HomeMy WebLinkAboutOro CC AgendaOROVILLE CITY COUNCIL
Council Chambers
~,q~{D~ X735 Montgomery Street
~i~~ t ~ ZQ~ Regular Meeting
~y~,cr~' MARCH 19, 2013
CLOSED SESSION 5:00 P.M.
OPEN SESSION 6:00 P.M.
AGENDA
Council Members Andoe, Berry, Bunker, Pittman, Simpson, Vice Mayor Wilcox, Mayor Dahlmeier
A Proclamation observing the' month of March 2093 as American Red Cross Monfh.
This is the time the Mayor will invite anyone in the audience wishing to address the Council on a matter that is an the
agenda to state your name and the agenda item on which you wish to speak. When that item comes up on the
agenda, you will be asked to step to the podium, repeat your name fior the record, and make your presentation ar ask
questions regarding the agenda item. Following your remarks, Council and/or staff may respond to your comments
or questions. Presentations are limited to three minutes per person. Under Government Code Section 54954.3
the time allotted for presentations~may be limited.
March 79, 2073 ~ 5:00 p.m. ~roviNe Cify Council Meeting -Agenda Page 7 of 8
1. APPROVAL OF THE MINUTE5 OF THE MARCH 5, 2013 REGULAR MEETING AND MARCH 7, 2413
SPECIAL MEETING OF THE OROVILLE CITY COUNCIL -minutes attached.
2. BENEFICIARY RECIPIENT OF THE 2013 OROIyII;L~>SK~.RIVER RUN -staff report
The Council will acknowledge the Executive Cornmi~tee's selection of the Oroville Police Officers'
Association's Shoes for Kids program as the beneficiary recipient-fiir the second annual Oroville 5k River
Run which will take place an Saturday, May 18,=2013: (P,;eter;Cosentini, lnterim Ci#y Administrator)
Council Action Requested: None.
3. AMENDMENT TO THE ENTRY AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY -staff
report
The Council may consider an amendment to the Entry Agreement with Pacific Gas and Elec#ric Company to
continue the environmental investigation at a PG&E manufactured gas plant site formerly located within the
northeast corner of Montgomery Street and Hun#oon Street {Municipal Auditorium parking lot). (Peter
Cosentini, Interim City Administrator and Art da Rosa, Director of Public Works}
Council Action Requested: Adopt Resolution No. 8046 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
ENTRY AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY FOR AN ENVIRONMENTAL
INVESTIGATION AT A PACIFIC GAS AND ELECTRIC COMPANY MANUFACTURED GAS PLANT SITE
FORMELY LOCATED WITHIN THE NORHTEAST CORNER OF MONTGOMERY STREET AND
WUNTOON STREET (APN'S 012-032-031, 012-032-fl32 AND A PORTION OF 412-032-033) - (Agreement
No. 1934-3}.
4. FEE WAIVER REQUEST BY CITY OF OROVILLE DOCENTS -staff report
The Council may consider recommending approval of a fee waiver request from the Ci#y of Oraville Docents
for use of the Lott Home on May 10 -11, 209 3, far feather Fiesta Days ac#ivities. (Donald Rust, Director of
Planning and Development Services and Luis Topete, Associate Planner)
Council Action Reques#ed: Approve the fee waiver request from the City of Oroville Docents #or use of
the Lott Home on May 10 -11, 2013, for Feather Fiesta Days activities.
5. FEE WAIVER REQUEST BY BUTTE COUNTY GENERAL SERVICES DEPARTMENT -staff report
The Council may consider recommending denial of a fee waiver request from the Butte County Genera]
Services Departmentforanannual s#affineeting and picnic113BQ, to be held at Hammon Park on August 12,
2013. (Donald Rus#, Direc#or of Planning and Development Services and Luis Topete, Associate
Planner}
Council Action Requested: Deny the fee waiver request from the Butte County General Services
Department far an annual staff meeting and picniclBBQ scheduled to be held at Hammon Park on
August 12, 2013,
6. ADMISSION FEE WAIVER REQUEST BY FRIENDS OF THE PARK -staff report
The Council may consider recommending approval of an admission fee waiver request from Friends of the
Park for the 43`d annua! Open House at the Chinese Temple and Museum Complex, to he held May 8, 209 3.
(Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner}
Council Action Requested: Approve the admission fee waiver request from Friends of the Park for the
March 79, 2013 ~ 5:00 p. m. Orovilie Cify Cauncii Meeting -Agenda Page 2 of 8
43~d annual Open House at the Chinese Temple and Museum Complex, to be held May 8, 2013.
7. FEE WAIVER REQUEST BY FIRST CONGREGATIONAL CHURCH -staff report
The Council may consider approving a 50% fee waiver request from the First Congregational Church for an
Easter morning sunrise service, to be held at Centennial Plaza on March 31, 2013. {Donald Rust, Director
of Planning and Development Services and Luis Topete, Associate Planner}
Council Action Requested: Approve a 50% fee waiver by the First Congregational Church far an Easter
morning sunrise service, to be held at Centennial Plaza on March 31, 2013, in the amount of $62.50.
8. DONATION REQUEST BY THE TREE OF HOPE -staff report
The Council may consider a donation request from the Tree of Hope, in the amount of $2,500, for the 2013
Role Model Today...Legacy Tomorrow Essay Writing and Speaking Competition, to be held April fi, 2013.
(Pater Casentini, Interim City Administra#or)
Council Action Requested: Deny the cash donation request from the Tree of Hope, in the amount of
$2,500, forthe 2013 Role Model Today...Legacy Tomorrow Essay Writing and Speaking Competition,
to be held April B, 2013.
9. DONATION REQUEST FOR 2013 OLD TIME FIDDLE CONTEST AND G05PEL JAM HOSTED BY
THE CALIFORNIA STATE OLD TIME FIDDLERS ASSOCIATION -staff report
The Council may considers donation requestfrom the California State Old Time Fiddlers Association in the
amount of $2,600 for the 2013 Old Time Fiddle Contest and Gospel Jam, to be held March 14 --17, 2013.
(Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner)
Council Action Requested: Deny the cash donation request from the California State Oid Time Fiddlers
Association in the amount of $2,600 and limit the City's contribution for the 2013 Old Time Fiddle
Contest and Gospel Jam to the approved fee waiver request for the four day rental of the Municipal
Auditorium, in the amount of $3,241.23.
10. SUPPLEMENTAL APPROPRIATION TO ESTABLISH A BUDGET FOR WOUSING PROGRAM FUND
- staff report
The Council may consider a supplemental appropriation to establish a budget for the Housing Program
Fund. (Pat Clark, Director of Business Assistance and Housing Development)
CounciE Action Requested: Approve Supplemental Appropriation No.2012113-0313-29 as indicated in
` the March 19 2013 staff report.
11. SUBMISSION OF A HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 6 GRANT APPLICATION -
staff report
The Council may consider authorizing staff to submit a grant application to Caltrans for the Highway Safety
Improvement Program Cycle 6. {Art da Rosa, Director of Public Works)
Council Action Requested:
1. Adapt Resolution No. 8047 - A RESOLUTION OF THE OROVILLE CITY COUNCIL
AUTHORIZING STAFF TO SUBMIT A GRANT APPLICATION TO CALTRANS FOR THE
HIGHWAY SAFETY IMPROVEMENT PROGRAM CYCLE 6.
2. Authorize staff to proceed with the preparation of grant application packages for (a) Grand
March 99, 2013 ~ 5:00 p.m. Oroville City Counc!! Meeting -Agenda Page 3 of 8
AvenuelFogg Avenue intersection, {b) Nelson AvenuelFogg Avenue intersection, and (c} mid-
block crosswalk on Lincoln Boulevard south of Oro Dam Boulevard.
12. AMENDMENTS TO THE OROVILLE MUNICIPAL CODE RELATING TO THE CITY'S SIGN
REGULATIONS {2°~ Reading) -staff report
The Council may consider amending Chapter 26, section 19 of the Oraville Municipal Code relating to the
City's sign regulations. (Donald Rust, Director of Planning and Development Services and Luis Topete,
Associate Planner)
Council Action Requested: Waive the second reading and adopt by title only, Ordinance No.1796 - AN
ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING CHAPTER 26, TABLES 26-19.120-1, 26-
19.120-2, 26-19.120, 26-19.130-1 AND 26-19.140-1 OF THE CODE OF THE CITY OF OROVILLE AND
AMENDING SECTION 26-19.070 AND 26-19.150 RELATING TO THE CITY'S SIGN REGULATIONS.
13. SACRAMENTO METROPOLITAN CHAMBER OF COMMERCE PUBLIC POLICY COMMITTEE AND
LEGISLATIVE ADVOCACY EVENTS FOR APRIL 2013 --.staff report - , .
The Council will receive the Sacramento Metropolitan Chamber of Commerce Public Policy Committee and
Legislative Advocacy April 2013 calendar. (Donald Rust, Director of Planning and Development Services
and Sam Driggers, Economic Development Manager}
Council Action Requested: None.
14. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT W1TH REINARD W. BRANDLEY -staff
report
The Council may consider an amendment to the Professional Services Agreement with Reinard W.
Brandley, Consulting Airport Engineer, in the amount of $15,000, for completing an environmental field
assessment in support of an Airport Drainage Improvement Project. {Art da Rosa, Director of Public
Works and Rick Walls, Senior Civil Engineer}
Council Action Requested:
1. Adopt Resolution No. 8046 - A RESOLUTION OF THE OROVILLE CITY COUNCIL
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH REINARD W. BRANDLEY, IN THE AMOUNT
OF $15,000, TO COMPLETE AN ENVIRONMENTAL FIELD ASSESSMENT FORTHE OROVILLE
MUNICIPAL AERPORT - {Agreemen# No. 2006-6}.
2. Approve Supplemental Appropriation No. 20'!2113-0313-30 as indica#ed in the March 19, 2013
staff report.
15. PROFESSIONAL SERVICES AGREEMENT WITH GOLF COURSE APPRAISAL -staff report
The Council may consider a Professional Services Agreement with Golf Course Appraisal for appraisal
services relating to Table Mountain Golf Course, in an amount not to exceed $'15,400. {Art da Rasa,
Director of Public Works and Rick Walls, Senior Civil Engineer)
Council Action Requested:
1. Adopt Resolution No. 8050 - A RESOLUTION OF THE DROVILLE CITY COUNCIL
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH GOLF COURSE APPRAISAL, IN THE AMOUNT OF $15,400, FOR
APPRAISAL SERVICES RELATING TO TABLE MOUNTIAN GOLF COURSE - (Agreement No.
March 19, 2013 ~ 5:00 p.m. Oroville City Council Meefing -Agenda Page 4 of 8
3008}.
Z. Approve Supplemental Appropriation No. 2012113-0313-28 as indicated in the March 19, 2013
staff report.
1fi. PROFESSIONAL SERVICES AGREEMENT WITH NORTHSTAR ENGINEERING FOR SURVEYING OF
PROPERTY TO BE TRANSFERRED PURSUANT TOAGREEMENT -staff report
The Council may consider entering into a Professional Services Agreement with Northstar Engineering, in
the amount of $8,150, #o provide boundary surveying and to prepare a legal description for the transfer of the
excess right of way along the Bass Burger frontage next to Table Mountain 131vd., in Oroville. (Scott E.
Huber, City Attorney}
Counci! Ac#ian Requested: Adopt Resolution No. 8049 - A RESOLUTION OF THE OROVILLE CITY
COUNCILAUTHORIZINGRND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH NORTHSTAR ENGINEERING, IN THE AMOUNT OF $8,150, FOR SURVEYING AND
LEGAL DESCRIPTION PREPARATION -- (Agreement No. 3009}. '
PUBLIC HEARINGS -None
17. RELOCATION OF EQUIPMENT STORED BY THE KIWANIS CLUB OF OROVILLE -staff report
The Council may consider the reloca#ion of equipment currently stored by the Kiwanis Club of Oroville at
2363 South 5~` Avenue, Oroville (APN p35-400-022}. (Peter Cosentini, Interim City Administrator)
Council Action Requested: Adopt Resolution No. 8051 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO RESCIND THE EXISTING LEASE
AGREEMENT WITH THE KIWANINS CLUB OF OROVILLE FOR PROPERTY LOCATED AT 23fi3
SOUTH 5T" AVENUE AND EXECUTE A NEW LEASE AGREEMENT, FOR ATERM OF ONI=YEAR, WITH
THE KIWANIS CLUB OF OROVILLE TO UTILIZE A SMALL ENCLOSED SECTION OF THE MUNICIPAL
AUDITORIUM'S BASEMENT LOCATED AT 1200 MYERS STREET, OROVILLE - (Agreement No.1 fi03-
1 }.
18. AMENDMENT TO THE OROVILLE MUNICIPAL CODE RELATING TO THE USE, SALE AND
.DISTRIBUTION OF TOBACCO AND OTHER NICOTINE RELATED SUBSTANCES AND PRODUCTS
:. ~ ~4ND THE,ESTABLISHME~NT. AND, LOCATION.OF SMOKE SHOPS {2"r° Reading} -.staff report
The Council may consider an amendment to the Oroville Municipal Code of the City of Oroville adding
Chapter 12A and amending Chapter 26 and 14 relating to the use, sale and distribution oftobacco and other
nicotine related substances and products and the establishment and location of smoke shops within the City
limits. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate
Planner)
Council Action Requested: Waive the second reading and adopt by title only, Ordinance No.1794-AN
ORDINANCE OF THE OROVILLE CITY COUNCIL ADDING CHAPTER 12A TO THE CODE OF THE CITY
OF OROV[LLE AND AMENDING CHAPTERS 2fi AND 14 OF THE CODE OF THE CITY OF OROVILLE
RELATING TO THE USE, SALE AND DISTRIBUTION OF TOBACCO AND OTHER NICOTINE RELATED
SUBSTANCES AND PRODUCTS AND THE ESTABLISHMENT AND LOCATION OF SMOKE SHOPS
WITH THE CITY LIMITS.
19. AMENDMENT TO THE OROVILLE MUNICIPAL CODE TO ALLOW COTTAGE FOOD OPERATIONS
March 19, 2093 ~ 5:00 p.m. Oroville City Counci! Meeting -Agenda Page 5 of 8
{2NA Reading) -staff report
The Council may consider amending Chapter 26 of the Oroville Municipa! Code by adding Chapter 28-
18.210 and amending section 26-04.020 for the purpose of specifying City regulations regarding cottage food
operations. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate
Planner}
Council Action Requested: Waive the second reading and adopt bytitle only, Ordinance No.1795-AN
ORDINANCE OF THE OROVILLE GITY COUNCIL ADDING CHAPTER 26 SECTION 16.210 AND
AMENDING CHAPTER 2G SECTION 04.020 TO THE CODE OF THE CITY OF OROVILLE FOR THE
PURPOSE OF SPECIFYING THE CITY'S REGULATIONS REGARDING COTTAGE FOOD
OPERATIONS.
20. DUE DILIGENCE REVIEW PAYMENT OF THE LOW MODERATE INCOME HOUSING FUND -staff
report
The Council may consider remitting $782,499 of Low Moderate Income Funds {former Redevelopment
Agency Funds} to the Butte County Auditor-Controller's Office #or redistribution to the taxing entities pursuant
to Health and Safety Code 34179.5(c}(5} and (6}. (Diane MacMillan, Finance Director and Mikah Salsi,
Program Specialist}
Council Action Requested: Authorize and direc# the Finance Director to remit payment of $782,499 to
the Butte County Auditor-Controller's Office for redistribution of Low Moderate income Funds to the
taxing entities pursuant to Health and Safety Code 34179.5(c)(5) and (fi).
21. POTENTIAL REPLACEMENT OF EVAPORATIVE COOLERS AND UPGRADING 3NTERlOR LIGHTING
AT THE MUNICIPAL AUDITORIUM -staff report
The Council may provide direction to staff regarding the potential replacement of the six (6} evaporative
coolers and upgrading the interior lighting atthe Municipal Audi#orium. (Donald Rust, Director of Planning
and Development Services}
Council Action Requested:
1. Direct staff to close the Municipal Auditorium from May through October, during the summer
mon#hs to preven# any public safety concerns during the renting of the facility.
OR
Z. Direct staff to ab#ain competitive bids for the removal of the existing six (fi} large evapara#ive
coolers over the main portion of the Municipal Auditorium and upgrade them with six (fi)-new
units and return to Council for review and approval of a contract; and
3. Direct staff to contact PG8~E to perform an electrical audit on the Municipal Auditorium and
discuss the potential programs that may allow the replacement of the interior lights at no
cost to the City; and
22. SANITARY SEWER MASTER PLAN UPDATE -staff report
The Council will hear a presentation of the work comple#ed to date regarding the City's Sanitary Sewer
Master Plan Update. (Art da Rosa, Director of Public Works and Rick Walls, Senior Civil Engineer}
Council Action Requested:
Provide staff with comments or suggested revisions to the draft Sanitary Sewer Master Plan.
March 19, 2013 - 5:00 p.m. Orov!!!e Cify Counc!! Meefing -Agenda Page fi of 8
2. Authorize s#aff to schedule a noticed public hearing for the Council to consider adoption of
the Sanitary Sewer Master Plan, including the revised Sewer Development Impact Fee.
3. Provide staff guidance regarding the combining ofthe current Sewer Connection and Collect
Fee accounts into one Sewer Impact Fee account.
4. Authorize staff to initiate the preparation of a loan application to the State Revolving Fund for
the EEement 1 Projects.
23. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME WAIVER -CHINESE MUSEUM
REMODEL PROJECT UPDATE -staff report
The Council will receive an update on the status of the Community Development Black Grant Program
Income Waiver- Chinese Temple Museum Remodel Project. (Pat C[ark, DirectorofBusiness Assistance
and Housing Development}
Council Action Requested: Direct staff, if necessary.
24. CONTINU>=D DISCUSSION OF BUDGET APPROACH WITH CITY COUNCI)- -staff report
The Council will consider various passible approaches with the [nterim City Administrator. (Peter Cosentini,
Interim City Administrator}
Council Action Requested: Give the interim City Administrator direction if the Council wishes to see
options of an unequal pain approach andlor a modified unequal pain approach.
25. MONTHLY SUMMARY OF INVESTMENTS AND MONTWLY FINANCIAL REPORTS FOR JANUARY AND
FEBRUARY 2013 -reports attached
The Council will receive a copy of the Monthly Summary of Investments and the Monthly Financial Reports
for January and February 2013. (Diane MacMillan, Director of Finance)
Council Action Requested: Acknowledge receipt of the January and February 2013 Monthly Summary
of Investments and Monthly Financial Reports.
SUCCESSOR AGENCY -None
.r ~ _
MAYORI COUNCIL REP-OBIS ; ` ~ ~,
COUNC[I_ ANNOUNCEMENTSICOMMITTEE REPORTS (A verbal report may be given regarding any
committee meetings attended.)
• Planning and Development Services Department -activity report
• Business Assistance and Housing Development Department -- activity report
• Public Works Department -activity report
• Police Department -activity report
• Fire Department -activity report
March 99, 2093 -- 5:00 p.m. Oraville Cify Council Meeting -Agenda Page 7 of 8
CORRESPONaENCE -None
This is the time the Mayorwill invite anyone in the audience wishing to address the Council on a matter not listed on
the agenda to step to the podium, state your name for the record and make your presentation. Presentations are
limited to 3 minutes. UnderGovernmentCode Section 54954.2, The Council is prohibited from taking action except
for a brief response by the Council or staff to a statement or question relating to anon-agenda item.
The Council will hold a Closed Session on the following:
1. Pursuant to Government Code section 54957(b), the Council will meet with Interim City Administrator,
Peter Cosentini, and City Attorney, Scott E. Huber, to consider the evaluation of performance related to
the following position: Finance Director.
2. Pursuant to Government Code Secfian 54947.6, the Council will meet with interim City Administrator,
Peter Cosentini, and City Attorney, Scott E. Huber, to discuss labor negotiations regarding the Oroville
Police Officers Associa#ion -Sworn and Non-Sworn.
3. Pursuan# to Government Code section 54956.9(x), the Council will hold the following closed session
relating to existing litigation:
a. Ziburtovicz v. City of Oroville, Butte County Superior Court Case No. 154714
b. Martin, et af. v. City of Oroville, and Related Crass Actions, Butte County Superior Court Case
No. '!48232
4. Pursuant #o Government Code Section 54957(b), the Council will meet with Acting Interim City
Administrator, Pat Clark, and City Attorney, Scott E. Huber, to consider the appointment andlor
employment related to the following position: City Administrator.
The mee#ing will be adjourned. A regular meeting of the Orovil[e City Council wit! be held on Tuesday, April 2, ?_013
at 5:00 p.m.
Accommodating Thoselndividuals wifh Special Needs-Incompliance with the Americans with []inabilities Act, the City of Oroville encourages
those with disabilities to participate fully in the public meeting process. IF you have a special need in order to allow you to attend or participate in
our public meetings, please contact the City Clerk at (53Q} 538-2535, well in advance of the regular meeting you wish to attend, so that we may
make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are
available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.
March 79, 2013 ~ 5:00 p.m. Orotrille City Council Meeting -- Agenda Page 8 of 8