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OROVILLE CITY COUNCIL
Centennial Cultural Center
~93~ Ariine Rhine Drive
Regular Meeting
JUNE 21, 2011
CLOSED SESSION 6:00 P.M.
OPEN SESSION 7:00 P.M.
Council Members Andoe, Berry, Bunker, Pittman, Simpson, Vice Mayor Wilcox, Mayor Dahlmeier
Persons may address the Council on items which are not listed on this agenda. Please complete a Pubiic
Participa#ion Farm and present it to the City Clerk prior to the start of the meeting. The Mayor will invi#e persons to
speak in the order in which the Participation Forms are presented to the City Clerk. Presentations are limited to
three minutes per person. The Brown Act, with certain exceptions, does not permit the City Council to discuss or
#ake action on the issues which are not listed on the agenda.
A Proclama#ion recognizing June 20, 2097 -June 26, 2091 as Amateur Radio Week
This is the time the Mayor will invi#e anyone in the audience wishing to address the Council on a matter that is on 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 for the record, and make your presentation or ask
June 29, 2099 - 6:00 p.m. Oroville Cify Council Meeting -Agenda Page 1 of 8
questions regarding the agenda item. Following your re`rriarks; C.our~cil;andlor staff may respond to your comments
or questions. Presentations are limited #o three minutes per person. Under Government Code Section 54954.3
the time allotted for presentations may be limited. ''
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1. APPROVAL OF THE MINUTES OF THE MAY 13, 2014 AND MAY 16, 2011 SPECIAL MEI=TINGS OF THE
OROVILLE CITY COUNCIL, THE JUNE 7, 2011 REGULAR MEETING OF THE OROVILLE CITY
COUNCIL AND THE JUNE 9, 2011 SPECIAL MEETING OF THE OROVILLE CITY COUNCIL AND
OROVILLE REDEVELOPMENT AGENCY -minutes attached.
2. AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH CHRISTOPHER SMITH
DBA MUSSELMAN PICTURES FOR VIDEO RECORDING SERVICES -staff report
.The Councii will consider an Amended and Restated Professional Services Agreement with Christopher
Smith dba Musselman Pictures relating to the video recording of the Oroville City Council 'anci Oroville
Redevelopment Agency meetings. (G. Harold Duffey, City Administrator)
Councii Action Requested: Adopt Resolution No. 7741 -- A~ RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDED AND
RESTATED PROFESSIONAL SERVICI=S AGREEMENT WITH CHRISTOPHI~R SMITH DBA
MUSSELMAN PICTURES FOR TWE VIDEO RECORDING OF THE OROVILLE CITY COUNCIL AND
OROVILLI= REDEVELOPMENT AGENCY MEETINGS - (Agreement No. 1810-4).
3. MODIFICATION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME REUSE
PLAN -staff report
The Council will conduc# a public hearing and consider the proposed modification to the City of Oroville
Community Development Block Grant Program Income Reuse Pian. (Pat Clark, Director of Business
Assistance and Housing Development)
Council Action Requested: Adopt Resolution No. 7742 -- A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING THE MODIFICATION OIr THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM INCOME REUSE PLAN.
4. APPROVAL OFNON-REVOLVING COMMUNITY DEVELOPMENT BLOCK GRANT ELIGIBLE ACTIVITIES
RELATED TO THE APPROVED PROGRAM INCOME WAIVERS -staff report
The Council will conduct a public hearing and consider the transfer of $283,200 of the Community
Development Block Grant (CDBG) Program Income funds from the City Public Facility Revolving Loan
Account #o supplement CDBG eligible non-revolving activities related to the conditionally approved Program
Income Waivers.
The Council will consider approving a supplemental appropriation to establish a budget for the activities
associated with the Program Income Waivers in the amount of $2$3,200. (Pat Clark, Director of Business
Assistance and Housing Development)
Council Action Requested:
1. Adopt Resolution No. 7743 - A RESOLUTION OF THE OROVILLE CITY COUNCIL
June 21, 2019 - fi:00 p.m. Orovi!!e Cify Council Meefrng -- Agenda Page Z of 8
AUTHORIZING THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT {CDBG} PROGRAM
INCOME, IN THE AMOUNT OF $283,200, FOR NON-REVOLVING CDBG ELIGIBLE ACTIVITIES.
2. Approve Supplemental Appropriation No. 2010111-0611-38 as indicated in the June 21, 2011
Staff Report.
5. ZONE CHANGE N0.11-02 -AMENDMENT TO ZONING CODE REGARDING DEVELOPMENT REVIEW
BOARD REQUIREMENTS -staff report
The Council will conduct a public hearing to consider the adoption of an Amendment #o the City's Zoning
Ordinance regarding Development Review Board requirements. (Donald Rust, Director of Planning and
Development Services)
Council Action Reques#ed: Waive the first reading and introduce by title only, Ordinance No.1774 - AN
ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING 3HE ZONING CODE, SECTION 26-53.020,
OF THE CODE OF THE CITY OF OROVILLE REGARDING DEVELOPMENT REVIEW BOARD
_..- REQUIREMENTS.
6. ZONE CHANGE NO. 11-03 - AMENDMENT TO ZONING CODE REGARDING OUTPATIENT SERVICES
AND SUBSTANCE ABUSE COUNSELING -staff report
The Council will conduct a public hearing to consider the adoption of an Amendment to the City's Zoning
Ordinance regarding Outpatient Services and Substance Abuse Counseling. (Donald Rust, Director of
Planning and Development Services)
Council Action Requested: Waive the first reading and introduce by title only, Ordinance No.1775 - AN
ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING THE ZONING CODE, SECTIONS 26.04, 26-
30, 26-33 AND 26-36, OF THE CODE OF THE CITY OF OROVILLE REGARDING OUTPATIENT SERVICES
AND SUBSTANCE ABUSE COUNSELING.
7. PROPERTY, CONTRACTOR'S EQUIPMENT, MOBILE EQUIPMENT, EMPLOYEE DISHONESTY AND
AIRPORT INSURANCE FOR FISCAL YEAR 2011192 -staff report
The Council will consider the purchase of insurance relating to property, boiler and machinery, contractor's
equipment, mobile equipment, employee dishonesty and airport insurance for the City of Oroville for fiscal
year 2011112. (Diane MacMillan, Director of Finance}
Council Action Requested: Authorize staff to obtain property, boiler and~rriachinery, contractor's
equipment, employee dishonestly, mobile equipment and airport insurance from Alliant Insurance
Services, Inc., as indicated in the June 21, 2071 Staff Report.
8. PROFESSIONAL SERVICES AGREEMENT WITW COTA COLE, LLP., TO PROVIDE SPECIAL LEGAL
SERVICES RELATING TO THE WAL-MART SUPERCENTER LITIGATION --staff report
The Council will consider a Professional Services Agreement with Cota Cole, LLP, in the amount of $75,000,
to represent the City in the litigation initiated as a resulk of the approval of the proposed Wal-Mart
Supercenter. {Scott E. Huber, City Attorney}
Council Action Requested: Adopt Resolution Na. 7744 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING TWE MAYOR TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH COTA COLE, LLP., IN THE AMOUNT OF $75,fl00, TO PROVIDE SPECIAL LEGAL
SERVICES RELATING TO THE WAL-MART SUPERCENTER LITIGATION - {Agreement No. 2009}.
June 21, 2011 - 6:00 p.m. Orovi!!e City Counc!! Meefing -Agenda Page 3 of 8
9. FUNDING AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES TO
CONDUCT A LEVEE INVESTIGATION -- staff report
The Council will consider a Funding Agreement with the Department of Water Resources under the Local
Levee Assistance Program, which will provide reimbursements in the amount of $318,820, forthe completion
of a levee investigation. (Rick Walls, Director of Public Works)
Council Action Reques#ed: Adopt Resolution No. 7745 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AN^ DIRECTING THE MAYOR. TO EXECUTE A FUNDING AGREEMENT
WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES TO CONDUCT A LEVEE
INVESTIGATION UNDER THE LOCAL LEVEE ASSISTANCE PROGRAM - (Agreement No. 2010).
10. PROFESSIONAL SERVICES AGREEMENT WITH HDR ENGINEERING, INC. TO CONDUCT A LEVEE
INVESTIGATION - s#aff report
The Council will consider a Professional Services Agreement with HDR Engineering, Inc., in the amount of
$4fi6,6$0, to conduct a levee investigation. (Rick Walls, Director of Public Works}
Council Action Requested: Adopt Resolution No. 7746 -- A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SI RVICES
AGREEMENT WITH HDR ENGINEERING, INC., IN THE AMOUNT OF $466,660, TO CONDUCT A LEVEE
INVESTIGATION - (Agreement No. 2011},
11. AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JOHN PALYS DBA
ADVANCED COMPUTER SYSTEMS-staff report
The Council will consider an Amendment to the Professional Services Agreement with John Palys dba
Advanced Computer Systems, in the amount of $56,7$4, for Computer Network Services. (Diane
MacMillan, Director of Finance)
Council Action Requested: Adopt Resolution No. 7747 -- A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH JOHN PALYS DBA ADVANCED COMPUTERS
SYSTEMS FOR COMPUTER NETWORK SERVICES - (Agreement No. 1383-11).
12. UPDATES TO THE THERMALITO MASTER DRAINAGE PLANS AND NEXUS STUDY AND REVISIONS
TO THE THERMALITO DRAINAGE IMPACT FEES -staff report
The Council will consider an update to the Thermalito Master Drainage Plans and Nexus Study and revisions
to the Thermalito Drainage Impact Fees. (Rick Walls, t7irectoi• of Public Works)
Council Action Requested: Provide staff with direction, if any, for the updates to the Thermalito Master
Drainage Plans and Nexus Study and revisions to the Thermalito Drainage Impact Fees.
13. GRANT OF UTILITY EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY -staff report
The Council will consider granting an Easement ^eed to Pacific Gas and Electric Company for the
placement of an electrical transformer on City-owned property located on the southeast corner of Bird Street
and Downer Street {APN 012-094-011 }. (Rick Watls, Director of Public Works)
Council Action Requested: Adopt Resolution Na. 7748 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING TWE MAYOR TO EXECUTE AN EASEMENT DEED TO
PACIFIC GAS AND ELECTRIC COMPANY FOR THE PLACEMENT OF AN ELECTRICAL
TRANSFORMER OF CITY OWNED PROPERTY LOCATED ON THE SOUTHEAST CORNER OF BIRD
June 21, 2011 - 6:00 p. m. Oroville City Counc!! Meefing -Agenda Page 4 of 8
STREET AND DOWNER STREET.
14. SPEED ZONE ENGINEERING AND TRAFFIC SURVEY -staff report
The Council will consider adopting the 201{7 Speed Zone Engineering and Traffic Survey (Survey} and
establishing a speed limit of 45 miles per hour for 20"' Street, as recommended in the Survey. (Rick Walls,
Director of Public Works)
Council Action Requested: Adapt Resolution No. 7749 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL ADOPTING THE 2010 ENGINEERING AND TRAFFIC SURVEY FOR THE CITY OF ORDVILLE
AND ESTABLISHING A NEW SPEED LIMIT OF 45 MILES PER HOUR FOR 20T" STREET, AS
RECOMMENDED IN THE 2010 ENGINEERING AND TRAFFIC SURVEY.
15. AMENDMENTTOTHEPROFESSIONALSERVICESAGREEMENTWITHHARVESTACCOUNTINGAND
MANAGEMENT SERVICES FOR BUSINESS TECHNICAL ASSISTANCE CONSULTING SERVICES -
staff report
The Council will consider an Amendment to the Professional Services Agreement with Harvest Accounting
and Management Systems for Business Technical Assis#ance Consulting Services, in an amount not to
exceed $10,000. (Pat Clark, Director of Business Assistance and Housing Development)
Council Action Requested: Adopt Resolution No. 7750 - A RESOLUTION OF THE OROViLLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH HARVEST ACCOUNTING AND MANAGEMENT
SYSTEMS FOR BUSINESS TECHNICAL ASSISTANCE CONSULTING SERVICES IN AN AMOUNT NOT
TO EXCEED $10,000 - (Agreement No. 1857-3}.
16. PROFESSIONAL SERVICES AGREEMENT WITH R.L. HASTINGS & ASSOCIATES FOR LABOR
STANDARDS COMPLIANCE SERVICES -staff report
The Council will consider a Professional Services Agreement with R.L. Hastings & Associates, LLC, to
provide Labor Standards Compliance Services forthe 2008 Community Development Block Grant Program,
Hillview Ridge Apartments Il, infrastructure development. (Pat Clark, Director of Business Assistance and
Mousing Development)
Council Action Requested: Adopt Resolution No. 7751 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH R.L. HASTINGS 8~ ASSOCIATES, LLC, TO PROVIDE LABOR
STANDARDS COMPLIANCE SERVICES FOR THE 2008 COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM, H1LLVlEW RIDGE APARTMENTS, PHASE II, INFRASTRUCTURIw
DEVELOPMENT - (Agreement Na. 2012).
17. PROFESSIONAL SERVICES AGREEMENT WITH CHEC MANAGEMENT SYSTEMS, INC. FOR THE
OROVILLE MUNICIPAL AIRPORT PAVEMENT MAINTENANCE-MANAGEMENT PROGRAM
PROJECT -staff report
The Council will consider a Professional Services Agreement with CHEC Management Systems, Inc., in
the amount of $26,580, for the Oroville Municipal Airport Pavement Maintenance-Management Program
Project. Rick Walls, Director of Public Works)
Council Action Requested: Adopt Resolution No. 7752 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH CHEC MANAGEMENT SYSTEMS, INC., IN THE AMOUNT OF
$2fi,560, FOR THE OROVILLE MUNICIPAL AIRPORT MAINTENANCE-MANAGEMENT PROGRAM
PROJECT - (Agreement No. 2013).
June 21, 2019 - 8:00 p.m. ~rovi!!e City Caunci! Meefing -Agenda Page 5 of 8
18. MASTER AGREEMENT FOR FEDERAL AVIATION ADMINISTRATION AIRPORT CAPITAL
IMPROVEMENT GRANTS -staff report
The Council will consider a revised Master Agreement with the Federal Aviation Administration. (Rick
Waifs, Director of Public Warks}
Council Action Requested: Resolution No. 7753 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A REVISED MASTER
AGREEMENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR AIRPORT CAPITAL
IMPROVEMENT PROJECTS - {Agreement No. 2014}.
19. AGREEMENT WITH SALVADOR M. RODRIGUEZ DBA RODRIGUEZ LANDSCAPES FOR WEED
ABATI=MENT -VARIOUS 51TES 2Q11 PROJECT -staff report
The Council will consider an Agreement with the lowest bidder, Salvador M. Rodriguez dba Rodriguez
Landscapes, in the amount of $19,850, for the Weed Abatement -Various Sites 201 ~[ Project. (Rick
Walls, Director of Public Works}
Council Action Requested: Resolution Na. 7754 - A RESOLUTION OF TWE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITW
THE LOWEST BIDDER, SALVADOR M. RODRIGUEZ DBA RODRIGUEZ LANDSCAPES, IN THE
AMOUNT OF $19,850, FOR THE WEED ABATEMENT -VARIOUS SITES 2011 PROJECT -
(Agreement No. 2015}.
20. MUNICIPAL AUDITORIUM INSPECTION REPORT -staff report
The Council will receive an Inspection Report of the current conditions of the Municipal Auditorium, located
at 1200 Myers Street, Oroville. (Christopher Fridrich, Director of Parks and Trees)
Council Action Reques#ed: Direct staff to develop a letter requesting Feather River Parks and
Recreation District to authorize work or repairs per section 4(b} of the Lease Agreement.
21. APPROVAL OF SETTLEMENT AGREEMENT WITH CITY EMPLOYEE -staff report
The Council will consider approving a Settlement Agreement with a City employee, in the amount of
$15,000. {G. Harold Duffey, City Administrator)
Council Action Requested:
1. Adopt Resolution No. 7755 -- A' RESOLUTION OF THE OROVILL.E CITY COUNCIL
AUTHORIZING AND DIRECTING THE CITY ADMINISTRATOR TO EXECUTE A
SETTLEMENT AGREEMENT WITH A CITY EMPLOYEE, IN THE AMOUNT OF $15,004 -
(Agreement No. 2016}.
Approve Supptemental Appropriation No. 2010111-0811-40 as indicated in the June 21,
2011 Staff Report.
22. ACQUISITION OF ASSETS FROM THE BANKRUPCY ESTATE AUCTION OF THE PRIVATE
INDUSTRY COUNCIL. OF BUTTE COUNTY - s#aff report
The Council will consider authorizing the City Administrator, as the City Purchasing Agent, to participate
in the acquisition of assets from the bankruptcy estate auction of the Private Industry Council of Butte
County. {G. Harold Duffey, City Administrator)
June 21, 2099 - 6:00 p.m. Orovilie Cify Council Meeting -Agenda Page 6 of 8
Council Action Requested: Authorize the City Administrator, as the City Purchasing Agent, to
participate in the acquisition of asse#s #rom the bankruptcy estate auction of the Private Industry
Council of Butte County, in an amount not to exceed $40,000.
23. MONTHLY SUMMARY OF INVESTMENTS AND MONTHLY FINANCIAL REPORTS FOR APRIL AND
MAY 2011 -reports attached
The Council received a copy of the Monthly Summary of investments and the Monthly Financial Reports for
April and May 2011. {Diane MacMillan, Director of Finance)
Council Action Requested: Acknowledge receipt of the April and May 2011 Monthly Summary of
Investments and the April and May 2011 Monthfy Financial Reports.
COUNCIL ANNOUNCEMENT5ICOMMITTEE REPORTS {A verbal report may be given regarding any
committee meetings attended.)
STAGE
Chamber of Commerce
• Parks and Trees Department -activity report
• Police Department -activity report
• Planning And Development Services -activity report
• Vacancies - Oroville Arts Commission( {1 }and the Southside Community Center Advisory Board (2}
• Letter from Larry Jendro, President, Oroville Old Time Fiddlers, in appreciation of support and
participation of the 2071 California Slate Old Time Open Fiddle and Picking Championship Confesf.
Letter from John Casper, Pr~sidenf, Oroville Dawrrto~nrn Business Association, in appreciation of
support and participation of the NorCal Explorer Train Event.
This is the time the Mayor will irnite 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. ltnder Government Cade Section 54954.2, The Council is prohibited from taking action excerpt
for a brief res onse b the Council or staff to a statement or uestion relatin to a non-a ends item.
June 21, 2091 - 6:00 p.m. Oroville Cify Council Meeting _ Agenda Page 7 of 8
The Council will hold a Closed Session on the following:
~ . Pursuant to Government Cade Section 54957, the Council will meet with Labor Negotiator, G. Harold Duffey
and City Attorney, Scott E. Huber, to consider the extension of the Employment Agreement for Patricia I.
Clark, Director of Business Assistance and Housing Development.
2. Pursuant to Government Code Section 54956.9(b), the Council will meet with City Attorney, Scott E.
Huber, and City Administrator, G. Harold Duffey, concerning potential litigation -one case.
The meeting will be adjourned. An adjourned meeting of the Oroville City Council and Oroville Redevelopment
Agency will be held on Wednesday, .3une 29, 2011 at 4:00 p.m.
Accommodafing Thase lndivfduals with Special Needs-Incompliance with the Americans with Disabilities Act, the City of Oroville encourages
Ehose 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 (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may
make every reasonable effort to accommodate you. L]ocuments distributed for public session i#ems, less than 72 hours prior to meeting, are
available for public inspection at City Hall, 9735 Montgomery Street, Oroville, California.
June 29, 2091 - 6:00 p.m. Orovi!!e Cify Council Meeting -- Agenda Page 8 of 8