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Oro Council agenda
~SU~vlso~sOROVILLE CITY COUNCIL ~ g 20~~ Council Chambers 1735 Montgomery Street ~ Reguiar Meeting FEBRUARY 19, 2013 CLOSED SESSION 5:00 P.M. OPEN SESSION 6:00 P.M. AGENDA ROLL CALL Council Members Andoe, Berry, Bunker, Piftman, Simpson, Vice Mayor Wilcox, Mayor Dahlmeier PROCLAMATION L PRF~ENTATION A Prociama#ian recognizing February 29, 2D13, as California Ripe Olive Day. A New Business Acknowledgement and Welcome fo Oraville #ar Sfudio Zen. A New Business Acknowledgement and Welcome fo Oroville for Tiffany's Belle Vifa Ful! Service Salon. A New Business Acknowledgement and Welcome fo Oroville far Hopl Health. A New Business Acknowledgement and Welcome to Oroville for Oroville Power Equipment. A New Business Acknowledgement and Welcome to Oroville for Stumpy's. A New Business Acknowledgement and Welcome to Oroville for Ambee's Bloomers. February 79, 2013 ~ 5:00 p.m. Oroville City Council Meeting -Agenda Page 7 of 9 A Presen#ation by the Public Works Department regarding the City's Pavement Managemenf System and Road Mainfenance Priorifies. , _ - - ' RECOGNITION OF INDIVIDUALS WHO WISH TO SPEAKOI~L,L~,~ENDA ITEMS This is the time the Mayor will invite 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 i#em 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 questions regarding the agenda item. Following your remarks, Council and/or staff may respond to your comments ar questions. Presentations are limited to three minutes per person. Under Government Code Section 54954.3 the time allotted for presentations may be limited. CONSENT CALENDAR , 1. APPROVAL OF THE MINUTES OF THE JANUARY 31, 2013 AND FEBRUARY 4, 2013 SPECIAL MEETINGS AND THE FEBRUARY 5, 2013 REGULAR MEETING OF THE OROVILLE CITY COUNCIL- minutes attached. 2. ADMINISTRATIVE PERMIT FEE WAIVER REQUEST FROM THE OROVILLE EXPERIMENTAL AIRCRAFT ASSOCIATION CHAPTER 1112 -staff report The Council may consider recommending denial of a fee waiver request from the Oroville Experimental Aircraft Association (EAA}Chapter 1112 for the fees associated with Oroville Airport Fly-In event. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner} Council Action Requested: The Executive Committee has recommend denial of the #ee waiver request by Oraville Experimental Aircraft Association Chapter 1112 for the fees associated with Oroville Airport Fly-ln event in the total amount of $443.23. 3. FEE WAIVER REQUEST FROM TWE CHIMES CLUB -EASTER STAR AMAPOLA CHAPTER N0.35 FOR USE OF TWE LOTT HOMEISANK PARK -staff report The City Council may consider recommending denial of a fee waiver request from the Chimes Club for use of Lott HomelSank Park for their annual fundraiser Bar-B-Que. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner} Council Action Requested: The Executive Committee has recommend denial of the Chimes Club - Eastern Star Amapola Chapter No. 35 fee waiver request in the amount of $400, for use of the Lott HomelSank Park for their annual fundraiser Bar-B-Que. 4. REQUEST TO ADJUST THE PUBLIC SAFETY FEE FOR THE OROVILLE NOON ROTARY ANNUAL ROUNDUP DINNER AND DANCE FUNDRAISER -staff report The Council may consider recommending denial of a public safety fee modification for the Oroville Noon Rotary Club annual Rotary Roundup dinner and fundraiser. {Donald Rust, Director of Planning and Developmen# Services and Luis Topete, Associate Planner) Council Action Requested: The Executive Committee has recommend denial of the public safety fee modification for the Oroville Noon Rotary Club annual Rotary Roundup dinner and fundraiser. February 99, 2093 _ 5:00 p.m. Orov!!!e City Council Meefing-Agenda Page 2 of 9 5. FEE WAIVER REQUEST FROM THE NATIVE SONS OF THE GOLDEN WEST - 8th ANNUAL BEER FESTIVAL FEES -staff report The City Council may consider recommending denial of a fee waiver request from the Native Sons of the Golden West #or their 8th Annual Beer Festival. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner) Council Action Requested: The Executive Committee has recommend denial of the fee waiver request by Native Sons of the Golden West far alt City fees associated with their 8th Annual Beer Festival in the total amount of $1,462.23. 6. FEE WAIVER REQUEST FROM rtHE OROVILLE YOUTH ATHLETIC ACADEMY (OYAA) FOR USE OF THE MUNICIPAL AUDITORIUM -staff report The Councii may consider recommending denial of a fee waiver request from the Oroville Yau#h Athletic Academy (QYAA}for use of the Municipal for a period of one to multiple years, if available, for the purpose of providing advanced athletic training to youth and coaches. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner) Council Action Requested: The Executive Committee has recommend denial of the fee waiver request from the Orovi[le Youth Athletic Academy (OYAA) €or use of the Municipal for a period of one to multiple years, if available, for the purpose of providing advanced athletic training to youth and coaches. 7. FEE WAIVER REQUEST FROM THE KENT FAMILY CIRCUS FOR USE OF THE STATE THEATRE - staff report The Council may consider recommending denial of a fee waiver requestfrom the Kent Family Circus fior use of the State Theatre for a program in celebration of Annual World Circus Day. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associa#e Planner) Council Action Requested: The Executive Committee has recommend denial of the Kent Family Circus fee waiver request far use of the Historic State Theatre in the totaE amount of $487.50. 8. AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF OROVILLE AND TABLE MOUNTAIN GOLF CLUB, INC. -staff report The Councii may consider an amendment to the Lease Agreement wi#h Table Mountain Golf Club, inc. to add a term to the Agreement in the event of catastrophic foss of the facilities. {Scott Huber, City Attorney} Council Action Requested: Adopt Resolution No. $029 - A RESOLUTION OF THE, OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN TWE CITY OF OROVILLE AND TABLE MOUNTAIN GOLF CLUB, INC. -- (Agreement No. 7G4-$). 9.. 2013 CALHOME GRANT PROGRAM APPLICATION -staff report The Council may consider the submission of a grant application to the State Department of Housing and Community Developmentfior CalHome Program funds. (Pat Clark, Director of Housing and Development Services) Council Action Requested: Adopt Resolution No. 8030 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION TO THE CALIFORN[A DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE February 19, 2013 ~- 5:00 p.m. Oroville Cify Council Meefing -Agenda Page 3 of 9 CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT [F SELECTED FOR SUCH FUNDING, AND ANYAMENDMENTS THERETO; AND ANY RELATED DOCUMENTS N>=CESSARYTO PARTICIPATE IN THE CALHOME PROGRAM. 10. RATIFICATION OF THE BUTTE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE GRANT APPLICATION -- staff report The Council will consider ratification of the submission of a grant application to the Butte County Indian Gaming Local Community Benefit Committee on behalf of the Fire Department for grant funds in the amount of $67,547. (Charles Hurley, Fire Chief) Council Action Requested: Acknowledge the submission of the grant application to the Butte County Indian Garriing Local Community Benefit Committee on behalf of the Fire Department in the amount of $67,547. 11. ADOPTION OF A FACILITY AND PARK FEE WAIVER ORDINANCE (2"Reading) -staff report The Council may consider the adoption of a Facility and Park Fee Waiver Ordinance. (Donald Rust, Director of Planning and Development Services) Council Action Requested: Waive the second reading and adopt by ti#le only, Ordinance No.1793- AN ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING CHAPTER 22, SECTION 77, Rl`SCINDING DEPARTMENTAL POLICYAND PROC)=DURE DOCUMENT 32, AND ADDING SECTION 26-10.200 TO THE OROVILLE MUNICIPAL CODE FOR THE PURPOSE OF ENACTING A NEW FACILITY AND PARK FEE WAIVER POLICY. 12. RECYCLING MARKI=T DEVELOPMENT ZONE ENVIRONMENTAL REVIEW - NEGATIVE DECLARATION -staff report The Council may consider adopting a Negative Declaration as the appropriate level of environmental review for the renewal of the Orovil[e Recycling Market Development Zone Program in accordance with the California Environmental Quality Act and Guidelines. {Donald Rust, Director of Planning and Development Services) Council Action Requested: Adopt Resolution No. 8031 - A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AS THE APPROPRIATE .LEVEL OF lNVIRONMENTAL REVIEW FOR THE RENEWAL OF THE OROVILLE RECYCLING MARKET DEVELOPMENT ZONE PROGRAM IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 7~ND'GUiDELINI=S. Pl3BLIC HEARINGS 13. FINAL GRANTEE PERFORMANCE AND CLOSE-OUT REPORTS ON THE COMMUNITY DEVELOPMENT BLOCK GRANT 09-STBG-6424 -staff report The Council will conduc# a public hearing relating to the performance and final accomplishments of Community Development Block Grant No. 09-STBG-6424 and to close-out the grant #hat expired on December 39 , 2012. (Pat Clark, Director of Housing and Development Services) Council Action Requested: None. February 79, 2013 -- 5:00 p.m. Oroville Cify Council Meeting -Agenda Page 4 of 9 14. SUBMITTAL OF A NEW PROGRAM INCOME REUSE PLAN AND THE TRANSFER OF FUNDS -staff report The Council will conduct a public hearing regarding Community Development Block Grant Program Income actions and may consider the adoption of a new Program Income Reuse Plan and the transfer of funds. (Pat Clark, Director of Housing and Development Services) Council Action Reques#ed: 1. Adopt Resolution No. 8032 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING THE ADOPTION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME REUSE PLAN. 2. Approve Supplemental Appropriation No. 2012113-421,3-22 as indicated 'rn the staff report dated February 19, 2013. 3. Adopt Resolution No. 8033 -- A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING THE CITY ADMINISTRATOR ANDIOR THE MAYOR TO EXECUTE DOCUMENTS RELATED TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME WAIVER ACTIVITIES. 15. PROPOSED UPDATES AND REVISIONS TO THE PLANNING AND DEVELOPMENT SERVICES DEPARTMENT MASTER FEE SCHEDULE (2"dReading} -staff report The Council may consider adopting the proposed updates and revisions to the Planning and Development Services Department's Master Fee Schedule. (Donald Rust, Director of Planning and Developrent Services) Council Action Requested: Waive the second reading and adapt by title only, Ordinance No.1791 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING THE UPDATED PLANNING AND DEVELOPMENT SERVICES DEPARTMENT'S MASTER FEE SCHEDULE. 16. REQUEST BY THE OROVILLE DOCI=NT ASSOCIATION FOR A FLAGPOLE TO BE INSTALLED AT SANK PARK -staff report The Council may consider a request by the Oroville Docent Association'#ct'h~arre'a`flagpoie installed in Sank Park. (Donald Rust, Director of Planning and Development Services) Council Action Requested: 1. Interim City Administrator recommends denial of the project unless full funding is from outside sources; or 2. Direct staff to continue to work with the local Boy Scout organization to provide the installation of the #lagpole at Sank Park as a service (Eagle Scout) project. 17. AMERICANS WITH DISABILITIES ACT INFORMATION AND COMMUNITY OUTREACH -staff report The Council may provide direction related to the Americans with Disabilities Act and the community outreach February 79, 2093 ~ 5:Oa p.m. ~raville City Council Meefing -Agenda Page 5 of 9 workshop with the local contractors and businesses in Oroviiie. (Donald Rust, Director of Planning and Development Services and Craig Griesbach, Building Ofl•icial) Council Action Requested: Direct staff to develop and participate in a community outreach program, establish an American with Disabilities (ADA) Ad hoc committee and create opportunities to improve communication between developers, contractors, designers and the business community relating to ADA regulations and enforcement. 18. TARGETED EMPLOYMENT AREA FOR ENTERPRISE ZONE DESIGNATION -staff report The Council may review and consider declaring the new Targeted Employment Area for the purpose of establishing a Targeted Employment Area as required by the Enterprise Zone Act of 9998 and the State of California's Department of Housing and Community Development's Memorandum No. 12-03. (Pat Clark, Director of Business Assistance and Housing Development) Council Action Requested: Adopt Resolution No. 8034 - A RESOLUTION OF THE OROVILLE CITY COUNCIL DECLARING THE TARGETED EMPLOYMENT AREA FOR THE PURPOSE OF ESTABLISHING A NEW TARGETED EMPLOYMENT AREA AS REQUIRED BY THE ENTERPRISE ZONE ACT OF 1996 AND THE STATE OF CALIFORNIA DEPARTMENT HOUSING AND COMMUNITY DEVELOPMENT'S MEMORANDUM NO. 12»fl3. 19. AMENDMENT TO FUNDING AGREEMENT WITH THE STATE OF CALIFORNIA WATER RESOURCES DEPARTMENT RELATING TO THE LOCAL LEVEE ASSISTANCE PROGRAM GRANT -staff report The Council may consider an amendment to the Local Levee Assistance Program Funding Agreement with the State Department of Water Resources to extend the grant term to complete the work. (Ant da Rasa, Director of Public Works and Rick Walls, Senior Engineer} Council Action Requested: Adopt Resolution No. 8035 - A RESOLUTION OF THE OROViLLE CITY COUNCILAUTHORIZINGAND D[RECTINGTHE MAYOR TO EXECUTE AN AMENDMENTTO FUNDING AGREEMENT NO. 4600008840 WITH THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR THE CITY'S LEVEE INVESTIGATION TO EXTEND THE AGREEMENT THROUGH NO LATER THAN DECEMBER 31, 2013 - (Agreement No. 2010-1 j. 24. PROFE551ONAL SERVICES AGREEMENT WITW ROY L. HASTINGS & ASSOCIATES, LLC -staff report The Council may consider a Professional Services Agreement with Roy L. Hastings & Associates, LLC, in the amount of $24,000, for Labor S#andards Monitoring Services relating to the Oroville Fire Department -` - -Renovation Project artd~tire repairs~and°maintenarice to the~Chinese TEmple-Museum= -------- - ---- The Council may also consider appointing Pat Clark, Director of Business Assistance and Housing Development, as the Labor Standards Compliance OfficerlCoordinator for the Program Income Waiver Projects. (Pat Clark, Director of Business Assistance and Housing Development) Council Action Requested: Adopt Resolution No. 8036 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ROY L. HASTINGS, LLC, IN THE AMOUNT OF $24,ODD, FOR LABOR STANDARDS MONITORING SERVICES RELATING TO THE OROVILLE FIRE DEPARTMENT REMODEL PROJECT AND THE REPAIRS AND UPGRADES TO THE CHINESE TEMPLE MUSEUM- (Agreement No. 3003 and Agreement No. 3004}. February 19, 2093 ~ 5:00 p.m. Orov!!!e C!!y Counci! Meefing -Agenda Page 6 of 9 2. Adopt Resolution No. 8037 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING THE APPOINTMENT OF PAT CLARK, DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES, AS THE LABOR COMPLIANCE OFFICERICOORDINATOR FOR PROGRAM INCOME WAIVER PROJECTS. 21. FEE PAYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND PETALUMA ECUMENICAL PROPERTIES -staff report The Council will consider an Agreement with Petaluma Ecumenical Properties to secure the payment of fees refaced co the PEP Housing Project to be constructed at 1519 Robinson Street. (Donald Rust, Director of Planning and Development Services, Craig Griesbach, Building Official and Scott Huber, City Attorney} Council Action Requested: Adopt Resolution No. 8038 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF OROVILLE AND PETALUMA ECUMENICAL PROPERTIES FOR THE COLLECTION OF FEES AND CHARGES - {Agreement Na. 3005). 22. .AGREEMENT WITH HOLT CONSTRUCTION FOR THE OROVILLE FIRE DEPARTMENT RENOVATION PROJECT -staff report The Council may consider an Agreement with the lowest responsible bidder, Holt Construction, in the amount of $198,570, far the Oroville Fire Department Renovation Project. (Pat Clark, Director of Business Assistance and Housing Development) Council Action Requested: 1. Adopt Resolution No. 8039 -- A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LOWEST RESPONSIBLE BIDDER, HOLT CONSTRUCTION, IN THE AMOUNT OF $198,570, FOR THE OROVILLE FIRE DEPARTMENT RENOVATION PROJECT - (Agreement No. 3006}. 2. Authorize a 10% contingency, not to exceed $19,857, for the Oroville Fire Department Renovation Project. 3. Approve Supplemental Appropriation No. 2012113-XXXX-XX as indicated in the February 19, 2013 staff report. 23.~ - PRELiIYINARY;I3UDGIcTDlSCUSSION = ia~IP~UT-FROM COUNGIR~staff rep©rt~ .~-=,°_:~ ~:- ~ <_. , .....:: The Council may considergiving the Interim CityAdininistratorinput into the budget process, priorto starting the 2013174 budget process. (Peter Cosentini, Interim City Administrator} Council Action Requested: The Interim City Administrator recommends that the Council give input to staff on different budget options that they would like to see in the budget process. 24. DESIGNATION OF A COUNCIL GOAL SETTING WORKSHOP DATE -staff report The Council may consider designating a Council goal setting date. (Peter Cosentini, Interim City Administrator) Council Action Requested: Designate a date for the Council Goal Setting Workshop. February 19, 2093 ~ 5:00 p. m. Oroville City Counci! Meeting -Agenda Page 7 of 9 25. SELECTION OF THE 2013 SAMUEL J. NORRIS AWARD FOR EXCELLENCE RECIPIENT -staff report The Council will select a recipient for the 2093 Samuel J. Norris Award far Excellence. {Peter Cosentini, Interim City Administrator) Council Action Requested: Select a recipient far the 2013 Samuel J. Norris Award for Excellence, to be presented at the State of the City Address on March 1, 2013, at the Southside Community Center. 26. MONTHLY SUMMARY OF INVESTMENTS AND MONTHLY FINANCIAL REPORTS FOR DECEMBER 2092 -reports attached The Council will receive a copy of the Monthly Summary of Investments and the Monthly Financial Reports for December 20'12. (Dime MacMillan, Director of Finance) Council Action Requested: Acknowledge receipt of the December 2012 Monthly Summary of lnvestments and Monthly Financial Reports. StiCCe=SSOR AGENCY -None COUNCIL. ANNOUNCEMENTSICOMMITTEE REPORTS {A verbal report may be given regarding any committee meetings attended.) • Business Assistance and Housing Development Department.- activity report • Fire Department -activity report • Public Works Department -activity report • Planning and Development Services Department -activity report Police Department -activity report Letter from Jirn Moll, President of STAGE, received on February 4, 2093 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 #o the podium, state your name for the record and make your presentation. Presentations are limited to 3 minutes. Under Government Code Section 54954.2, The Council is rohibited from takin action exce t for a brief response by the Council or staff to a statement or question relating to anon-agenda item. February 19, 2073 ~ 5:00 p.m. Oroville Cify Council Meeting -Agenda Page 8 of 9 The Council will hold a Closed Session on the following: Pursuantto Government Code Section 54956.8, the Council will meet with real property negotiators, Peter Cosentini, Interim City Administrator, and Rat Clark, Business Assistance Housing Development Director, concerning the ability of negotiating the purchase of 247 Canyon Highlands Drive, Oroville, CA 95966 {APN: 033-170-fl30 & 033-170-029}. 2. Pursuant to Government Cade section 54956.9(a), the Council will hold the following closed sessions relating to existing Eitigation: a. Ziburtovicz v. City of Oraville, Butte County Superior Court Case No. 154714 b. City of Oroville v. Jonathan Benefield et al; Butte County Superior Court Case Na. 150477 3. Pursuantto Government Cade section 54956.9{b), the Council~will meet with City Attorney, Scott E. Huber, and Interim City Administrator, Peter Cosentini, regarding potential litigation -one case. 4. Pursuantto Government Code section 54957(b}, the Council will meetwith Interim CityAdministrator, Peter Cosentini, and City Attorney, Scott E. Huber, to consider the evaluation of performance related to the following position: Planning and Developmen# Services Director. 5. Pursuantto Government Code Section 54947.6, the Council will conference with Interim City Administrator, Peter Cosentini, and City Attorney Scott E. Huber to discuss labor negotiations regarding the following employee organizations: Oroville Firefighters Association, Oroville Police Officers Association -Sworn, and Oroville Police Officers Association -Non-Sworn. 6. Pursuantto Government Code Section 54957(b), the Council will meet with Acting Interim CityAdministrator, Pat Clark, and City Attorney, Scott E. Huber, to consider the appointment andlor employment rela#ed to the following position: City Administrator. The meeting will be adjourned. A special meeting of the Oroville City Council will be held on Wednesday, February 27, 2013 at 5:00 p.m. at the Centennial Cultural Center, 1931 Arline Rhine Memorial Drive, Oraville. Accommodating Those Individuals with Special Needs- In compliance with the Americans with Disabilities 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 ar participate in our public meetings, please contact the City Clerk at (53D} 538-2535, well in advance of the regular meeting you wish to attend, so that we may male 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, 9735 Montgomery Street, Oroville, California. February 99, 2013 ~ 5:00 p.m. Oroviiie Cify Council Meefing -Agenda Page 9 of 9