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HomeMy WebLinkAboutOro Council agenda 2~~ ~~~•~ OROViLLE CITY COUNCIL Counci! Chambers 1735 Montgomery Street Regular Meeting MARCH 5, 20'~ 3 CLOSED SESSION 5:00 P.M. OPEN SESSION 6:00 P.M. AGENDA Council Members Andoe, Berry, Bunker, Pitman, Simpson, Vice Mayor Wilcox, Mayor dahfineier A Proclamation recogr~ixing March 7'~' - '14~', 2U9$ as the observance of Arbor Day Cele6ratfon. Mayor Dahfrnef$r wilt draw winning raffle ticket for the Canine 8eneflt Program. This is the time the Mayor wilt invite anyone in the audience wishing to address the Council on a matter that is on the agenda to state your name and tfte 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 #or the retard, and make your presentation or ask questions regarding the agenda item. Following your remarks, Council andlor staff may respond to your comments or questions. Presentations are ifmited to three minu~tss per person. Under Government Code Section 54954.3 the time allotted far presentations may be limited_ March 5, 2093 ~ 5:00 p.m. Oroville City Caunci! Nesting -Agenda Page 9 of 8 1. APPRDVAL OF THE MINUTES OF THE FEBRUARY 19, 2013 REGULAR MEETING OF THE OROViLLE CITY COUNCIL -minutes attached. 2. TRANSFER FUNDING FOR AUTHORIZED PURCHASE OF STREET SIGNS FROM GAS TAX FUND - staff report The Council may consider transferring $3,533 from the Gas Tax Fund to file General Fund, to pay for the authorized purchase of street signs. (Art da Rosa, Director of Public Warics} Council Action Requested: 1. Authorize the transfer of 53,533 from the Gas Tax Fund to the General Fund. 2. Approve supplemental appropriation No. 2012113-0313-026 as indicated in the fiscal impact of this stafF report, dated March S, 2013. 3. DISPOSAL 4F SURPLUS PROPERTY -staff report The Council may consider the disposal ofi items listed on the Surplus Property List. (Diane MacMillan, Director of Finance and Tyson Pardee, IT Manager} Gauncii Action Requested: Declare the items fisted as surplus and authorize the items to be added to the Surplus Property List and disposed of. 4. BUDGET CARRYOVER OF GENERAL FUNDIOTHER FUNDSICAPITAL PROJECTS AND GRANTS FROM FISCAL YEAR 2011112 TO 2012113 ~-staff repdrt The Council may consider approving a supplemental appropriation to carryover the balances of General FundlOther FundslCapital projects and grant i~udget appropriations from fiscal year 2p11/12 to 2092113_ jDiane MacMillan, Director of Finance and Pat Clark, Director of Business Assistance and Housing Development} Council Action Requested: Approve Supplemental Appropriation No.2012113-0313-24 as indicated in the March 5, 2013 staff report. 5. MODIFICATIONS TO THE LEASE TO PURCHASE PROGRAM GUIDELIN#MS -staff report The Council may consider authorizing modifications to the Lease to Purchase. Program guidelines. _(Pat Clartr; ~Diructoir of Busiiies$ Ass~tance andlioiusing ~3e~i®IopmenE} ~ ~~ Council Action Requested: Authorize the modifications to the Lease to Purchase Program guidelines. 6. REVISION OF FIRE FEE SCHEDULE -~ staff report The Cauncii may consider directing the lire Chief to work with the City Administrator, City Attorney and Finance Director to detem~ine actual costs to provide services detailed in section C of the Fire fee Ordinance and to report back fo Council with recommended revisions. {Charles Hurley, Fire Chtef) Council Action Requested: Authorize the fire Chief to work with the City Administrator, City Attorney and Finance Director to develop recommendation$fnr amending section C of the Fire Department Fee Schedule Ordinance. March 5, 2093 ~ 5:00 p.m. Oroville City Council Meeting -Agenda Page 2 of 8 7. SUPPLEMENTAL BUDGET APPROPRIATION FOR REPLACEMENT OF NATIONAL FIRE INCIDENT REPORTING SYSTEM AND DISPATCH CAD INTERFACE SOFTWARE -staff report (Charles Hurley, Fire Chie#] The Councii will consider authorizing a Supplements! Budget Appropriation #or the Fire Department in the amount of $8,376; far the purchase of National Fire Incident Reporting System and Dispatch CAD Interface Software; see attached worksheet far a compiete cost breakdown. Council Action Requested: 1. Authorize the purchase and installation of the Emergency Reporting and CAD interface software programs. 2. Approve Supplemental Approprlation No. 2012113-0313-25 as indicated In theta impact of this staff report, dated March 5, 2413. 8. AMENDMENT TO THE AGREEMENT WITH HOLT CONSTRUCTION, lNC -- staff report The Councii may consider an amendment to the Agreement with Holt Construction, Inc. in the amount of $5,700, for materials and performance bond forthe Orovilie Fire Department Renovation Projeck (Pat Claris, Direr#or of Business Assistance and Housing Development} Councii Action Requested: 7. Adapt Resolution No. 8039 -- A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH HOLT CONSTRUCTION, INC FOR THE OROVILLE FIRE DEPARTMENT RENOVATION PROJECT, IN THE AMOUNT OF $5,700 - (Agreement No. 3006-1 ]. 2. Approve Suppiemental Appropriation No. 2472113-0313-28 as indicated in the March 5, 2013 staff report. 9. ADMINISTRATIVE APPEAL _ AMENDMENT TO AN EXISTING USE PERMIT (UP 43-49) TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES -staff report The Councii will conduct a public hearing continued from the February 25, 2(313 Planning Commission mee#ing, to consider amending an existing Use Pemnit No. 03-09 to reduce the number of required parking spaces from 14 to 19. (Scott Huger, Clty Attorney and Donald Rust, Director of Planning and Development Services) Councii Action Requested: Adopt Resolution No..8447 - A RESOl..UTI®Id OF .THE .OROVILLE; CITY COUNCIL APPROVING THE ADMINISTRATNE APPEAL AND THE UNDERLYING PLANNING COMMISSION REQUEST TO HAVE THE CITY COUNCIL MAKE THE DETERMINATION OF THE AMENDMENT TO AN EXISTING USE PERMIT (UP 03-09) TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES FROM 1b TO 19, AS SHOWN ON THE SITE PLAN, AT THE BOSS BURGER RESTRUANT LOCATED AT 2482 MONTGOMERY STREET, OROVILLE (APN 412-041-002). 10. PETITION FOR FORMAL RECOGNITION OF THE OROVILLE CITY CONFIDENTIAL ASSOCIATION - staff report The Council may consider approving the request for a petition for formal recognition of the formation of the Oro~ille City Confdential Association. (Peter Cosentinl, Interim City Administra#or) Council Action Requested: Adopt Resolution No. 8042 - A RESOLUTION OF THE OROVILLE CITY COUNGIL APPROVING THE PETITION FOR FORMAL RECOGNITION OF THE OROVILLE CITY March 5, 2013 -- 5:00 p.m. Oroville City Council Meeting ~-Agenda Page 3 of 8 CONFIDENTIAL ASSOCIATION EMPLOYEE ORGANIZATION FOR THE PURPOSE OF MEETING AND CONFERING WITH THE CITY OF OROVILLE REGARDING WAGES, HOURS AND OTHER TERMS AND ~~ ~~'. ~1 CONDITIONS OF EMPLOYMENT. `~ ._ %' 11. AUTHORIZATION Ta ASSUME PROPERTY LOCATED AT 247' CANYON HIGHLANDS DRIVE -staff report The Council may consider authorizing the City of Oroville to assume tl,e property tocated at 247 Canyon Highlands Drive. teat Clark, Director of Business Assistance and Housing Development) Council Action Requested: 1. Approve supplemental appropriation No. 2d1?J73-0313-27 as indicated in the fiscal impact of this staff report, dated March 5, 2013. 2. Adopt Resolution No. 8043 _ A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING THE CITY TO ASSUME PROPERTY LOCATED AT 247 CANYON HIGHLANDS DRIVE, OROVILLE (APN.d33-X170-d3d.& X33-1~0-02.9~ FRpIIA:~VELYN.NEWCOMBF,OR THE PAYOFF AMOUNT OF THE CURRENT PRIMARY LOAN WHICH IS APPROXIMATELY $128,532 AND PAY TITLE AND EXCROW FEES IN THE AMOUNT OF 51,059. 12. FINAL GRANTEE PERFORMANCE AND CLOSEOUT REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT N0.09-~STBG-6424 -staff report The Council will conduct a public hearing relating to the performance and the final accomplisBments of Community Development Block Grant No. 09-STBG-5424 and program income associated with the grant and may consider accepting the closeout report far the activities and programs associated with the grant that expired on December 31, 20'E 2. (Pat Clark, Director of Business Assistance and Housing Development} Council Action Requested: Accept the closeout report for the activities and programs associated with Community Development Bloch Grant No. 09-STBG-6424 which expired on December 31, 2012. 13. AMENDMENT TO THE MUNICiPAi_ CODE RELATING TO THE USE, SALE AND DISTRIBUTION OF TOBACCO AND OTHER NICOTINE RELATED SUBSTANCES AND PRODUCTS AND THE ESTABLISHMENT AND LOCATION OF SMOKE SHOPS- staff report The Council wilt conduct a public Bearing and may consider an amendment to the Orovilie Municipal Code of the City of Oroville adding Chapter 12A and amending Chapter 28 and '14relating to the use,~~safe and distribution of tobacco 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) Council Action Requested: Waive the first reading and introduce by tiffs only, Ordinance Na 1794--AN ORDINANCE OF THE OROVILLE CITY COUNCIL ADDING CHAPTER 12A TO THE CODE OF THE CITY OF OROVILLE AND AMENDING CHAPTER 26 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. 14. AMENDMENT' TO THE OROVILLE MUNICIPAL CODE TO ALLOW COTTAGE FOOD OPERATIONS - staff report Ma-~ch 5, 2013 ~ 5:Q0 p_m: Omvi!!e City Council Meeting _ Agenda Page 4 of 8 The Council will conduct a public hearing and may consider amending Chapter 26 of the Oroville Municipal Code by adding section 26-iS.210 and amending section 26-E}~.020 for the purpose of specifying City regulations regarding cottage food operations. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Plannery Council Action Requested: Waive the first reading and Introduce by title only, Ordinance No. 7785 -AN ORDINANCE OF THE OROVILLE CITY COUNCIL ADDING CHAPTER 26 SECTION 46.210 AND AMENDING CHAPTER 2fi SECTION 04.020 TO THE CODE OF THE CITY OF OROViLLE IFOR THE PURPOSE OF SPECIFYING THE CITY'S REGULATIONS REGARDING COTTAGE FOOD PREPARATIONS. 15. ZC 73-01: SIGN CODE AMENDMENTS -staff report The Council Wilk consider amending Chapter 26, Section 19 of the Oroviile Municipak Code relating to the City's sign regulations. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Plann®r) _.,~., ,._ -:Council-Action-Requested: Waive the#irst readi~ig and introduce bjl'titieariiy; Or~Clinaiic~`No. ~f796-AN ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING_ CHAPTER 2fi, TABLES 26-19.720-1, 2fi- 15.120-2, 26-19.1203, 2fi-19.130-1, AND 2fi-99.140-1 OF THE CODE OF THE CITY OF OROVILLE AND AMENDING SECTION 26-19.070 AND 2$-18.160 RELATING TO THE CITY'S SIGN REGULATIONS. 1fi. CALIFORNIA ENVIRONMENTAL QUALITY ACT STREAMLINING PURSUANT TO SENATE BILL 226 CASE STUDY -staff report The Council will receive a report and may provide direction regarding the participation in a case study related to California Environmental Quality Act streamlining pursuant to Senate Bill 226. (Donald Rust, Director of Planning and Development Services) Council Action Requested; Direct staff to coordinate the California Environmental Quality Act streamlining case study project with the Office of Planning and Research pursuantto Senate Biil 226 and periodically update the Council on the project status. 17. SURPLUS AND DONATION OF RUBBER FLOOR MATTING -staff report The Council may consider the surplus and donation of rubber floor matting to the Father's House for the newly created fitness facility located in the former Emporio Building located at 2120 Bird Street, Oroville. . (Charies~H~i~ley. Fi~'e"Chief} .. _ ~ ... Council Action Requested: Council to give direction to staff on the authorizing of the surplus and donativn of rubber floor matting to the Father's House for the newly created fitness facility located in the former Emporio Building located at 2720 Bird Street, Oroville. 18. SUSTAINABLE CODE UPDATE AND CLIMATE ACTION PLAN REQUEST FOR PROPOSALS PROCESS RESULT5 --staff report The Council may select a consultant recommended by the Executive Committee as sekected through the City's Request for Proposals process to conduct services for the City's Sustainable Code Update and Climate Action plan Grant Award. (Donald Rust, Director of Planning and Development Services and Miltah Salsi, Program Specialist} March 5, 2093 -- 5:00 p.m. Oroville City Council Meeting -Agenda Page 5 of 8 Council Action Requested: Adopt Resolution No. 8044 A RESOLUTION Of THE OROVILLE CITY COUNGIL AUTHORIZING AND DIRECTING THE INTERIM CITY ADM1NlSTRATOR TO ENTER INTO AN (.~. AGREEMENT WITH THE PLANNING CENTER DC&~E FOR AN AMOUNT NOT TO EXCEED ~299,OOt1 TO PREPARE DOCUMENTS FOR THE SUSTAINABLE CODE UPDATE AND CLIMATE ACTION PLAN. 1S. TERMINATION OF LEASE AGREEMENT WITH KIWANIS CLUB OF OROVILLE -staff report The Council may consider terminating the Lease Agreement with the ICiwanis Club of Orovilie for the property located at 2363 S. 5'~ Avenue, Orovi!!e. {Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner) Council Action Requested: Direct staff to draft a letter to give notice to the Kiwanis Ciub of Oroviile #hat the City will be terminating the Lease Agreement, in approximately 9-months {November 2013}, for the property located at 23fi3 South !5"' Avenue as established under the conditions of the Lease Agreement. 20. MOD1FlCATION OF THE BYLAWS FOR THE CITY OF OROVILLE MUSEUM AND CULTURAL FACiI.iTIES FOUNDATION -staff report - The Council may consider a modification to the bylaws for the City's Museum and Cultural Facilities Foundation. (Peter Cosentini, Interim City Administrator and Scott Huber, City Attorney) Council Action Requested: 7. Review the bylaws of the City of Orovilie Museum and Cultural Facilities Foundation and approve modifications to the bylaws, if any. 2. Provide direction to staff related to advertising for individuals to apply as Directors of the City of Oraville Museum and Cultural Facilities Foundation. 21, INVENTORY OF CITY AND OROVILLE SUCCESSOR AGENCY OWNED PROPERTIES -staff report The Council will review an inventory of City and Oroviiie Successor Agency owned properties and provide comments andior direction regarding the potential sale of any properties lis#ed an the inventory list. {Donald Rust, Director of Planning and Development Services and Art da Rasa, Director of Public Works} Council Action Requested: Review the inventory list of City and Oroville Successor Agency owned properties and provide direction to staff relating to the sale of any properties on the inventory list. .. ,: 22. NON-FORECLOSURE OF SUCCESSOR AGENCY OWNED PROPERTIES LOCATED AT 1845 BRIDGE STREET AND 2 LA CRESENTA DRIVE -staff report The Council may consider the non-foreclosure of Successor Agency {former Oraville Redevelopment Agency) interest on properties located at 1845 Bridge Street, Oroville and 2 l-a Cresenta Drive, OrovilEe, which are not financially feasible for the Successor Agency to cure the underlying first loan mortgage defaults and payoffs of the first mortgage loans. (Pat Clark, Director of Business Assistance and Housing Development) Council Action Requested: Authorize the non-foreclosure of Successor Agency loan interests on properties located a# 184b Bridge Street (APN 013-084-001} and 2 La Cresenta Drive (APN 031-085- 01.4). March 5, 2093 ~ 5:00 p. m. Oroville City Council Meeting -Agenda Page 6 of $ COUNCIL ANNOUNCEMENTSICOMMITTEE REPORTS {A verbal report may be given regarding any committee meetings attended.) CITY A©MINISTRATOf12! A©M~NIiSTRATION REPORTS -None * Letter from Ben Clark, California State Old Time Fiddler's Association, received February 27, 2013 • Letter from Ronda Brunson, Planning Commissioner, received February 27, 2013 This is the time the Mayorwill invite anyone in the autfience wishing to address the Council an a matter not listed on the agenda to step to the podium, state your name far the record and make your presentation. Presentations are 5mrte to 3 minutes. nder ovemment Code Section 54954.2, The Council is prohibited fro ,., ' , , ,,,,, ,,,,,,m takingaction except for a brief response by the Council or staff to a statement or question relatin to anon-agenda item. The Council will hold a Closed Session on the following: 1. Pursuant to Government Code Section 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 Firefigh#efs Association and Oroville Police Officers Association - Swom. 2. Pursuant to Gavemment Code section 54956.9(a), the Council will hold the following closed sessions relating to existing litigation: a. Ziburtovicz v. City of Oroville, 13u#te County Superior Court Case No. 154714. b. City of Oroville v. Jonothan Benefield et al; Butte County Superior Court Case No. 150477 c. Douglas and Erika Wenzel v. City of Orovilfe, et al.; Butte County Superior Court Case Na. 157376 d. WGS Dental Complex, et al. v. City of OrovilEe, et al.; Butte County Superior Court Case Nos. 152036 and 15340$ 3. Pursuant to Government Cade 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. 4. Pursuant to Gavemment Code Section 54956.8, the Council will meet with Real Properly Negotiators {City Attomey, Scott E. Muber, and Interim City Administrator, Peter Cosentini), regarding the property identified as APN No. 012-035-005. 5. Pursuant to Gavemment Code Section 54957(b}, the Council wil! meet with Acting Interim City Administrator, Pat Clark, and City Attomey, Scott E. Wuber, to consider the appointment and/or employment related to the following position: City Administrator. March 5, 2093 ~. 5:00 p.m. '3roville City Cou~ci! Meeting -Agenda Page 7 of 8 The meeting will be ad~oumed. A regular meeting o€ the Oroville City Council will be held an Tuesday, March 19, 2015 at 5:00 p.tn. AcaommodatYng Those !ndlviduals wltf'i Specla! Needs - in coTnpliaAce with the Americans with Lltsabtifties Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. if you have a special need in arderta ailowyouto attend or participate in our public meetings, please contact the City Cleric at (536) 538-2535, well in advance of the regular meeting you wish to attend, sa that w+a maymake every reasanabie efforttp accommodate you. Documents distributed for public session llama, less than 72 hours prior to meeting, are available for public Inspection at GiEy Hail, 7735 Montgomery S#reet, Oroville, Califomla. March 5, 2093 ~ 5:00 p.m. Oroville City Council Meeting -Agenda Page 8 of 8