HomeMy WebLinkAboutOroville City Council AgendaOROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Regular Meeting
DECEMBER 20, 20'11
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
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Persons may address the Council oi~ items which are not listed on #his agenda. Please complete a PuE~lic
Participa#ion Form and presen# it to the City Clerk prior to the start of the meeting. The Mayor will invite persons to
speak in the order in which the Participa#ion Forms are presented to the City Clerk. Presentations are limited to
three minutes per person. The Brown Act, with certain exceptions, does nat permit the City Council to discuss or
take action on the issues which are not listed on the agenda.
PROCLAMATION !PRESENTATION
A Proclamation in recognition and appreciation of Kathy Neal's Creative Arts Centre.
A New Business Acknowledgemerafond Welcome fo Oroville for Specialty Merchandise Disfribufers.
A New Business Acknowledgement and Welcome to Oroville for Christine Marie's.
December 20, 2071 - 5:00 p.m. Orovi!!e Cify Council Meeting -Agenda Page 7 of 8
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5. INVESTMENT POLICY ADOPTION FOR 2012 -staff report
The Council will consider adopting the Investment Policy for the City of Oroville for 2012. (Karolyn
Fairbanks, City Treasurer)
Council Action Requested: Adopt Resolution No. 7832 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING THE ADOPTION OF AN INVESTMENT POLICY FOR THE CITY OF OROVILLE
FOR 2012.
6. ENGINEERING FEE WAIVER MODIFICATION RE4UEST BY R & H LEASING COMPANY, INC. - s#aff
report
The Council will consider an engineering fee modification request by R & H Leasing Company, Inc., in the
amount of $765.84, to merge two lots along Feather River Boulevard. (Art da Rosa, Director of Public
Works)
Council Action Requested: Approve the Engineering fee waiver modification request by R & H Leasing
Company, Inc. in the amount of $765.84, to merge two lots a€ong Feather River Boulevard.
7. AMENDMENTTO THE CITY OF OROVILLE PERSONNEL RULES AND REGULATIONS SECTION 10.2 -
VACAT[ON -staff report
The Council will consider an Amendment to the City of Oroville Personnel Rules and Regulations, section
10.2 -Vacation, to allow employees to use their accrued vacation leave at six (6) months after the date of
hire instead of at twelve (12) months currently allowed. (G. Harold Duffey, City Administrator and Liz
Ehrenstrom, Human Resource Analyst ll)
Counci! Action Requested: Adopt Resolution No. 7833 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL APPROVING THE AMENDMENT TO THE CITY OF OROVILLE PERSONNEL RULES AND
REGULATIONS SECTION 10.2 -VACATION.
REQUI=ST FOR BIDS FOR SELF COMTAINED BREATHING APPARATUS CYLINDERS WITH
VALVE FOR TWE OROVILLE FIRE DEPARTMENT -staff report
The Council will consider approving a Request for Bids forself contained breathing apparatus cylinders with
valve for the Oroville Fire I]epartment. (Charles Burley, Fire Chief)
Council Action Requested: Approve the Request for Bids and authorize staffto publish the Request for
Bids on the City's website, be legally advertised, and mailed to interested parties.
PUBLIC HEARINGS ~ ~ `` ~ ~~
9. AMENDMENT TO THE OROVILLE ZONING CODE TO SET MINIMUM STANDARDS FOR SOLAR
ENERGY FACILITIES -staff report
The Council will conduct a public hearing to consider a Zoning Code Amendment sefting the minimum
standards within the City of Orovil[e for solar energy facilities. (Donald Rust, Direc#or of Planning and
Development Services and Mikah Salsi, Assistant Planner)
Council Action Requested: Waive the first reading and introduce by title only, Ordinance No.1784-AN
ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING THE OROVILLE ZONING CODE BY
ADDING SECTION 26-16.180 REGARDING 50LAR ENERGY FACILITIES.
December 20, 2011- 5:00 p. m. Oroville Cify Council Meeting -Agenda Page 3 of 8
14. ESTABLISHMENT OF A FOUNDATION FOR THE BENEFIT OF THE CITY'S MUSEUMS AND
CULTURAL FACILITIES -- staff report
The Council will consider the establishment of a foundation for the benefit of the City's museums and cultural
facilities. (G. Harold Duffey, City Administrator and Scott Huber, City Attorney)
Council Action Requested: Authorize the City Administrator to execute the necessary documentation
for the establishment of the City of Oroville Museum and Cultural Facility Foundation and approve its
bylaws.
15. AGREEMENT WITH MICHELS PIPELINE CONSTRUCTION FOR THE 2011 SANITARY SEWER SLIP
LINE PROJECT -staff report
The Council will consider an Agreementwith the lowesk responsible bidder, Michels Pipeline Construction, in
the amount of $749,556 for the 2011 Sanitary Sewer Slip Line Project. (Art da Rosa, Director of Public
Council Action Requested:
- 1. Adopt Resolution No. 7837 - A RESOLUTION OF THE DROVILLE CITY COUNCIL
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
LOWEST RESPONSIBLE BIDDER, MICHELS PIPELINE CONSTRUCTION, FOR THE 2011
SANITARY SEWER SLIP LINE PROJECT, 1N THE AMOUNT OF $749,556 - (Agreement No.
2039).
2. Authorize a 5% contingency, not to exceed $37,478, far the 2011 Sanitary Sewer Slip Line
Project.
1f. AGREEMENT WITH FOOTHILL FIRE PROTECTION, INC. FOR FIRE SPRINKLER SYSTEMS AT CITY
HALL AND THE TABLE MOUNTAIN GOLF COURSE CLUBHOUSE -staff report
The Council will consider an Agreement with the lowest responsible bidder, Foothill Fire Protection, Inc., in
the amount of $103,535, forthe installation of fire sprinkler systems at City Hall and the Table Mountain Golf
Course Clubhouse. (Art da Rosa, Director of Public Works)
Council Action Requested:
1. Adopt Restitution Nq. 7838 -- A RESOLUTION OF THE OROVILLE C1TY COUNCIL
AUTHORIZING AND DIRECTING THB MAYOR TO EXECUTE AN AGREEMENT WITH
FOOTHILL FIRE PROTECTION, INC. IN THE AMOUNT OF $103,535, FOR THE 1N5TALLATION
OF FIRE SPRINKLER SYSTEMS AT C17Y HALL. AND THE TABLE MOUNTAIN GOLF COURSE
CLUBHOUSE - (Agreement No. 2040).
2. Approve a 10% contingency not to exceed $10,354.
3. Approve Supplemental Appropriation No. 2011112-1211-32 as indicted in this Staff Report,
dated December 20, 2011.
17. AGREEMENT WITH THE NORTHWEST SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS
FOR ANIMAL CONTROL SERVICES AND BOARDING -staff repor#
The Council will consider an Agreement with the Northwest Society for the Prevention of Cruelty to Animals
(SPCA) for animal control services and boarding. (Bill La Grone, Chief.af Police and G. Harold Duffey,
City Administrator)
December 20, 2091 - 5:00 p.m. Oroville City Council Meeting --Agenda Page 5 of 8
The Council will receive a progress update regarding the Youth Build Basketball Court Construction Project.
(Brian Frenger, Code and Construction Compliance Specialist and Amy Bergstrand, Management
Analyst II)
Council Action Requested: None.
23. MONTHLY SUMMARY OF INVESTMENTS AND MONTHLY FINANCIAL REPORTS FOR SEPTEMBER
AND OCTOBER 2014 -- reports attached
The Council received a copy of the Monthly Summary of Investments and the Monthly Financial Reports
for September 20i 1 and October 2011. (Diane MacMillan, Director of Finance)
Council Action Requested: Acknowledge receipt of the September 2011 and October 2011 Monthly
Summary of Investments and the September 2011 and October 2011 Monthly Financial Reports.
COUNCIL ANNOUNCEMENTSICOMMITTEE REPORTS (A verbal report may be given regarding any
committee meetings attended.}
Municipal Auditorium Public Workshops
Butte Coun Association of Governments (BCAG
Butte County Air Quality Management District
Chamber of Commerce
Public Works Department --activity report
• Planning and Development Services Department - activity report
Business Assistance and Housing Development Department -activity report
• Police Department -activity report
• Fire Department -activity report
Edward & Patti Connoy, dated December 6, 2011
This is the time the Mayor will 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. Under Government Code 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.
December 2t?, 2Q91 - 5:00 p.m. Droville Cify Council Meeting -.Agenda Page 7 of 8
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Mo hannam, Kathleen
From: Moghannam, Kathleen
Sent: Wednesday, December 21, 2011 4:16 PM
Ta: BOS
Cc: Hahn, Paul
Subject: FW: 5RA Fee comments -Butte County
Attachments: OAL Letter 11-19-11.pdf; sra fee process.pdf
Board members-
The attached letter from the State's Office of Administrative Law (OAL) was received on December 19, 2011. The Fetter
firom OAL is a notice that the comments sent by Butte County by regular mail "did not arrive within five calendar days
after receipt of the regulation filing."
However, both a faxed copy and a scanned copy of the Comments sent by email were submitted to the OAL within the
required timeframe. The original email sent to the OAL on Monday December 5t" is below. The above pdf entitled "sra
fee process" was the attachment in the original email.
All of the attached will be included in the board correspondence record. Let me know if you have arty questions.
Thanks,
Kathleen Moghannam
Assistant Clerk of the Board
Butte County Administration
25 County Center Drive, Suite 200
Oroville, CA 95965
530-538-7643
Frorn: Pickett, Andy
Sent: Monday, December 05, 201.1 3:58 PM
To: 'staff@oal.ca.gov`
Cc: 'board.public.comments@fire.ca.gov'; Lambert, Steve; Yamaguchi, Kim
Subject: SRA Fee comments -Butte County
See attached letter. Also sent by fax and mail.
Andy Pickett
Deputy Administrative Officer
County of Butte
530,538.7052
"COUNTY OF QUTTC E-MAIL DISCLAIMER: This e-mail and any attachment thereto may contain private. cpniidential, and privileged material fqr the sale use of
the intended recipient. Any eevievr. copying, or distribution of this a-mait (or any attacl3ments thereio) by other than the County of Sutte or the intended recipient is
strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanentty delete the origina€ and any copies of this a-mail
and any a#tachments thereto."
CC', BOS,~fo/P~~~*t
1 ;,~~.
STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor
OFFICE OF ADMINISTRATIVE LAW
300 Capitol Mall, Suite 1250
Sacramento, CA 95894
(916) 323-6225 FAX {916) 323.6826
DEBRA M. CORNEZ
Acting Director
December 14, 2011
Steve Lambert, Chair
Butte County Board of Supervisors
25 County Center Drive, Suite 200
Oroville, CA 95965
Dear Mr. Lambert:
~' ~
F ~
BOARp pFg~PERV130FtS
DEC i 9 ~Uf~
O~OVILLE, CALlfiORHlA
Thank you for your recent comment concerning the emergency regulation submitted to
the Office of Administrative Law ("OAL") by the California Department of Forestry and
Fire Protection (CDF).
When we receive comments on emergency regulations, we make careful note of when
the comments arrive here. Of course OAL cannot consider comments received after
OAL has already acted ,upon the emergency regulation, but, in addition, OAL is
forbidden by law from considering comments which do not arrive within fiive calendar
days afl:er receipt of the regulation filing. (Title 1, Caiifornia Code of Regulations
section 55(b)(2).) We regret to inform you that your comment was not received during
that time period. Thus, we cannot consider your comment and we are required to
return it to you. (Title 1, California Code of Regulations, section 55(c}.)
We encourage you to re-submit this comment to the CDF during the 45-day public
comment period which precedes permanent adoption of the regulation. (If you do this,
your views wil! be considered, not only by the adopting agency, but also by OAL when
we later receive ,the permanent regulation filing.) For information on the precise
deadline for receipt of comments on the permanent regulation contact Eric Huff,
Regulations Coordinator, at (916) 653-8031.
By this fetter I am returning your comment.
Sincerely,
Belinda Hernandez .: .
Administrative Assistant
BOARD OF SUPERVISORS
ADMINISTRATION CENTER
25 COUNTY CENTER DRIVE, SUITE 200 - OROVILLE, CALIFORNIA 95965
TELEPHONE: (530) 538-763
;! '1l~/
BILL CONNELLY
First District
LARRY WAHL
Second District
MAUREEN KIRK, Uce Chair
Third ^EStrICt
STEVE LAMBERT, Chair
Fourth District
KIM K. YAMAGUCH]
Fifth District
December 5, 2011
OAL Reference Attorney
California Office of Administrative Law
300 Capitol Mall, Suite ~ 250
Sacramento, CA 95814
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RE: SRA Fee Regulations - 14 CCR, Ch. 13 § 1665 ~~, n
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To Wham It May Concern: ~a ~:_
On behalf of the Butte County Board of Supervisors I am writing to object tohe va~dity of
the emergency regulation currently under OAL review for the adoption of th~tate~-
Responsibility Area Fire Prevention Benefit Fees.
The California Board of Forestry and Fire Protection {Board) has already adopted
emergency regulations, as required in AB 29X (B[umenfield). The Board held a special
session on August 22, 2011 to consider the regulations and allowed the public time to
review and comment.
Subsequent to adopting the emergency regulations, however, the Board of Forestry and
Fire Protection did not submit them to your office for approval. Instead, the Board held the
regulations for three months.
In November, the Board of Forestry and Fire Protection adopted new emergency
regulations with inadequate opportunity for public comment. The new language was posted
two days before the Board adopted the regulations, and no notice was sent to
stakeholders. By so doing, the Board of Forestry and Fire Protection made it difficult for the
public to provide meaningful input.
The Butte County Board of Supervisors requests the Office of Administrative Law
disapprove the proposed SRA Fee Rules based on the absence of an emergency. If a
situation existed that clearly posed an immediate and serious harm, as is required to exist
in order to adopt emergency regulations, the Board of Forestry and Fire Protection could
have proceeded nearly three months earlier.
The Butte County Board of Supervisors ask that the proposed SRA Fee be subject to a
more transparent and reasonable vetting process, which includes extensive public notice,
as well as sufficient time for stakeholders to provide meaningful input.
Sincerely,
~~
Steve Lambert
Chair, Butte County Board of Supervisors
cc: Members, Butte County Board of Supervisors
The Honorable Governor Jerry Brown
The Honorable Senator Doug La Malfa
The Honorable Assemblyman Jim Nielsen
The Honorable Assemblyman Dan Logue
Ms. Ana Matosantos, Director of the Department of Finance
George Gentry, Executive Officer California Board of Fores#ry and Fire Protection
Chief Ken Pimlott, Director of CAL FIRE
Pau[ Yoder, Shaw Yoder
Karen Keene, California State Association of Counties
Stacy Heaton, Regional Council of Rural Counties
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