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Oroville City Council Regular Meeting Agenda - 8-6-13
t` ~ ~ ~_..-~ a~ D5 oaQ~~`r OROVILLE CITY COUNCIL Counci! Chambers 173.5 Montgomery Street Regular Meeting AUGUST 6, 2013 CLOSED SESSION 4:00 P.M. OPEN SESSION 6:00 P.M. AGENDA Council Members Andoe, Berry, Bunker, Pittman, Simpson, Vice Mayor Wilcox, Mayor Dahlmeier This is the time the Mayorwill invite anyone in the audience wishing to address the Council on a matterthat 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 questions regarding the agenda item. Fallowing your remarks,, Council andlor s#aff may respond to your comments or questions. Presentatiares are limited to three minutes per person. Under Government Code Section 54954.3 the time allotted for presentations may be limited. APPROVAL OF THE MINUTES OF THE JULY 16, 2443 REGULAR MEETING OF THE OROVILLI_ CITY August 8, 2013 ~ 4:Ot? p.m. 4rvville Clfy Counci! Meeting -Agenda Page ~ of 9 COUNCIL -.minutes. attached 2. PROFES.S.iONAL SERVICES AGREEMENT WITH QI~ALITY CODE PUBLISHING -staff report The Council may consider a 'Professional Services Agreement with Quality Code Publishing to provide codification services for the City's Municipal Code, in an amount not to exceed $9,496. (Peter Casentini, Interim City Administrator) Council Action Requested; 1. Adop# Resolution No. 8103 - A RESOLUTION OF' THE OROVILLE CITY COUNCIL AUTh10R1ZING AND :DIRE=C.TING THE .MAYOR TO EXECUTE A PROFESSIONAL SERVICES .AGREEMENT WITH .QUALITY CODE PUBLISHING TO PROVIDE CODIFICATION SERVICES FOR THE CITY'S CODE BOOK, IN AN AMOUNT NOT TO EXCEED $9,49fi - (Agreement No. 3027). 2. .Approve Supplemental Appropriation No. 2018114-0813-05'as Indicated in the staff report, dated August 6; 2013. 3. DECLARATION AND DISPOSAL OF SURPLUS. PROPERTY -staff report The Council may considerthe declaration and disposal ofitems-listed ~?n the Surplus Property List. (Diane MacMillan; Finar;ce `Director and`Tyson Pardee, IT Manager} Council Action Requested: Declare the items listed as surplus and authorize #hatthe items be added to the Surplus Property List and disposed o#: 4. U.S. DEPARTMENT OF JUSTICE ASSET FORFEITURE PROGRAM EQUITABLE SHARING AGREEMENT AND CERTIFICATION -staff report The Council may consider an Equitable Sharing Agreement and Certification authorizing the Orovikle Police Department's participation in the U.S. 17epartment of Justice Asset Forfeiture :Program. (Bill La Grone, Chief of Police} Council Action Requested: Adopt Resolution 8104 - A RESOLUTION OF THE ORtJVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EQtJITABLI= SHARING AGREEMENT AND CERTIFICATION TO PARTICIPATE IN -THE U.S. DEPARTMENT O:F .JUSTICE ASSET FOREFEITURE PROGRAM - (Agreement No. 3028}. 5. MEMORANDUM OF UNDERSTANDING. WITH FREEMO.NT-RIDEOUT HEALTH GROUP -staff report The Council may consider a: Memorandum of Understanding with Freemont-Rideou.t Health group-to provide sexual assault examinations. (Bill La Grone, Chief of Police} Council Action Requested.: Adopt Resolution. No. 8705 - A RE50t~UTION OF THE OROVILLE CITY COUNCIL AUTHORIZING. AND DIRECTING THE ..MAYOR TO EXECUTE A_MI=MORANDIlM 01=. .UNDERSTANDING BETWEEN THE OROVILLE POLICE DEPARTMENT ANI] FREMONT-RIDEOUT HEALTH GROUP FOR SEXUAL. ASSAULT EXAMINTATIOI~t AND THE ASSOCIATED COST FOR THE EXAMINATION, FOR ONE-YEAR (AUGUST 20'I3 - SEPTEMB[=R 2Q74) - (Agreement No. 3029). MEMORANDUM OF UNDERSTANDING WITH RAPE CRISIS -staff report The Councik may consider a Memorandum of Understanding with Rape Crisis, for'ihtervehtion and re.coveryservices to, the victims of rape and other similarsexual assaults. (Bill La Grone, Chief of Police) August t5, 2013 ~ 4:00 p.m. Orovilie City Cauncii Meeting -Agenda Page 2 of 9 Council Action Requested: Adopt Resolution No. $106 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH RAPE CRISIS TO PROVIDE CRISIS INTERVENTION AND RECOVIwR1F 5ERVICE3 TO THE SEJRVIORS OF RAPE FOR THREE YEARS, {SEPTEMBER 2013- OCTOBER 2016} - (Agreement No. 3030}. 7. OROVILLE MUSEUM PASSPORT PROGRAM FOR SCHOOLS -staff report The Counci! may consider an amendment to the Museum Passport Program for use by .area schools. (Donald Rust, Director of Planning and Development Services and Bob Marciniak, Program Specialist} Council Action Requested: Approve the amendment to the Museum Passport Program for use by area schools. $. AMENDMENT TO AGREEMENT WITH THE OROVILLE AREA CHAMBER OF COMMERCE -staff report ` The Council may consider an amendment to the Agreement with the Oroville Area Chamber of Commerce, in,-#he--arnou€~t-of=$ 4 ~,OOU; ~to~~rovtde- assistance =to -the ~~ty -far= mar#ceting ~ar~d-~toarisrn -related activities (Peter Cosentini, Interim City Administrator) Council Action Requested: Adopt Resolution No. $107 -~ A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE OROVILLE AREA CHAMBER OF COMMERCE TO PROVIDE ASSISTANCE TO THE CITY FOR TOURISM RELATED ACTIVITES, IN THE AMOUNT OF $10,000 - [Agreement No. 1412-12). 9. REQUEST FROM UPSTATE COMMUNITY ENHANCEMENT FOUNDATION FOR FUNDING PARTICIPATION IN THE 2013 SALMON FESTNAL -- staff report The Council may consider a funding request in the amount of $3,000, from the Upstate Community Enhancement Foundation Event Coordina#or for the 2013 Annual Oroville Salmon Festival to be head on September 28, 2013. (Peter Cosentini, Interim City Administrator and Bob Marciniak, program Specialist) Council Action Requested: Approve the funding request, in the amount of $3,000, from Upstate Community I=nhancement Foundation for the 2013 Annual Salmon Festival far bus service expenses. 10. MONTHLY PAYMENT PLAN REQUEST FOR USE PERMIT FEES -staff report The Council may consider a request from Sheri D'Angelo, business owner of Bail Bond Connection at 2740 Myers Street, for a monthly payment plan for the $2,822 required to process a use permit. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner) Council Action Requested: Adopt Resolution No. $108 - A RESOLUTION OF THE ORQVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A DEFERRED PAYMENT PLAN WITH SHERI D'ANGELO TO PAY FOR THE PROCESSING OF A USE PERMIT. 11. NATIONAL ENDOWMENT FOR THE ARTS GRANT APPLICATION -staff report The Council may consider the submission of a National Endowment for the Arts grant application in collaboration with the Artists of Rivertown, Oroville Arts Commission, and the Butte County Office of Education. (Donald Rust, Director of Planning and Development Services and Luis Topete, Associate August 6, 2013 ~ 4:00 p.m. Oravi!!e Cify Council Meeting -Agenda Page 3 of 9 Planner} Council Action'Requested: Adopt Resolution'No. 81p9 A:`RESOLUTION OF THE OROVILLE CITY `COUNCIL AUTHORIZING ' ANO DIRECTING' CITY` STAFF Tt~' COMPLETE THE" NATIQNAL ENDOWMENT FOR THE ALTS, ARTS W.ORK$'GRANTAPPLICATION WITH THE`CLOSING DATE OF AUGUST 8, 2013. 12. ENCROACHMENT PERMIT WAIVER REQUEST BY OROVILLE HIGH SCHOOL = staff'report '' The Council may cansider an ~ncroachmenfipermitwaiverrequest; rrthe amountof $97.77, by Oroville High School relating'to a curb painting'project•afifJrdvilleHlgh School: (Donald Rpst; Interim Drec#or of Public Works and Rick Walls, Interim. City Engineer] Coundil i4~ction Requested: Approve the encroachment permi# waiverrequeat; in the amount of $97.77, by Oroville High School rela#ing to a curb painting project at Oroville High School 13. ; PURCHASE OF GLEBE:STRUCTUI~AL.'FIREFIGIiTING PE'RSONAL'P~QTEGTIVEEQUIPMENT.-sta#F report The Couneil'may consider'the purchase of`Glabe Structural FirefightingPersortal Protective Equipment from the sale source vendor, L:N. Curtis & Sons; in ari amount not to exceed $8;640.85. {Bill La Crane, dire Chief} Council Action'Requested: 1. Authorize the purchase of Glabe S#ructural Firefighting Personal Protective Equi,p~ent from this sole source vendor,'E:N. Curtis & Sons; lh an amount trot to exceed $8,640:85 2. Approve Supplemental Appropriation No. 2013114-081.3-06 as indicated in the staff report dated August 6, .2013. ; ; -. 14. REINSTATEMENT OF ACCRUALS FOR LAID OFF POLICE OFFICER - s#aff repork The Council may considerthe reinstatement of accruals for a laid off Police Sergeant (Bill La Crone, Chief of Police) Council Action Requested: Approve the reinstatemen# of accruals for the laid off Police Sergean#. 15. RECLASSIFICATION OF CONFIDENTIAL ADMINiS7RATIVE ASSISTAiVT TO DEPUTY CITY CLERK- staff report The Council may consider the reclassification of a Confidential Administrative Assistant to the Deputy City Clerk position. (Peter Cosentini, Interim City Administrator} Council Action Requested` , 1. Approve the reclassification of Confidential Administrative Assistant to the Deputy City Clerk position. 2. Adapt Resolution No. :8113 - A RESOLUTION .OF THE OROyILLE CITY COUNCIL AUTHORIZING AN AMENDMENT TO 'THE SALARY AND THE'E$TABLISHMENT' OF A SALARY RANGE FOR THE POSITION OF DEPUTY CITY 'CLERK. 3. Appointed .lamie Hayes at Step A of the Deputy City Clerk salary-range as indicated in the Staff Report, dated August 6, `2013. Augusf &, 2013 ~- 4:00 p.m. Oroville City Council Meeting -Agenda Rage 4 of 9 4. Approve the Deputy City Clerk position as an exempt employee represented by the Oroville Ci#y Confidential Association. 5. Approve the required Clerk training to obtain the City Clerk certification within the next two fiscal years. fi. Approve Supplemental Appropriation No.201 311 4-081 3-07 as indicated in the August 6, 2013 staff report. 16. ANNUAL GRANTEE PERFORMANCE REPORT -staff report The Council will conduct a public hearing relating #o the performance of active Community Development Block Grant, HOME Investment Partnership, CalHome, Revolving Loan Programs and Program Income Waiver project activities for fiscal year 2012113. {Pat Clark, Director of Business Assistance and Housing Development) Council Action Requested:-None. _ _ _ __ _ _ _::.: 17. AMENDMENT TO FACILITY AND PARK FEE WAIVER ORDINANCE NO. 1793 -staff report The Council will conduct a public hearing to consider an amendment to Oroville Municipal Code Section 26- 10.200: Facility and Park Fee Waiver Ordinance, to include an exemption for the Friends of the Parks, City of Oroville Docents, and Butte County Elections. {Donald Rust, Director of Planning and Development Services and Luis Topete, Associate Planner) Council Action Requested: Waive the first reading and introduce by title only, Ordinance No.1797 - AN ORDINANCE OF THE OROVILLE CITY COUNCIL APPROVING AN AMENDMENT TO THE FACILITY AND PARK FEE WAIVER ORDINANCE NO. 1793 TO INCLUDE A FEE WAIVER EXEMPTION FOR THE CITY OF OROVILLE DOCENTS, FRIENDS OF THE PARKS, AND BUTTE COUNTY ELECTIONS FOR USE OF A CITY OWNEDIOPERATED FACILITY. 18. AMENDMENT TO OROVILLE MUNICIPAL CODE CHAPTER 26 ADDING SECTION 26.10.135 - ART IN PUBLIC PLACES 1 OROVILLE BEAUTIFICATION FUND -staff report The Council will conduct a public hearing to consider amending Oroville Municipal Cade Chapter 26 by adding §28-10.135 authorizing the City to establish an Art in Public Places 1 Oroville Beautification policy requiring all new non-residential development projects to install public art equal to one percent {1 %) of the estimated construction cost or contribute an in lieu equivalent to the Oroville Beautification Fund. {Donald Rust, Director of Planning and Development Services and Lu'rs Topete, Associate Planner) Council Action Requested: Waive the first reading and introduce by tine only, Ordinance No.1798 -AN ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF OROVILLE BY ADDING SECTION 2fi-10.135 RELATING TO A PUBLIC ART 1 OROVILLE BEAUTIFICATION REQUIREMENT OR IN LIEU FEE EQUIVALENT FOR ALL NEW NON-RESIDENTIAL DEVELOPMENT PROJECTS. 19. PLACEMENT OF DELINQUENT GARBAGE BILLS ON THE 2013114 PROPERTY TAX ROLL -staff report August 6, 2013 - 4:00 p.m. Oroville City Council Meefing -Agenda Page 5 of 9 The Council raay consider the placement of delinquent garbage bilEs to Recoiogy on the 2(}13(14 proper#y tax roll. (Diane. MacMillan, Finance Director} Council Action Requested: Adopt Resolution Noy <8.110 - A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING DIRECT ASST=SSSMENT FOR DELINQUENT .GARBAGE BILLS FOR FISCAL YEAR 2012113 ON THE 2013114 PROPERTY TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION ,21°8:CERTIFICATION OF TAX BILL LEVY. 20. ANNUAL. ASSESSMENTS FOR THI= CITY'S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 1-8 -staff report (Confinued from July 98, 2Q93) The Council may consider the annual assessmen#s for the City's Consolidated Benefit Assessment District, Zones 1-8. (Donald Rust, Interim Direc#or of Public Works andl~c.k. Walls, Interim City ;Engineer) (Confinued from July 76, 2073) Council.Action Requested: 1. Adopt Resolution Np. 8097 -A RESOLUTION OF THE OROVILLE CITY COUNCIL INITIATING PROCEEDINGS PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORTAND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS:FOR THE OROVILLE CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 1-8 FOR FISCALYEAR 2013114. 2. Authorize any necessary budget adjustments to the Annual Assessment Report 21. ANNUAL ASSES,SMENT$ FO:R THE. CITY'S CONSp.LIDATI=D LANDSCAPE ANO LIGHTING M .AINTENANC.E ASSI=SS.MENT DISTRICT, ZONES 1--17 --staff report (Cgn.finued from July?6,'2093) The Council may consider the annual assessments for the City's Consolidated Landscape. and Lighting Maintenance Assessment District; Zones 1-17.; (©onald Rust; lnterim.~irector of Public Works and Rick Walls, Interim City;Engineer) Coun. cii Action Requested: 1. Adopt Resolution No. 8098 - A RESOLUTION OF THE OROVILLE CITY COUNCIL INITIATING PROCEEDINGS PRELIMINARILY.APPR.OVING THE ANNUAL ASSESSMENT REPORTAND DECLARING ITS INTENTION TO LEVY.AND COLLECT ASSESS:MENTS:FOR THE.OROVILLE CONSOLIDATED LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT, ZONES 1-17 FOR FISCAL YEAR 2013114. 2. Authorize any necessary.:budget :adjustrnents.to.the Annua.I Assessment Report.. 22. PLACEMENT OF,$PEAKERS FUR NON-AGENDA ITEMS - staff report The Council may consider the placement,of speakers fior non-agenda items on the City Council.agendas. ~Peta,r:Cosentlni, Interim City Administrator} Council :Action Requested:.17irect staff as :necessary, 23. APPOINTMENT OF LUIS TOPETE TO THE GROW OROVILLE COALITION The Council may consider the. appointment of Luis. Topete to the Grow Oroville.;C.oalitio.n,.:a business. recruitment brand and marketing program for the Oroville area in partnership with the South'Feather Water and Power Agency.. (D.ona.ld Rust, .I)irecto.r of Planning -and Development Services.) August 6, 2893 ~- 4:00 p.m. Orovi!!e City Counci! Meeting -Agenda Page G of 9 Council Action Requested: Appoint Luis Topete as the City of Oroville's representative to the Grow Orovil[e Coalition, a business recruitment brand and marketing program for the entire 18-month project timeline. 24. ACCEPTANCE OF FEDERAL AVIATION ADMINISTRATION GRANT OFFER FOR THE AIRPORT NORTH APRON REHABILITATION PROJECT -staff report The Council may consider the approval of a grant offer from the Federal Aviation Adminis#ration for the North Apron Rehabilitation Project. {Donald Rust, Interim Director of Public Works and Rick Walls, Interim City Engineer} Council Action Requested: Adopt Resolution No. 8111 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGRE>=MENT WITH THE FEDERAL AVIATION ADMINISTRATION FOR GRANT FUNDS TO BE RECEIVED UNDER THE CITY'S 2013 AIRPORT CAPITAL IMPROVEMENT PROGRAM FOR THE AIRPORT NORTH APRON REHABILITATTON PROJECT- (Agreement No. 3031}. 25. CALTRANS GRANT APPLICATION AND AGREEMENT FOR THE AIRPORT NORTH APRON REHABILITATION PROJECT -staff report ,, The Council may consider the approval fora granf appiication`arri grant agree"rnent=wit -t a -- epa rnen o Transportation for the North Apron Rehabilitation Project. (Donald Rust, Interim Director of Public Works and Rick Walls, Interim City Engineer} Council Ac#ian Requested: Adopt Resolution No. $112 -- A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A GRANT FUNDING APPLICATION AND AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR MATCH GRANT FUNDS FOR THE CITY'S AIRPORT NORTH APRON REHABILITATION PROJECT - {Agreement No. 3032}. 26. PROPOSED TRANSFER OF INFORMATION TECHNOLOGY DIVISION FROM FINANCE DEPARTMENT TO ADMINISTRATION DEPARTMENT -staff report The Counci! may considerthe proposal made during the budget process, by Mayor Dahlmeier, to potentially move the Informational Technology Division from the Finance. Department to the Administration Department. (Peter Cosentini, Interim City Administrator} Council Action Requested: Direct staff as necessary. 27. HALF-FUNDED FIREFIGHTER POSITION -staff report The Council may provide direction to staff regarding the half-funded Firefrghter position. {Bill La Grone, Fire Chief) Council Action Requested: The Interim City Administrator recommends leaving the position as funded and only allowing the Firefighter to work part-time, with no overtime. 28. MONTHLY SUMMARY OF INVESTMENTS AND MONTHLY FINANCIAL REPORTS FOR JUNE 2013 - reports attached The Council will receive a copy of the Monthly Summary of Investments and the Monthly Financial Reports for June 2013. {Diane MacMillan, Director of Finance} Council Action Requested: Acknowledge receipt of the .tune 2013 Monthly Summary of Investments and Monthiy Financia[ Reports. August 6, 2093 - ~4:OQ p.m. Orovi!!e City Counci! Meeting ~- Agenda Page 7 of 9 COUNCIL ANNOUNCEMENTSICOMMlTTEE REPORTS (A verbal report may be given regarding any committee meetings attended.) • Fire Department -activity report • Planning and; Developrrtent Service, s Department - activity report • lames'Smith, received July 17, 201 • Hope G. Smith, received July 19, 2013 This is the timg the Mayor will .invite. anyone irk the audience wishing to address the Cooncil.on a matter not listed on the agenda, to step to the podium, state your name far the record and,make your prQ$entation, Presentations are limited to 3 minutes.. Under Government Code Section 54954:2, The Council is erohibited from takina'action except for a brief res onse b the:Council or staff to a statement or uestion relatin to a non-a Benda item. CLOSED SF~,SJ(,~N The Council will hold a Closed .Session on the fallowing: '! . Eursuant to Government.C.ode Section 54957(b), the:Co.uncil wil! meet with interim City Ad.ministrator,Peter Cosentini, and City Attorney, Scott E, Huber; to consider the evaluation of ,performance related. to the following position: Director of Planning and Development Services. 2. Pursuant to Government Code section 54957.6, the Council will meet with Labor Negotiators Peter Cosentini, Scott E. Huber and David Prentice, to discuss. [abor:negotiations for.the Oroville Police QfFcers' Association -Sworn .and Non-Sworn. 3. Pursuant to Gi~vernment Code section 54957.6, the Council will meet with'Labor Negotiators i'eterCosentini and Scott E. Huber, to discuss labor negotiations for the OrovilEe Fire Fighters' Association. 4. Pursuant to Govemment Codas Section 54956,8, tltie C.ouncif will meet with Real. Property Negotiators, -City Attorney, Scott E. Huber, and Interim City Administrator; Peter Cosentini, ~egarting the property identified as 15'11 Robinson Street, Oroville. 5. Pursuant to Government Code section 54956.9(bj, the City Council will meet with City Attorney, Scott E. Huber, and Interim City Administrator, Peter Cosentini, regardng,potential litigation -two cases. 6. Pursuant to 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 and/or employment related to the following position: City Adminis#rator. August 6, 2013 -- 4:00 p. na. Orovi!!e Crfy COUlTClI tileefing -Agenda Page 8 of 9 The meeting wi!! be adjourned. The next regular meeting of the Oroviile City Council will be held an Tuesday, August 20, 2013 at 5:00 p.m. 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 or participate in our public meetings, please con#act 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. Documents distributed for public session items, less than 72 hours priar #o meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California. August 6, 2013 ~- 4:00 p.rn. Oroville City Council rUeefing -Agenda Page 9 of 9