OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Orovllie, CA. 95965
July 19, 2022
MINUTES
This agenda was posted on July 15, 2022. This meeting was recorded and may be viewed at cityoforoville.org or on YouTube.
CALL TO ORDER I ROLL CALL
Mayor Reynolds called the meeting to order at 4pm
PRESENT: Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
STAFF: Interim City Administrator Tom Lando, Police Chief Bill LaGrone, Assistant City Administrator Ruth Duncan, Assistant Community Development Director Dawn Nevers, Code Enforcement Director Ron Belser, City Attorney Scott Huber, Assistant City Clerk Jackie Glover, Business Assistance and Housing Development Director Amy Berg Strand, Fire Chief Chris Tenns, City Treasurer Karolyn Fairbanks, Principal Planner Wes Ervin
CLOSED SESSION
The Council held a Closed Session on the following:
1. Pursuant to Government Code section 54957.6, the Council met with Labor Negotiators and City Attorney to discuss labor negotiations for the following represented groups: Orovilie Police Officers Association (Sworn and Non-Sworn), Orovilie Public Safety Mid-Managers Association, Orovilie Management and Confidential Association, Orovilie City Employees Association, all unrepresented employees.
2. Pursuant to Government Code section 54956.9(d)(2), the Council met with the City Administrator and City Attorney regarding potential exposure to litigation - One case.
OPEN SESSION
1. Announcement from Closed Session - Mayor Reynolds announced that direction was given; no action was taken
2. Pledge of Allegiance - Led by Mayor Reynolds
3. Adoption of Agenda Motion by Council Member Goodson and second by Council Member Smith to adopt the agenda. Motion passed.
AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC COMMUNICATION - HEARING OF NON-AGENDA ITEMS
July 19. 2022-4:00 PM Orovilie City Council Meeting Minutes The following individuals spoke on non-agenda items:
Stephanie Eirish
The Cameraman
Bill Speer
Margie Hunt
The following individuals spoke on agenda items:
Linda Draper - Item 12
Addison Winslow- Item 21
John Mitchell - Item 20, 21
CONSENT CALENDAR
Motion by Council Member Goodson and second by Council Member Riggs to adopt the consent calendar excluding items 5 and 9. Motion passed.
AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None ^
ABSENT: None
1. APPROVAL OF THE MINUTES
The City Council approved the minutes of June 21, 2022
2. AMENDMENT TO GRANT NO. 20-CDBG-CV-2-3-00112
The Council adopted Resolution No. 9067 - APPROVING AN AMENDMENT TO THE STANDARD AGREEMENT GRANT NO. 20-CDBG-CV-2-3-00112 FOR THE 2020
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS RESPONSE ROUND 2 and 3 (CDBG-CV2 and CV3, NOFA DATED DECEMBER 18, 2020; and Adopted Resolution No. 9068 - APPROVING AN AMENDMENT TO THE STANDARD AGREEMENT GRANT NO. 20-CDBG-CV-2-3-00113 FOR THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CORONAVIRUS RESPONSE ROUND 2 and 3 {CDBG-CV2 and CV3) NOFA DATED DECEMBER 18, 2020.
3. FORECLOSURE OF 16 MIDWAY DRIVE
The City Council authorized the foreclosure of City's loan interest on the property located at 16 Midway Drive, Oroville CA (APN 033-233-007.); and adopted Resolution No. 9069 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE. CALIFORNIA.
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL DOCUMENTS AND ANY
AMENDMENTS THERETO NECESSARY TO INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 16 MIDWAY DRIVE, OROVILLE,
CALIFORNIA
4. REAPPOINTMENT OF INCUMBENTS TO THE PLANNING COMMISSION City Council reappointed Carl Durling and Wyatt Jenkins to the Planning Commission with terms expiring June 30, 2026.
6. CONTRACT WITH BUTTE CONSTRUCTION COMPANY FOR ROOF REPLACEMENT AND
FACADE REPAIRS AND IMPROVEMENTS OF THE WEST WING OF CITY HALL The Council approved Res. No. 9082 - A RESOLUTION OF THE OROVILLE CITY COUNCIL
AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND ACCEPT THE PROPOSAL
WITH BUTTE CONSTRUCTION COMPANY AUTHORIZING BUTTE CONSTRUCTION July 19, 2022-4:00 PM Oroville City Council Meeting Minutes Page 2 of 8
COMPANY TO COMPLETE THE PROPOSED ROOF REPLACEMENT AND FACADE REPAIRS OF THE WEST WING OF CITY HALL IN THE AMOUNT OF $391,258.99 and a 15% contingency in the amount of $58,688.85 should any deficiencies be discovered during the project; and authorized and directed staff to sign and accept the proposal from Butte Construction Company, authorizing the proposed roof replacement, fagade repairs and improvements of the west wing of City Hall, in the amount of $391,258.99 (base bid plus alternatives 2 & 4) and a 15% contingency in the amount of $58,688.85 should any deficiencies be discovered during the project, for a total of$449,947.84; and authorized and directed staff to approve the proposed alternatives, should the discovery of their deficiency determine the need for replacement in the amount not to exceed the $80,331.00 as estimated in the Bid Proposal.
7. CONSIDER REQUEST FOR A SIXTY-DAY EXTENSION OF THE WARMING I COOLING
CENTER OPERATIONS AGREEMENT
The Council approved Amendment No. 1 to Agreement No. 3382 for a 60-day extension of the with the Oroville Rescue Mission to continue until August 29th, 2022; and authorized staff to publish a new request for Proposal for the next year and establish a budget not to exceed $20,000.00 per year to fund the next years agreement.
8. CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
The Council received information regarding unanticipated revenue.
10. DECLARE BY RESOLUTION, AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL
CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH THE CITY OF OROVILLE
IS ELIGIBLE
The Council adopted Resolution No. 9070 - RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF OROVILLE, STATE OF CALIFORNIA, AUTHORIZING SUBMITTAL OF
APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT PROGRAMS FOR WHICH
THE CITY OF OROVILLE IS ELIGIBLE
11. AGREEMENT TO PURCHASE 2923 MYERS STREET FOR FUTURE MIXED-USE
AFFORDABLE MULTI-FAMILY HOUSING PROJECT
The Council adopted Resolution No. 9071 - A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH CHARLES HAWLEY FOR THE PURCHASE OF THE PROPERTY IDENTIFIED AS 2923 MYERS STREET (APN: 035-520-004) - (Agreement No. 3424)
5. ARTS COMMISSION RECOMMENDATION TO CITY COUNCIL TO ADOPT THE
DECLARATION OF THE RIGHTS OF ALL STUDENTS TO EQUITY IN ARTS LEARNING The City Council received information and considered the Arts Commission recommendation to adopt the Declaration of the Rights of All Students to Equity in Arts Learning resolution.
No action was taken on this item.
9. ADVERTISE VACANCY AND SEEK APPLICATIONS FOR PARK COMMISSION City Council considered authorizing staff to advertise the vacant position and seek applications for the Park Commission resulting from a vacancy which occurred by operation of law. Motion passed.
Moton by Vice Mayor Thomson and second by Council Member Smith to authorize staff to advertise the Park Commission vacancy and seek applications for the position.
July 19, 2022-4:00 PM Oroville City Council Meeting Minutes Page 3 of 8
REGULAR BUSINESS
AYES: Hatley, Smith, Pittman, Thomson, Reynolds
NOES: None
ABSTAIN: Riggs, Goodson
ABSENT: None
July 19, 2022-4:00 PM
12. BRIDGE AGREEMENT WITH ALL ASSOCIATIONS I PERSONNEL FOR FISCAL YEAR 2022 /2023
13. ANNUAL ASSESSMENTS FOR THE CITY'S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, ZONES 2-6, 8-10, 12-15, 18 AYES: Smith, Pittman, Riggs, Thomson, Reynolds
NOES: Hatley, Goodson
ABSTAIN: None
ABSENT: None
AYES: Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: Hatley (Recused)
The City Council considered authorizing staff to meet and confer with all associations to implement the bridge agreement as outlined in the staff report. This agreement is necessary to retain personnel and recruit new personnel. The term of this agreement will be for the remainder of this fiscal year.
Motion by Vice Mayor Thomson and second by Council Member Riggs to approve the terms as outlined in the staff report and adopt Resolution No. 9072 - A RESOLUTION OF THE
OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SIDE LETTER BRIDGE AGREEMENT. IF AGREEMENT CAN NOT BE REACHED STAFF IS
DIRECTED TO RETURN TO COUNCIL WITH ALTERNATIVE AGREEMENT PRIOR TO IMPLEMENTATION, and to provide staff with $6000 in one-time funds over a 9 month period, $2000 in September, December and March. Motion passed.
The Council considered initiating proceedings, preliminarily approving the Annual Assessment Report and declaring its intention to levy and collect assessments for the Oroville Consolidated Landscape and Lighting Maintenance Assessment District for Fiscal Year 2022/23.
Council Member Hatley Recused himself from item 13 due to the proximity of his residence.
Motion by Council Member Smith and second by Council Member Riggs to Adopt Resolution No. 9077 - A RESOLUTION OF THE CITY COUNCIL INITIATING PROCEEDINGS,
PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE
CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/23; and authorize any necessary budget adjustments to the Annual Assessment Report. Motion passed.
Mayor Reynolds, Council Member Smith and Pittman recused themselves from item 14 due to the proximity of their residence in relation to this item.
Council Member Hatley Returned to the meeting.
Oroville City Council Meeting Minutes Page 4 of 8
14. ANNUAL ASSESSMENTS FOR THE CITY'S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, ZONES 1, 7, 11, 16, 17 The Council considered initiating proceedings, preliminarily approving the Annual Assessment Report and declaring its intention to levy and collect assessments for the Oroville Consolidated Landscape and Lighting Maintenance Assessment District for Fiscal Year 2022/23.
Motion by Council Member Riggs and second by Council Member Goodson to adopt Resolution No. 9080 - A RESOLUTION OF THE CITY COUNCIL INITIATING PROCEEDINGS.
PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE
CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/23; and authorize any necessary budget adjustments to the Annual Assessment Report. Motion passed.
AYES: Hatley, Goodson, Riggs, Thomson
NOES: None
ABSTAIN: None
ABSENT: Smith, Pittman, Reynolds (Recused)
Mayor Reynolds and Council Members Smith and Pittman returned to the meeting.
Council Member Hatley recused himself from the meeting due to the proximity of his residence in relation to item #15.
15. ANNUAL ASSESSMENTS FOR THE CITY'S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 1, 4, 5, 9
The Council considered initiating proceedings, preliminarily approving the Annual Assessment Report and declaring its intention to levy and collect assessments for the Oroville Consolidated Benefit Assessment District for Fiscal Year 2022/23
Motion by Council Member Goodson and second by Council Member Riggs to adopt Resolution No. 9078 - A RESOLUTION OF THE CITY COUNCIL INITIATING PROCEEDINGS,
PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE CONSOLIDATED BENEFIT ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/23; and authorize any necessary budget adjustments to the Annual Assessment Report. Motion passed.
AYES: Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: Hatley (Recused)
Council Member Hatley returned to the meeting.
Council Members Pittman and Smith Recused themselves from the meeting due to the proximity of their residence in relation to item #16.
16. ANNUAL ASSESSMENTS FOR THE CITY'S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 2. 3, 6- 8
The Council considered initiating proceedings, preliminarily approving the Annual Assessment Report and declaring its intention to levy and collect assessments for the Oroville Consolidated Benefit Assessment District for Fiscal Year 2022/23
July 19, 2022-4:00 PM Oroville City Council Meeting Minutes Page 5 of 8
PUBLIC HEARINGS
July 19, 2022-4:00 PM
19. CONSIDERATION OF A RESOLUTION ELECTING TO HAVE THE CITY OF OROVILLE
BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING PROCEDURES AND CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2 OF THE OROVILLE MUNICIPAL CODE AMENDING CHAPTER 2.24 BUREAU OF
PURCHASE, CONCERNING THE IMPLEMENTATION OF UNIFORM CONSTRUCTION
COST ACCOUNTING ACT PROCEDURES
Orovtlle City Council Meeting Minutes Page 6 of 8
17. PLACEMENT OF SOLID WASTE LIENS ON THE 2022-23 PROPERTY TAX ROLL
18. ANNUAL SANITARY SEWER SERVICE TO BE LEVIED ON THE 2022-23 TAX ROLL Motion by Council Member Riggs and second by Council Member Goodson to adopt Resolution No. 9079 - A RESOLUTION OF THE CITY COUNCIL INITIATING PROCEEDINGS,
PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND DECLARING ITS
INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE CONSOLIDATED BENEFIT ASSESSMENT DISTRICT FOR FISCAL YEAR 2022/23; and authorize any necessary budget adjustments to the Annual Assessment Report. Motion passed.
AYES: Hatley, Goodson, Riggs, Thomson, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Smith, Pittman (Recused)
Motion by Council Member Smith and second by Council Member Goodson to adopt Resolution No. 9073 - A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING DIRECT ASSESSMENT FOR DELINQUENT SOLID WASTE LIENS ON THE 2022-2023 PROPERTY TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY. Motion passed.
AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None
Motion by Council Member Goodson and second by Council Member Smith to adopt Resolution No. 9074 - A RESOLUTION OF THE OROVILLE CITY COUNCIL CERTIFYING TO THE
COUNTY OF BUTTE THE VALIDITY OF THE LEGAL PROCESS USED TO PLACE DIRECT
CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY FOR FISCAL YEAR 2022-23 SEWER SERVICE CHARGES. Motion passed.
AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None
The Council considered the placement of solid waste liens from Recology on the 2022-23 property tax roll.
The Council considered a Resolution certifying that the Sewer Service charges to be levied on the 2022-23 tax roll are in compliance with Proposition 218.
Council Member Smith and Pittman returned to the meeting.
REPORTS / DISCUSSIONS I CORRESPONDENCE
July 19. 2022-4:00 PM Oroviile City Council Meeting Minutes Page 7 of 8
21. HOUSING ELEMENT UPDATE (2022-2030)
20. GENERAL PLAN AMENDMENT GPA 22-01 TO CHANGE LAND USE DESIGNATION OF 22
DOWNTOWN PARCELS IN AND AROUND THE FORMER FORD DEALERSHIP - PARCELS
FRONTING LINCOLN, SAFFORD, OAK AND BRODERICK STREETS - TO MIXED USE, AND FIRST READING OF ORDINANCE 1867 TO REZONE THE PARCELS TO DOWNTOWN MIXED USE (APN'S 012-021-008, -011,-012, -015, -018, -020, -021, -022, -023, -028, & -029, APN'S 012-028-003, -004, -005, -006, -007, -008, -009, -015, & -016, AND APN'S 012-031-007 & -008)
The City Council considered approving General plan Amendment GP22-01 and Zoning Change ZC 22-03 to rezone 22 downtown parcels to MXD (Downtown Mixed Use) in order to encourage mixed use and commercial development.
Motion by Council Member Smith and second by Council Member Goodson to determine that the Housing Element is exempt from environmental review under CEQA, and adopt the Draft Element, including the Amendments described in Attachment 2, and authorize submittal to the California Department of Housing and Community Development (HCD) for their certification; and adopt Resolution 9075. Motion passed.
AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None
Motion by Council Member Thomson and second by Council Member Goodson to certify the Notice of Exemption; and approve General Plan Amendment GPA 22-01 and Zoning Change ZC 22-03; and adopt Resolution No. 9075 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING GENERAL PLAN AMENDMENT GPA 21-04 AND ZONING CODE AMENDMENT ZC 22-03 TO CHANGE THE LAND USE DESIGNATION OF 21 PARCELS ON
SAFFORD, BRODERICK, OAK AND LINCOLN STREETS TO MIXED USE AND THE ZONING TO DOWNTOWN MIXED-USE (APN's 012-021-008. -011, -012, -015, -018, -020, -021, -022, - 023, -028, -029 AND APN's 012-028-003, -004, -005, -006, -007, -008, -009, -015, -016, AND APN 012-031-007-, 008); and waive first reading and introduce by title only Ordinance no. 1867- - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CHANGE ZC 22-03 TO REZONE APPROXIMATELY 2.56 ACRES OF LAND COMPRISING 21
PARCELS ON SAFFORD, BRODERICK, OAK AND LINCOLN STREETS TO DOWNTOWN MIXED-USE (APN's 012-021-008. -011,-012, -015, -018, -020, -021,-022, -023, -028, -029 AND APN's 012-028-003, -004, -005, -006, -007, -008, -009, -015, -016, AND APN 012-031-007 and - 008). (APN's 012-021-008, -011,-012, -015, -018, -020, -021,-022, -023, -028, -029 AND APN's 012-028-003, -004, -005, -006, -007, -008, -009, -015, -016, AND APN 012-031-007 & 008).
Adding parking lot at Lincoln and Montgomery. Motion passed.
AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None
The City Council conducted a public hearing to review the Draft 2022 General Plan Housing Element Update and consider its adoption.
This item was continued to August 2, 2022.
1. Council Announcements and Reports
a. Riggs - Mentioned the Downtown Oroville Miners Alley Revitalization project moving forward in coming weeks and working with Explore Butte County b. Smith - Thanked various community groups for their work on community events. c. Reynolds - Spoke about service clubs and events in the city. d. Pittman - Mentioned the fireworks sales robbery of the Gymnastics Booster Club Fireworks Booth.
2. Future Agenda Items - None
3. Administration Reports
i. Council Updates on Departmental Activities and Reports for June 2022
4. Correspondence
i. PG^E Notice
ii. Notice of Election and Nomination Period
ADJOURN THE MEETING
Mayor Reynolds adjourned the meeting at 6:44pm.
APPROVED: ATTESTED:
Mayor Chuck R^n^ids^ Aasfetant City Clerk Jackie Glover July 19, 2022-4:00 PM Oroville City Council Meeting Minutes Page 8 of 8