Oroville City Council
March 15, 2022

March 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
March 15, 2022

REGULAR MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA

PUBLIC ACCESS AND PARTICIPATION
To view the meeting, attend the meeting or provide comment, please see the options below. All comments emailed will be provided to the Council Members for their consideration.

To View the Meeting:

1. Watch our live feed https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Watch via Zoom
https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09 Meeting ID: 968 7031 9529
Passcode: 67684553

3. Listen via Telephone
Telephone: 1-669-900-6833
Meeting ID: 968 7031 9529
Passcode: 67684553
To Provide Comment to the Council:

1. Email before the meeting by 2:00 PM your comments to [email protected]

2. Attend the meeting in person.

If you would like to address the Council at this meeting, you are requested to complete the blue speaker request form (located on the wall by the agendas) and hand it to the City Clerk, who is seated on the right of the Council Chamber. The form assists the Clerk with minute taking and assists the Mayor or presiding chair in conducting an orderly meeting. Providing personal information on the form is voluntary. For scheduled agenda items, please submit the form prior to the conclusion of the staff presentation for that item. Council has established time limitations of three (3) minutes per speaker on all items and an overall time limit of thirty minutes for non-agenda items.

If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).

Pursuant to Government Code Section 54954.2, the Council is prohibited from taking action except for a brief response from the Council or staff to statements or questions relating to a non-agenda item.

CALL TO ORDER / ROLL CALL
Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
1 March 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

CLOSED SESSION
The Council will hold a Closed Session on the following:

1. Pursuant to Government Code Section 54957(b), the Council will meet with City Administrator, Personnel Officer, and/or City Attorney to consider the public employment related to the following position: Police Chief, Assistant Community Development Director, Business and Housing Director

2. Pursuant to Government Code section 54956.8, the Council will meet with Real Property Negotiators, City Administrator and City Attorney, regarding property commonly known as APN 078-010-047.

3. Pursuant to Government Code section 54956.8, the Council will meet with Real Property Negotiators, Acting City Administrator and City Attorney, regarding the property commonly known as 225 Chuck Yeager Way, Oroville, CA 95965.

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Honoring Don Reighley

2. Mission Esperanza Project Presentation by Annie Terry PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

CONSENT CALENDAR
Consent calendar items 1 - 6 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. APPROVAL OF THE MINUTES
The City Council may approve the minutes of February 15, 2022, February 25, 2022 and March 1, 2022.

RECOMMENDATION
Approve the minutes of February 15, 2022, February 25, 2022 and March 1, 2022. 2 March 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

2. FORECLOSURE OF 1891 GRAY STREET
The City Council may consider the foreclosure of the City’s interest on property located at 1891 Gray Street Oroville (APN 012-202-014).

RECOMMENDATION
Authorize the foreclosure of City’s loan interest on the property located at 1891 Gray Street, Oroville CA (APN 012-202-014); and
Adopt Resolution No. 9035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY

ADMINISTRATOR TO EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO

NECESSARY TO INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 1891 GRAY STREET, OROVILLE (APN 012-202-014)

3. EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY BERGSTAND The Council will consider an employment agreement between the City of Oroville and Amy Bergstrand for the position of the Director of Business and Housing for the City of Oroville.

RECOMMENDATION
Adopt Resolution No. 9036 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY BERGSTRAND TO SERVE AS THE DIRECTOR OF BUSINESS AND HOUSING – (Agreement No. 3407).

4. EMPLOYMENT AGREEMENT WITH DAWN NEVERS AS ASSISTANT COMMUNITY

DEVELOPMENT DIRECTOR
The Council will consider an Employment Agreement Amendment with Dawn Nevers as the Assistant Community Development Director.

RECOMMENDATION
Adopt Resolution No. 9037– A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND DAWN NEVERS – (Agreement No. 3299-1).

5. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF OROVILLE AND

MARCINIAK CONSULTING SERVICES
The City Council will consider an agreement with Robert Marciniak of Marciniak Consulting Services for Supplemental Benefit coordination services.

RECOMMENDATION
Adopt Resolution No. 9038 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF OROVILLE AND MARCINIAK CONSULTING SERVICES (Agreement 3242-2)
3 March 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

6. BUTTE COUNTY OFFICE OF EDUCATION LEASE AGREEMENT FOR THE CENTENNIAL

CULTURAL CENTER
The City of Oroville may consider and approve the final lease agreement with the Butte County Office of Education (BCOE) to lease the Centennial Cultural Center.

RECOMMENDATION
Approve Agreement No. 3397 City of Oroville Public Facility Exclusive Operating and Lease Agreement as state above. (Resolution No. 9007)

REGULAR BUSINESS

7. CITY REPRESENTATIVE TO SERVE AS THE ABANDONED VEHICLE ABATEMENT

SERVICE AUTHORITY
The Council will consider appointing the Code Enforcement Director and the Code Enforcement Technicians to serve on the Abandoned Vehicle Abatement Service Authority.

RECOMMENDATIONS
Adopt Resolution No. 9039 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

ESTABLISHING A SERVICE AUTHORITY FOR AN ABANDONED VEHICLE ABATEMENT PROGRAM; and
Appoint the Director of Code Enforcement and Code Enforcement Technicians as City representatives to serve on the Abandoned Vehicle Abatement Service Authority.

8. HOUSING SUCCESSOR AGENCY ANNUAL REPORT
Receive and file the Housing Successor Agency Annual Report for Fiscal Year 2020- 2021

RECOMMENDATION

RECEIVE AND FILE THE HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR ENDING 2021

9. ANNUAL PROGRESS REPORT
Receive and file the 2021 Housing Element Annual Progress Report

RECOMMENDATION
RECEIVE AND FILE THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2021 4 March 15, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports
i. Department Reports

4. Correspondence
i. FERC Correspondence
ii. PG&E Correspondence

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on April 5, 2022 at 4:00 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 contact 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 prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 5 City of Oroville

A PROCLAMATION HONORING
Don Reighley
WHEREAS, Don Reighley has dedicated his life to the community of Oroville, with distinction; having served as the Chamber of Commerce Representative to ORAC, DWR, State Parks, and State Representatives for 28 years and as a community volunteer and advocate for Fishing Organizations for over 20 years; and WHEREAS, he served as Head Coach for the Butte County Office of Education High School Fishing Team based out of Oroville, sharing his Knowledge of the Sport of Bass Fishing, Fishing Code of Ethics and Angler Participation Rules; and
WHEREAS, Don served as President of the Paradise Bass Club, giving freely of his time by teaching fish care, and catch and release to future generations. Don also helped facilitate the purchase, maintenance, and weekly operation of the “Fish Release Boat” for Lake Oroville from early 2000’s to now. Which helped facilitate hundreds of local fishing events; and WHEREAS, Don’s fishing expertise and advocacy has brought great recognition to Lake Oroville as a incredible fishing location for thousands of competitive and recreation anglers, and showcasing the beauty that Oroville has to offer; and
WHEREAS, Through Don’s efforts to bring Fishing Tournaments, Special Events, and Recreational Fishers to Oroville the community has received hundreds of thousands of economic dollars through lodging, visiting, eating, and fueling; and WHEREAS, the Oroville City Council recognizes and appreciate the extraordinary contributions given by Don to this community; and
WHEREAS, Don will be sincerely missed by all, our community will not be the same without him.

NOW, THEREFORE, I, Chuck Reynolds, Mayor of the City of Oroville, in concurrence with the Oroville City Council, do hereby honor Don Reighley for his loyal and dedicated service to the community of Oroville and urge all citizens to join me in offering this sincere expression of appreciation for dedicating his life to service and for his love for our community.

Chuck Reynolds, Mayor
6 Item 1.

February 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
February 15, 2022

REGULAR MEETING

MINUTES
This agenda was posted on February 10, 2022. This meeting was recorded and may be viewed at cityoforoville.org or on YouTube.

CALL TO ORDER / ROLL CALL
Mayor Reynolds called the meeting or order at 4pm
PRESENT: Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, , Mayor Chuck Reynolds
ABSENT: Vice Mayor Scott Thomson
STAFF: City Administrator Bill LaGrone, Assistant City Administrator Ruth Wright, Director of Code Enforcement Ron Belser, City Attorney Scott Huber, Assistant Community Development Director Dawn Nevers, Assistant City Clerk Jackie Glover, Interim Fire Chief Chris Tenns, Management Analyst III Amy Bergstrand, City Treasurer Karolyn Fairbanks, Principal Planner Wes Ervin
The Council convened to closed session.

CLOSED SESSION
The Council held a Closed Session on the following:

1. Pursuant to Government Code section 54956.9(d)(2), the Council met with the City Administrator and City Attorney regarding potential exposure to litigation – Two cases.

2. Pursuant to Government Code Section 54957(b), the Council met with City Administrator, Personnel Officer, and/or City Attorney to consider the public employment related to the following position: Police Chief.

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 Smith and second by Council Member Goodson to adopt the agenda. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Thomson
7 Item 1.

February 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 2 of 5

PRESENTATIONS AND PROCLAMATIONS

1. Council received a presentation from Principal Planner Wes Ervin regarding sober living and other group homes, including how they are regulated by Oroville and other jurisdictions, and where they are concentrated in the city.

Mayor Reynolds requested a moment of silence for Pastor Steve Terry, Annie Terry asked if it could be a moment of prayer, the council consented, and Annie led the room in a moment of prayer.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
- Marie Shepord
- Daniel Ballard
- The Cameraman
- Bill Speer
The following individuals spoke on agenda items:
- Bill Speer – Presentations
- Annie Terry– Presentations
- Larry Tracy – Presentations

CONSENT CALENDAR
Motion by Council Member Goodson and second by Council Member Smith to approve the consent calendar. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Thomson

1. APPROVAL OF THE MINUTES
The City Council approved the minutes of December 7, 2021, February 1, 2022 and February 2, 2022.

2. FREE ADMISSION DAYS FOR ALL CITY MUSEUMS
Council authorized free admission days for all City Museums on February 26, 2022 and February 27, 2022 in support of Explore Butte County’s Museum Weekend.

3. AUTHORIZATION OF OWENERSHIP OF BOLTS ANTIQURE TOOL MUSEUM The Council authorizes staff to purchase the requested items in the Bolt’s Antique Tool Museum for a total of $9,500.00.

4. DONATION OF SEVERAL EDUCATIONAL ITEMS TO THE CHINESE TEMPLE & MUSEUM

COMPLEX
The City Council accepted the donation of a terra-cotta warrior statue and a cloisonne vase to the Chinese Temple & Museum Complex.
8 Item 1.

February 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 3 of 5

5. ANNUAL LONG TERM MONITORING REPORTS - HOME MULTIFAMILY RENTAL

HOUSING PROJECTS
The Council adopted Resolution No. 9026- A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. L. HASTINGS & ASSOCIATES, LLC, IN THE AMOUNT OF $12,800 YEAR 1, $13,800 YEAR 2, $13,800 YEAR 3, TO PREPARE THE ANNUAL LONG-TERM MONITORING REPORT FOR HOME MULTI-FAMILY RENTAL HOUSING PROJECTS, for three (3) yeas. - (Agreement No. 3237-2).

6. AGREEMENT WITH BURKE, WILLIAMS, AND SORENSEN LLP ATTORNEYS AT LAW FOR

LEGAL SERVICES FOR LABOR NEGOTIATION MATTERS
The Council Adopted Resolution No. 9027- A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BURKE, WILLIAMS AND SORENSEN LAW OFFICES– (Agreement No. 3403).

PUBLIC HEARINGS – 5:15 PM

7. ANNEXATION OF THE VILLAGE AT RUDDY CREEK SUBDIVISION INTO THE CITY'S

ASSESSMENT DISTRICTS
This item has been continued to the March 1, 2022 City Council Meeting

REGULAR BUSINESS

8. COUNCIL APPOINTMENT TO THE BUTTE COUNTY MOSQUITO AND VECTOR CONTROL BOARD
Mayor Reynolds made a recommendation to appoint himself to the Butte County Mosquito and Vector Control Board.

Motion by Council Member Smith and Second by Goodson to appoint Mayor Reynolds to the Mosquito and Vector Control Board for a term expiring February 28, 2024. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Thomson

9. AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSAL FOR MARKETING

SERVICES
The Council provided direction to the City Administrator to release a Request for Proposal (RFP) for Marketing Services.

Motion by Council Member Riggs and second by Council Member Goodson to authorize staff to release a Request for Proposal for Marketing Services for the City of Oroville.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Thomson
9 Item 1.

February 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 4 of 5

10. HOUSING NAVIGATION SERVICES
The Council considered entering into an agreement to provide Housing Navigation Services as described in the attached Memorandum of Understanding between Butte County’s Department of Employment and Social Services and the City of Oroville.

Motion by Council Member Smith and second by Council Member Goodson to enter into the 3- year agreement to provide Housing Navigation Services described in the attached Memorandum of Understanding between Butte County’s Department of Employment and Social Services and the City of Oroville. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Thomson

11. LETTER OF SUPPORT FOR AB 1599 THE REPEAL OF PROPOSITON 47 The Council authorized a letter of support for AB 1599 a repeal of portions of Proposition 47.

Motion by Council Member Riggs and second by Council Member Smith to authorize letter of support for AB 1599.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Thomson

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Riggs – Attended Downtown Business Association meeting and spoke about upcoming First Friday Events and spoke about Museum Weekend. b. Smith – Gave an update on upcoming Arbor Days at the Oroville Convention Center and the Butte County Continuum of Care meeting he attended c. Pittman – Attended the Parks Commission meeting and updated the council on this meeting; attended a YMCA basketball game at the convention center d. Reynolds – Mentioned the High Cheerleader National Championship in Las Vegas and congratulated both Oroville and Las Plumas teams who won 1st place in their divisions.

2. Future Agenda Items - None

3. Administration Reports
a. LaGrone – Updated council on a broken light at Myers and Mitchell Ave. b. Wright – Updated council on staffing, midyear budget review which will come to council soon; attending a conference the next two days; payroll software vendor selected and will be bringing it forward at next meeting c. Nevers – DMV commercial license training center is running a pilot program out by the airport.
d. Departmental Reports for January 2022 – Written report attached to packet

4. Correspondence
10 Item 1.

February 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 5 of 5 i. Resignation from Planning Commissioner Mike Britton

ADJOURN THE MEETING
Mayor Reynolds adjourned the meeting at 6:31pm.

APPROVED: ATTESTED:
__________________________________________ ___________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 11 Item 1.

March 01, 2022~3:30 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
March 01, 2022

REGULAR MEETING

MINUTES
This agenda was posted on February 24, 2022. This meeting was recorded and may be viewed at cityoforoville.org or on YouTube.

CALL TO ORDER / ROLL CALL
PRESENT: Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
STAFF: City Administrator Bill LaGrone, Management Analyst III Amy Bergstrand, Interim Fire Chief Chris Tenns, Assistant City Clerk Jackie Glover, Assistant City Administrator Ruth Wright, Assistant Community Development Director Dawn Nevers, Code Enforcement Director Ron Belser, City Attorney Scott Huber, City Treasurer Karolyn Fairbanks

CLOSED SESSION
The Council held a Closed Session on the following:

1. Pursuant to Government Code Section 54957(b), the Council met with City Administrator, Personnel Officer, and/or City Attorney to consider the public employment related to the following position: Police Chief, Assistant Community Development Director, Business and Housing Director

2. Pursuant to Government Code section 54956.8, the Council met with Real Property Negotiators, Acting City Administrator and City Attorney, regarding the property commonly known as 225 Chuck Yeager Way, Oroville, CA 95965.

3. 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: Oroville Fire Fighters’ Association

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 Vice Mayor Thomson and second by Mayor Reynolds to adopt the agenda. Motion passed.

AYES: Pittman, Hatley, Thomson, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Riggs, Smith, Goodson
12 Item 1.

March 01, 2022~3:30 PM Oroville City Council Meeting Agenda Page 2 of 5

PRESENTATIONS AND PROCLAMATIONS

1. Mayor Reynolds conducted a swearing in ceremony for Noah Poblano, Shea Shull, and Nikolya Gorkavchuk from the Fire Department.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on agenda items – Bill Speer: Future Agenda Items The following spoke on non-agenda items – The Cameraman

CONSENT CALENDAR
Motion by Council Member Goodson and second by Vice Mayor Thomson to adopt the consent calendar. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None

1. ADOPTION OF THE MINUTES
The City Council approved the minutes from February 1, 2022 and February 2, 2022

2. PAYROLL SOFTWARE SELECTION
The Council approved the Mayor to sign a contract with UKG Read for Payroll time and attendance software and Human Resource Management Software.

3. AGREEMENT FOR AS NEEDED PROFESSIONAL ENGINEERING AND PLANNING

SERVICES WITH STREAMLINE ENGINEERING
The Council authorized the Mayor to contract with Streamline Engineering for as needed professional structural engineering and design services.

4. AUTHORIZATION TO TRANSFER CITY OF OROVILLE VEHICLE 34, 1991 FORD F-350 1 YARD DUMP TRUCK TO THE HOPE CENTER/CITY WORKS PROGRAM.

The Council authorized the transfer of City Vehicle 34, the 1991 Ford F350 pickup from Public Works to the Hope Center/City Works.

5. AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSAL FOR TREE PRUNING

SERVICES
The Council authorized staff to release a Request for Proposal for tree pruning services for the City of Oroville.

6. CLARIFICATION FOR THE APPOINTMENT OF THE PART-TIME ASSISTANT PLANNER

POSITION
The Council accepted the appointment of the part-time Assistant Planner as an employee of the City of Oroville and recognized by the Oroville City Employees Association effective May 18, 2021.
13 Item 1.

March 01, 2022~3:30 PM Oroville City Council Meeting Agenda Page 3 of 5

7. TRANSPARENCY SOFTWARE FOR BUDGETING
The Council approved the use of ClearGov software for digital budgeting with a portal for citizen transparency and engagement and authorized the Mayor to sign the contract.

8. AMENDMENT AGREEMENT WITH HOPE CENTER (CITY WORKS)
The Council adopted Resolution No. 9028 - A RESOLUTION OF THE OROVILLE CITY

COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO AMEND THE AGREEMENT

WITH HOPE CENTER (CITY WORKS) TO CONTINUE TO PROVIDE SERVICES TO THE CITY OF OROVILLE. (Agreement 3204-1)

REGULAR BUSINESS

10. AUTHORIZE INCREASED PURCHASE AMOUNT FOR STREET DEPARTMENT

EQUIPMENT
Council considered and approved the increase in the budgeted purchase amount of City Street Department equipment.

Motion by Council Member Smith and second by Council Member Goodson to approve the $65,976.00 increase in the purchase price of new 2021 Street Sweeper and to approve the $7,985.68 increase in purchase price of new Paving and Compaction equipment. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None

11. AMEND AXON CONTRACT TO INCLUDE TASERS
The Council considered a change to the body camera lease agreement with Axon to include Tasers and drone licensing. The new contract will be a five-year contract and cost $324,430.42 over the life of the contract.

Motion by Council Member Goodson and second by Council Member Riggs to authorize staff to sign the new five-year contract with Axon for $324,430.42.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None

12. MID YEAR FINANCIAL REVIEW
The Council may receive a mid-year financial report.

Motion by Council Member Smith and second by Council Member Riggs to approve the following budget adjustments:

Expenditures
 Risk Management increase $87,644 to cover increased property insurance. 14 Item 1.

March 01, 2022~3:30 PM Oroville City Council Meeting Agenda Page 4 of 5  Public Works increase of $45,000 in the District Tax Fund to cover increases in position costs related to the City Engineer. This position was originally budgeted as part time and has increased.  Expenditures in the Supplemental Benefits Fund need to increase to cover outstanding approved expenditures. At the time the budget was created it was thought the projects would be completed in the previous year, but they have carried over into this fiscal year. Increase of $500,000.00 AYES: Smith, Pittman, Riggs, Thomson, Reynolds
NOES: Hatley, Goodson
ABSTAIN: None
ABSENT: None
PUBLIC HEARINGS – 5:15pm

9. PUBLIC HEARING FOR ANNEXATION OF TERRITORY INTO THE CITY’S ASSESSMENT

DISTRICTS
The City previously formed several maintenance districts to serve as a funding source to pay for the maintenance and servicing of certain improvements within certain residential housing tracts located throughout the City. The Consolidated Landscape and Lighting Maintenance Assessment District (the “LLMAD”) funds landscape and lighting improvements; the Consolidated Benefit Assessment District (the “BAD”) that funds drainage and storm water improvements and related services. The City also manages Community Facilities District No. 2006-1 and Community Facilities District No. 2006-2 (the CFD’s”). Those Districts provide fire, police and emergency services facilities and services, respectively. The Council will conduct a public hearing to finalize the annexation of the Village at Ruddy Creek development into these assessment districts.

RECOMMENDATION
Motion by Council Member Smith and second by Council Member Riggs to adopt Resolution No. 9030 Ordering the Annexation for the LLMAD; and adopt Resolution No. 9029 Ordering the Annexation for the BAD; and adopt Resolution No. 9031 Declaring Results of Special Election for CFD 2006-1; and adopt Resolution No. 9032 Declaring Results of Special Election for CFD 2006-2; and adopt Resolution No. 9033 Authorizing the Levy of Special Taxes for CFD 2006-1; and adopt Resolution No. 9034 Authorizing the Levy of Special Taxes for CFD 2006-2. Motion passed.

AYES: Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: Hatley (Recused)

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Riggs – Provided an update on upcoming First Friday Events, acknowledged staff member Wade Atteberry who is celebrating 22 years of service to the city this year. b. Smith – Provided Museum Week Updates; Provided Arbor Day Updates – March 19, 2022, at the Oroville Convention Center, spoke about the African American Family Culture Center celebration held recently and congratulated the new CEO on a great event.
c. Pittman – Mentioned updates to the Lott Home and Sank Park 15 Item 1.

March 01, 2022~3:30 PM Oroville City Council Meeting Agenda Page 5 of 5 d. Reynolds – Attended the African American Family Culture Center event held recently.

2. Future Agenda Items
a. Oak Tree Mitigation Ordinance – Mayor Reynolds

3. Administration Reports
a. Tenns – The Fire Department is 1 of 8 Fire Departments that received a grant from Cal Water
b. Nevers – The City received a grant from the Governor to make improvements to the entrance into Oroville on Highway 70 where the welcome sign is. c. Belser – Provided an update to council on the activity of the Code Enforcement Department over the past month.
d. Huber – Explained that an Ordinance will be coming to council soon related to police equipment.

4. Correspondence
i. CPUC Public Hearings Regarding PG&E's Rate increase request of 18% for Customers and PG&E's execution of 2021 Public Safety Power Shutoff (PSPS)

ADJOURN THE MEETING
Mayor Reynolds adjourned the meeting at 5:37pm.

APPROVED: ATTESTED:
___________________________________ _________________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 16 Item 1.

February 25, 2022~1:30 PM Oroville City Council Meeting Minutes Page 1 of 1

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
February 25, 2022

SPECIAL MEETING

MINUTES
This agenda was posted on February 24, 2022 at 10:50am.

CALL TO ORDER / ROLL CALL/ OPEN SESSION
Mayor Reynolds called the meeting to order at 1:31pm.

1. PRESENT: Council Member s Art Hatley, Krysi Riggs, Eric Smith, Janet Goodson, David Pittman, Mayor Chuck Reynolds
ABSENT: Vice Mayor Scott Thomson

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: Goodson, Smith, Pittman, Hatley, Riggs, Reynolds
NOES: None
ABSENT: Thomson
ABSTAIN: None

CLOSED SESSION

1. Pursuant to Government Code Section 54957(b), the Council met with City Administrator, Personnel Officer, and/or City Attorney to consider the public employment related to the following position: Police Chief

OPEN SESSION

1. Report from Closed Session – Mayor Reynolds announced that direction was given; no action was taken.

ADJOURNMENT
The Meeting was adjourned by Mayor Reynolds.

APPROVED: ATTESTED:
__________________________________ _________________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 17 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL
FROM: AMY BERGSTRAND, MANAGEMENT ANALYST III

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: FORECLOSURE OF 1891 GRAY STREET
DATE: MARCH 15, 2022

SUMMARY
The City Council may consider the foreclosure of the City’s interest on property located at 1891 Gray Street Oroville (APN 012-202-014).

DISCUSSION
In January of 2019 Staff was notified by Laura Lockwood’s daughter that her mother had passed away in September of 2018. Shannon stated that she had paid off the primary loan and intended to sell the house, however the house needed repairs before it could be put on the market for sale. Shannon was given time to make the necessary repairs and place the home on the market. Staff was assured on several occasions that work was being done to sell the home. In November of 2021 the house had still not been placed on the market. Staff notified Shannon that no more time could be allowed and that the house needed to be placed for sale by the end of 2021. Staff checked in January 2022, but no listings were found. In February 2022 Staff drove by to check on the house. While it has not been verified, it appears the house is occupied.

Address Amount Due to
Primary Lender
Amount of City
Loan
Total Loans Value Based on
Comparable
1891 Gray
Street
$0.00 $36,750.00 plus
5% interest
$33,784.83
(approx.) minus
interest
forgiveness
($9,242.88)
$45,897.22
(approx.)
$243,454.00

FISCAL IMPACT
18 Item 2.

There is no general fund impact. Approximately $5,000 will be needed to cure the default, including foreclosure fees from Fund 221, budget unit 7011, account number 6360, project code 1418910. There is a current available balance of $ $685,445.

RECOMMENDATION
Authorize the foreclosure of City’s loan interest on the property located at 1891 Gray Street, Oroville CA (APN 012-202-014); and
Adopt Resolution No. 9035 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA, AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY

ADMINISTRATOR TO EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO

NECESSARY TO INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 1891 GRAY STREET, OROVILLE (APN 012-202-014)

ATTACHMENTS
Resolution No. 9035
19 Item 2.

CITY OF OROVILLE
RESOLUTION NO. 9035

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA,

AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY ADMINISTRATOR TO

EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO NECESSARY TO

INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 1891 GRAY STREET, OROVILLE (APN 012-202-014) NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. The Mayor and/or City Administrator is hereby authorized and directed to execute all documents and any amendments thereto necessary to initiate and complete foreclosure proceedings on 1891 Gray Street, (APN 012-202-014) Oroville, California; and

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on March 15, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 20 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND

AMY BERGSTAND
DATE: MARCH 15, 2022

SUMMARY
The Council will consider an employment agreement between the City of Oroville and Amy Berstrand for the position of the Director of Business and Housing for the City of Oroville.

DISCUSSION
A recruitment for the position of Business and Housing Department Director was conducted for in house applicants earlier this year. The City received one application for the position from Amy Bergstrand. Bergstrand has been the acting Director of Business and Housing for the past eight years. Bergstrand is well suited and recommended for this position. The Business and Housing department has efficiently and effectively functioned under Bergstrand’s leadership.

Staff has prepared a contract to for Amy Bergstrand to fill the position of Director of Business and Housing. The terms of the contract include a starting salary of $118, 720 for a term of three years. If approved the contract will be from March 16, 2022, to March 15, 2025. In October of 2024, If Bergstrand wishes to continue the contract, she must submit a letter asking the Council for an extension. The Council would have to consider the letter and respond within 30 days to extend, renew the contract. Please review the attached proposed contract for additional details. The contract is consistent with contracts for all Department Heads.
21 Item 3.

FISCAL IMPACT:

Funding will come from the Business and Housing Department Budget.

RECOMMENDATION:

Adopt Resolution No. 9036 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY BERGSTRAND TO SERVE AS THE DIRECTOR OF BUSINESS AND HOUSING – (Agreement No. 3407).

ATTACHMENTS:

1. Agreement 3407
22 Item 3.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9036

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY BERGSTRAND (Agreement No. 3407)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Employment Agreement between the City of Oroville and Amy Bergstrand. The Agreement is attached hereto as Exhibit “A”.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on March 15, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Bill LaGrone, City Clerk
23 Item 3.

A-3407

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF OROVILLE AND AMY BERGSTRAND
The employment agreement (“Agreement”) is made and entered into on March 15, 2022, by and between the City of Oroville ("City") and Amy Berstrand ("Bergstrand") to be effective March 16, 2022, both of whom understand as follows:

WHEREAS, City desires to employ the services of Bergstrand as its Director of Business and Housing Department; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Bergstrand; and WHEREAS, Bergstrand desires to be employed as the Director of Business and Housing Department of City.

NOW THISEFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Bergstrand as the Director of Business and Housing Department of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign her.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective March 16, 2022, and shall continue until March 16, 2025. On or before October 16, 2024, Bergstrand shall give written notice to City if she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether or not it wishes to continue and/or extend the agreement and shall give written notice to Bergstrand of its decision. If the Council approves the continuation and/or extension, the parties shall meet in an effort to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Bergstrand shall not be entitled to any compensation except for any accrued vested benefits as listed above.

B. If Bergstrand resigns her position as Director of Business and Housing Department before the expiration date of the initial or any extended term of this Agreement; Bergstrand shall give City a sixty (60) day written notice in advance to City. In such event, Bergstrand shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Bergstrand make such request. 24 Item 3.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Bergstrand from her position, without cause, as Director of Business and Housing, the City shall pay Bergstrand a lump-sum cash payment equal to six (6) month’s salary. In addition, Bergstrand shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Bergstrand is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation except for any vested benefits. In any event, if the City chooses to terminate the agreement, Bergstrand shall have the opportunity to retire from City employment through PERS, in lieu of termination.

Section 3. Random Drug Testing Policy:

Bergstrand agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Bergstrand becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the Californian Fair Employment and Housing Act.

Section 5. Salary:

City agrees to place Bergstrand at Step A of the Assistant City Administrator salary schedule, an annual base salary of $118,720, upon the effective date noted above and payable at the same time and manner as other Council Appointed Employees of the City are paid.

Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Bergstrand by December 31
st of each year of the contract and during any extension period of the contract and upon the Council's concurrence with the satisfactory review, Bergstrand may receive a salary adjustment of up to one step of the salary schedule for her base salary, for an overall evaluation of ‘M’ or better. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Bergstrand. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Bergstrand. The City Administrator's evaluation of Bergstrand will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Bergstrand's final evaluation.

Section 7. Hours of Work; Administrative Leave:

Bergstrand shall be employed on a full-time basis, and for optimal customer service should perform such work, during normal business hours. However, it is recognized that Bergstrand shall be required to devote a great deal of time outside of normal office hours on business of City, and 25 Item 3.
to that end she shall be allowed to take 85 hours per calendar year of Administrative Leave, unless City and Bergstrand agree upon an alternate amount of leave (which shall be documented in writing). Such leave may be taken only upon approval of the City Administrator. Bergstrand shall have the option to cash out up to twenty (20) hours of administrative leave per calendar year.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Bergstrand shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, Bergstrand shall notify, in writing, the City Administrator of the time of absence needed and the expected date of return to work.

The immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Bergstrand suitable for her use while performing her duties as the Director of Business and Housing or compensate her if no vehicle is available at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Bergstrand shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Bergstrand shall be permitted to accumulate an unlimited amount of sick leave.

Bergstrand shall accumulate vacation leave at the rate of twenty-one (21) working days of vacation per year. Bergstrand shall be permitted to accumulate an unlimited amount of vacation leave.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Bergstrand and her eligible dependents.

Section 12. Holidays: Bergstrand is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Independence Day

7. Labor Day

8. Veteran's Day

9. Thanksgiving Day

10. The Day After Thanksgiving Day

11. Last Workday Before Christmas Day

12. Christmas Day
Bergstrand shall be compensated for each holiday at the straight time compensation rate. 26 Item 3.

Section 13. Technology Fee:

City shall provide a technology allowance to Bergstrand in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Bergstrand will pay 12% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. In the event that any legislation mandates that the employee share increase above 12% during the term of this agreement or any extensions, Bergstrand and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation and the 1959 Survivor Benefit at the 4th level for Bergstrand.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Bergstrand shall have the option to convert her unused sick leave balance to CalPERS service credit. In the alternative, Bergstrand may convert her unused sick leave balance to a dollar value account at the rate of one month premium for each three (3) days of accrued but unused sick leave remaining on the books at the date of retirement to pay premiums for medical, dental and vision insurance. Bergstrand may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Bergstrand elects to convert her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Bergstrand shall have the option of continuing medical, dental and vision insurance coverage at her own expense, consistent with current City policy and Federal law. If, after her retirement, Bergstrand becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Bergstrand. The City shall contribute 3% of Bergstrand’s base salary to Bergstrand’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Bergstrand contributes to Bergstrand’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Bergstrand shall only accept outside employment that involves teaching or training related to her profession and any existing agreements. Any outside employment shall not interfere with Bergstrand’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Bergstrand necessary for her continuation and full participation in national, regional, state and local associations and organizations as are desirable for her continued professional participation, 27 Item 3.
growth and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated therefore in the annual budget.

Section 19. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Bergstrand for professional and official travel, meetings, and occasions to continue the professional development of Bergstrand, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Bergstrand serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Bergstrand for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Bergstrand, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Business and Housing Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Bergstrand is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all Bergstrand's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Bergstrand against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Bergstrand's duties as Business and Housing Director, except for any civil action or proceeding brought against Bergstrand for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Bergstrand under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Bergstrand that Bergstrand is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Bergstrand serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations. 28
Item 3.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO BERGSTRAND: Amy Bergstrand at her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Bergstrand.

C. This Agreement shall not be assigned by Bergstrand or City.

D. This Agreement shall not be modified without the written consent of Bergstrand and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held March 16, 2022.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
Charles Reynolds, Mayor Amy Bergstrand,
Director of Business and Housing
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
A-3407 29
Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: EMPLOYMENT AGREEMENT WITH DAWN NEVERS AS

ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR
DATE: MARCH 15, 2022

SUMMARY
The Council will consider an Employment Agreement Amendment with Dawn Nevers as the Assistant Community Development Director.

DISCUSSION
Nevers’ contract requires an annual evaluation. The evaluation was provided to the Council by the City Administrator. Nevers received a positive evaluation.

During this evaluation period Nevers demonstrated impressive knowledge of her field of expertise for City of Oroville. Nevers consistently strives to convey information in a reasonable and helpful way for Council members and public to understand. Some of Nevers’ most admirable traits is her calm demeanor, efficient delivery of work product and verbal communication.

Nevers has proven to be a substantial asset to City of Oroville, providing necessary leadership to her department. Nevers’ honesty and integrity are beyond reproach in this very integral part of our City Government. Nevers has shown substantial growth over the past year. Nevers has been operating the Community Development Department without a Department Head for the past year.

Based upon Nevers performance, staff recommends a salary increase for Nevers.

Nevers’ salary be set at Step E of the Assistant Community Development Director schedule, $102,555.00, effective March 16, 2022. All other terms and conditions remain the same as previously stated in the agreement. See attached Amendment for additional details.

FISCAL IMPACT
30 Item 4.

Net fiscal annual impact of $9,535.00 for salary.

RECOMMENDATIONS
Adopt Resolution No. 9037– A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO

THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND DAWN NEVERS – (Agreement No. 3299-1).

ATTACHMENTS
Resolution No. 9037
Agreement No. 3299
Agreement No. 3299-1
31 Item 4.

OROVILLE CITY COUNCIL
RESOLUTION NO.9037

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND DAWN NEVERS
(Agreement No. 3299-1)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Dawn Nevers. The Agreement is attached hereto as Exhibit “A”.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on March 15, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Bill LaGrone, City Clerk
32 Item 4.

AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF

OROVILLE AND DAWN NEVERS
(Agreement No. 3299-1)
This Amendment, dated March 15, 2022, is to the Employment Agreement between the City of Oroville (“City”) and Dawn Nevers. (“Nevers”).

In consideration of the terms and conditions herein, the City and Nevers that the amendment to the agreement is effective March 16, 2022, and shall be amended as follows:

1. SECTION 5 IS REPLACED WITH THE FOLLOWING:

SALARY
City agrees to place NEVERS at Step E of the Assistant Community Development Director salary schedule, an annual base salary of $102,555, effective March 15, 2022, and payable at the same time and manner as other Council Appointed Employees of the City are paid.

2. Conflicts between this Amended Agreement and Agreement No. 3299 shall be controlled by this Amendment. All other provisions within Agreement No. 3299 shall remain in full force and effect.

This Amendment to Agreement 3299 is approved by the City Council of the City of Oroville at a regular meeting held on March 16, 2022.

CITY OF OROVILLE DAWN NEVERS
By: By:

Chuck Reynolds, Mayor Dawn Nevers
APPROVED AS TO FORM:

By:

Scott E. Huber, City Attorney
33 Item 4.
34 Item 4.

EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF OROVILLE AND DAWN NEVERS
The employment agreement (“Agreement”) is made and entered into on January 28, 2020, by and between the City of Oroville ("City") and DAWN NEVERS (" NEVERS") to be effective February 10, 2020, both of whom understand as follows:

WHERE AS, City desires to employ the services of NEVERS as its Assistant Community Development Director – Development Services Department and WHERE AS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for NEVERS; and WHERE AS, NEVERS desires to be employed as the Assistant Community Development Director – Development Services Department of City.

Now therefore, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ NEVERS as Assistant Community Development Director – Development Services Department of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective February 10, 2020 and shall continue until February 09, 2023, at which time NEVERS may request an extension of this contract. On or before July 1, 2022, NEVERS shall give written notice to City if she wishes to extend the agreement on the same terms and conditions for an additional period. Thereafter the Council shall determine, within 30 days, whether or not it wishes to continue and/or extend the agreement and shall give written notice to NEVERS of its decision. If the Council approves the continuation and/or extension, the parties shall meet in an effort to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this agreement shall terminate as outlined above, and thereafter NEVERS shall not be entitled to any compensation except for any accrued vested benefits as listed above.

B. If NEVERS resigns her position as Assistant Community Development Director – Development Services Department before the expiration date of the initial or any extended term of this agreement; NEVERS shall give City a 60-day written notice in advance to City. In such event, NEVERS shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may 35 Item 4.
reduce the required notice to not less than 30 days without penalty should NEVERS make such request.

C. As an at-will employee, City may terminate this agreement at any time with or without cause. If the City discharges NEVERS from her position, without cause, as Assistant Community Development Director – Development Services Department, the City shall pay NEVERS a lump-sum cash payment equal to six month’s salary. In addition, NEVERS shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation and administration leave. However, in the event NEVERS is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation except for any vested benefits. In any event, if the City chooses to terminate the agreement, NEVERS shall have the opportunity to retire from City employment through PERS, in lieu of termination.

Section 3. Random Drug Testing Policy:

NEVERS agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If NEVERS becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the agreement, subject to the severance pay provisions of Section 2. C.; provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the Californian Fair Employment and Housing Act.

Section 5. Salary:

City agrees to place NEVERS at Step C of the Assistant Community Development Director salary schedule, an annual base salary of $93,020, upon the effective date noted above and payable at the same time and manner as other Council Appointed Employees of the City are paid.

Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of NEVERS by February 1
st of each year of the contract and during any extension period of the contract and upon the Council's concurrence with the satisfactory review, NEVERS may receive a salary adjustment of up to one step of the salary schedule for her base salary, for an overall evaluation of ‘M’ or better. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and NEVERS. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with NEVERS. The City Administrator's evaluation of NEVERS will be shared with the Mayor and Council. The Mayor and Council may add additional comments to NEVERS’s final evaluation. 36 Item 4.

Section 7. Hours of Work; Administrative Leave:

NEVERS shall be employed on a full-time basis, and for optimal customer service should perform such work, during normal business hours. However, it is recognized that NEVERS shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per calendar year of Administrative Leave, unless City and NEVERS agree upon an alternate amount of leave. Such leave may be taken only upon approval of the City Administrator. NEVERS shall have the option to cash out up to 20 hours of administrative leave per calendar year.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or when death appears imminent, NEVERS shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, NEVERS shall notify, in writing, the City Administrator of the time of absence needed and the expected date of return to work.

The immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to NEVERS suitable for her use while performing her duties or compensate her if no vehicle is available at $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5 T(k)(6).

Section 10. Vacation and Sick Leave:

NEVERS shall accumulate sick leave at the rate of one (1) workday for each month of employment. NEVERS shall be permitted to accumulate an unlimited amount of sick leave.

NEVERS shall accumulate vacation leave at the rate of 15 working days of vacation per year.

NEVERS shall be permitted to accumulate an unlimited amount of vacation.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for NEVERS and her eligible dependents. 37 Item 4.

Section 12. Holidays: NEVERS is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Independence Day

7. Labor Day

8. Veteran's Day

9. Thanksgiving Day

10. The Day After Thanksgiving Day

11. Last Workday Before Christmas Day

12. Christmas Day
NEVERS shall be compensated for each holiday of straight time compensation.

Section 13. Technology Fee:

City shall provide a technology allowance to NEVERS in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.

Section 14. Retirement:

NEVERS will pay 12% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. In the event that any legislation mandates that the employee share increase above 12% during the term of this agreement or any extensions, NEVERS and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation and the 1959 Survivor Benefit at the 4
th level for NEVERS.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, NEVERS shall have the option to convert her unused sick leave balance to CalPERS service credit or she may convert it to a dollar value account at the rate of one month premium for each three (3) days of accrued but unused sick leave remaining on the books at the date of retirement, to pay premiums for medical, dental and vision insurance. NEVERS may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If NEVERS elects to convert her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, NEVERS shall have the option of continuing medical, dental and vision insurance coverage at her own expense, consistent with current City policy and Federal law. If, after her retirement, NEVERS becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.
38 Item 4.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for NEVERS. The City shall contribute 3% of NEVERS’s base salary to NEVERS’s Deferred Compensation Plan. In addition, the City shall match the first 2% that NEVERS contributes to NEVERS’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the agreement, and any extensions thereof, NEVERS shall only accept outside employment that involves teaching or training related to her profession and any existing agreements. Any outside employment shall not interfere with NEVERS’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of NEVERS necessary for her continuation and full participation in national, regional, state and local associations and organizations as are desirable for her continued professional participation, growth and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated therefore in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of NEVERS for professional and official travel, meetings, and occasions to continue the professional development of NEVERS, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which NEVERS serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of NEVERS for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by NEVERS, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Administration's portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies. 39 Item 4.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and NEVERS is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all of NEVERS’s civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify NEVERS against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of NEVERS's duties as Assistant Community Development Director – Administration Department, except for any civil action or proceeding brought against NEVERS for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of NEVERS under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and NEVERS that NEVERS is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, NEVERS serves at the pleasure of the City Council and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to the agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO NEVERS: DAWN NEVERS at her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to the agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.
40 Item 4.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. The agreement shall be binding upon and inure to the benefit of the heirs at law and executors of NEVERS.

C. The agreement shall not be assigned by NEVERS or City.

D. The agreement shall not be modified without the written consent of NEVERS and City.

E. If any provision, or any portion thereof, contained in the agreement is held unconstitutional, invalid or unenforceable, the remainder of the agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held November 19, 2019.

CITY OF OROVILLE DAWN NEVERS
Charles Reynolds, Mayor DAWN NEVERS,
Assistant Community Development Director
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
41 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY

OF OROVILLE AND MARCINIAK CONSULTING SERVICES
DATE: MARCH 15, 2022

SUMMARY
The City Council will consider an agreement with Robert Marcinak of Marciniak Consulting Services for Supplemental Benefit coordination services.

DISCUSSION:

At the January 26, 2022, meeting of the Supplemental Benefit Fund (SBF) committee direction was given to enter into a Consulting contract with Marciniak Consulting services. Mr. Marciniak will provide up to 10 hours per month preparing all necessary agendas, communicating with all partners, facilitating all SBF meetings, updating and monitoring all approved agreements, preparing any future notice of funding releases, and updating all necessary records.

Mr. Marciniak is very familiar with the SBF and is well suited for the task. Mr. Marciniak previously retired from the City of Oroville as the SBF coordinator with extensive experience with the SBF. Mr. Marciniak has provided a proposal to perform all services at a rate of $80.00 per hour. For additional details see attached proposal.

FISCAL IMPACT
Funding is available in the Supplemental Benefit Fund for these services

RECOMMENDATION
Adopt Resolution No. 9038 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT BETWEEN THE CITY OF OROVILLE AND MARCINIAK CONSULTING SERVICES (Agreement 3242-2)
42 Item 5.

ATTACHMENTS
Resolution No. 9038
Agreement No. 3242-2
43 Item 5.

R-XXXX

OROVILLE CITY COUNCIL
RESOLUTION NO. 9038

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF OROVILLE AND MARCINIAK CONSULTING

SERVICES
Agreement No. 3242-2
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a professional services agreement between the City of Oroville and Marciniak Consulting Services. A copy is attached hereto as Exhibit “A”.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on March 15, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 44 Item 5.
45 Item 5.
46 Item 5.
47 Item 5.
48 Item 5.
49 Item 5.
50 Item 5.
51 Item 5.
52 Item 5.
53 Item 5.

AGREEMENT NO. 3242-2

AGREEMENT FOR CONSULTING SERVICES FOR THE SUPPLEMENTAL

BENNEFIT FUND
This Agreement is made and entered on March 15, 2022, by and between the City of Oroville (“City”) and the Marciniak Consulting Services (“Consultant”).

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following services in a professional manner:

1. Consultation and work services related to the Supplemental Benefits Fund

2. Review and processing of approved grant request invoices

3. Updating of all electronic & physical files

4. Updating of all financial records

5. Updating, as appropriate, of the SBF web page

6. Preparation of:

7. Correspondence

8. Meeting agendas

9. Staff Reports and related documents

10. Contracts

11. Contract Revisions

12. Site visits as required or assigned to grantee projects Consultant shall perform the services described above. Consultant shall provide all necessary day to day services necessary to efficiently operate the Supplemental Benefit Fund. The Consultant shall be available to Supplemental Benefit Fund Committee members, Grantees, and City Staff to ensure the timely availability of information regarding the fund. The Consultant shall ensure the completeness of grant projects and adherence to grant guidelines. Consultant will regularly report the financial position of the fund and the status of all grant funded projects.

13. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until June 30, 2024. 54 Item 5.

AGREEMENT NO. 3242-2

14. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

15. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the number of clients serviced, the date the services were performed. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

16. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of Consultant’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

17. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.

18. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working 55 Item 5.

AGREEMENT NO. 3242-2
notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.
 Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (Documents and Data).

Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.  Confidentiality. All ideas, memoranda, specifications, plans, procedures, 56 Item 5.

AGREEMENT NO. 3242-2
drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate 57 Item 5.

AGREEMENT NO. 3242-2
performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.
58 Item 5.

AGREEMENT NO. 3242-2

10. Interest of Consultant. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.
59 Item 5.

AGREEMENT NO. 3242-2

12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are required by the City for its business.

14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising from its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising from the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

15. Insurance Requirements.
a. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit C attached hereto.

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall 60 Item 5.

AGREEMENT NO. 3242-2
be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: Bill LaGrone
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Robert Marciniak
Marciniak Consulting Services
242 Cottage Creek Drive
Oroville, CA 95966

17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.

18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in 61 Item 5.

AGREEMENT NO. 3242-2
this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte.

23. Litigation Expenses and Attorney’s Fees. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation.

The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor in 62 Item 5.

AGREEMENT NO. 3242-2
interest. AAA shall provide the parties with the names of five qualified mediators.

Each party shall have the option to strike two of the five mediators selected by AAA and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the 63 Item 5.

AGREEMENT NO. 3242-2
term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.

28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE OROVILLE

RESUCE MISSION
By: ____________________________ By: _____________________________ Chuck Reynolds, Mayor Robert Marciniak, Owner
APPROVED AS TO FORM: ATTEST:

By: ____________________________ By: _______________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk Attachments:Exhibit A: Scope of Services
Exhibit B: Schedule of Charges
Exhibit C: Insurance Requirements
64 Item 5.

AGREEMENT NO. 3242-2
EXHIBIT A: SCOPE OF SERVICES

1. Consultation and work services related to the Supplemental Benefits Fund

2. Review and processing of approved grant request invoices

3. Updating of all electronic & physical files

4. Updating of all financial records

5. Updating, as appropriate, of the SBF web page

6. Preparation of:

7. Correspondence

8. Meeting agendas

9. Staff Reports and related documents

10. Contracts

11. Contract Revisions

12. Site visits as required or assigned to grantee projects 65 Item 5.

AGREEMENT NO. 3242-2
EXHIBIT B: SCHEDULE OF CHARGES
City will pay Consultant Monthly payments as billed by Consultant. Payment will be made within 30 days after receipt of billing.

Monthly price for all items detailed in the proposal for services is $800.00. If requested or required to attend meetings beyond the detailed scope listed an hourly rate of $65.00 will be charged.
66 Item 5.

AGREEMENT NO. 3242-2
EXHIBIT C: INSUREANCE REQUIREMENTS
The Consultant shall provide proof of insurance in an amount of at least $1,000,000.00. The Consultant shall ensure the City is named as an additional insured party
67 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL
FROM: BILL LAGRONE, CITY ADMINISTRATOR
DAWN NEVERS, AST. COMMUNITY DEVELOPMENT DIRECTOR
RE: BUTTE COUNTY OFFICE OF EDUCATION LEASE AGREEMENT FOR

THE CENTENNIAL CULTURAL CENTER
DATE: MARCH 15, 2022

SUMMARY
The City of Oroville may consider and approve the final lease agreement with the Butte County Office of Education (BCOE) to lease the Centennial Cultural Center.

DISCUSSION
In November 2021, the BCOE submitted a proposal to lease the Centennial Cultural Center.

Their intent is to utilize the unoccupied area of the building to 60- 150 people monthly to downtown Oroville for trainings.

On November 16, 2021, Council approved the draft lease agreement following the receipt of a Letter of Intent to the City Council in the November 2, 2021.

Overview of the terms of the exclusive operating agreement are contained in the attached agreement. The term of the agreement are as follows:

Term: The initial lease term shall be one (1) year. Tenant shall have two (2) options to renew for additional
one (1) year extension terms.

Base Rent: Year one rent will be $0.50 per square foot per month for the initial term. Approximately 3,000 square feet
of building space to be leased.

This is a Modified Gross Lease. Landlord shall be responsible for property taxes, insurance and landscaping; and Tenant shall be
responsible for all utilities including PG&E, water,
telephone, IT custodial and trash service proportional
to the square footage occupied by Tenant.
68 Item 6.

Tenant Insurance: Tenant shall be obligated to provide liability insurance in the amount of $2,000,000 naming
Landlord as additional insured.

Modified Lease Language
Purchase and Sale Agreement. Within thirty (30) days of the Exercise of Option, parties shall execute a purchase and sale agreement
(“Purchase and Sale Agreement”) wherein Tenant
shall purchase from Landlord, and Landlord shall sell
to Tenant, the Premises.

Acceptance of Premises. Although state law does not require a CASp inspection of the Premises, the Landlord may not prohibit
Tenant from obtaining a CASp inspection of the
Premises for the occupancy or potential occupancy
of Tenant, if requested by Tenant. If Tenant desires
a CASp inspection of the Premises, the parties shall
mutually agree on the arrangements for the time and
manner of the CASp inspection. The parties agree to
negotiate the payment of the fee for the CASp
inspection, and the cost of making any repairs
necessary to correct violations of constructionrelated accessibility standards within the Premises.

Option to Purchase: Application of Purchase Deposit and Rent to Purchase Price. The Purchase Deposit and the rent
paid during the Term of this Lease shall be credited
towards the Purchase Price. The balance of the
Purchase Price not paid as rent constitutes the “Net
Purchase Price” due and payable by Tenant to close
escrow on purchase of the Premises. In the event
Landlord materially defaults in its obligations to
Tenant under the Purchase and Sale Agreement,
Tenant shall be entitled to a refund of the Purchase
Deposit or as otherwise specified in the Purchase
and Sale Agreement.

For additional details of exclusive operating / lease agreement see attachment.

FISCAL IMPACT
The City will realize fund revenue in the amount of $1,500.00 per month for the first agreement year.

RECOMMENDATION
69 Item 6.

Approve Agreement No.3397 City of Oroville Public Facility Exclusive Operating and Lease Agreement as state above. (Resolution No. 9007)
ATTACHMENTS:

Agreement No. 3397
70 Item 6.
00143160.1 00070349.1 - Page 1 of 21 -
Agreement No. 33977-1

CITY OF OROVILLE PUBLIC FACILITY

EXCLUSIVE OPERATING AND LEASE AGREEMENT
THIS EXCLUSIVE OPERATING AND LEASE AGREEMENT (“Lease”) is made this 15 day of March 2022 (“Effective Date”), between the City of Oroville (“Landlord”), and the Butte County Office of Education (“Tenant”).

BUSINESS TERMS
Landlord: CITY OF OROVILLE
Landlord’s Address:

City of Oroville
Attn: City Administrator
1735 Montgomery Street
Oroville, California, 95965
Tenant: Butte County Office of Education
Tenant’s Address:

Butte County Office of Education
Attn: Tad Alexander, Assoc. Supt.
1859 Bird Street
Oroville, CA 95965
Premises: Centennial Cultural Center
1931 Arlin Rhine Memorial Drive
Permitted Use: Office administration and training/conference space.

Current Zoning: R4 – High Density (current use is existing non-conforming) Term: The initial lease term shall be one (1) year from the Commencement Date. Tenant shall have two (2) options to renew for additional one (1) year extension terms.

Rent Commencement: Rent, as subject to Paragraph 4, shall commence on the Commencement Date.

Commencement Date: Commencement Date shall be the date the Landlord delivers the Premises to Tenant, which in no event shall be later than thirty (30) days from the Effective Date.
71 Item 6.
00143160.1 00070349.1 - Page 2 of 21 -
Agreement No. 33977-1
Base Rent: Year one rent will be $0.50 per square foot per month for the initial term. Approximately 3,000 square feet of building space to be leased.

Renewal Option: The renewal options shall be subject to a rate adjustment for Base Rent. The first year is a joint effort of the Landlord and the Tenant to determine the viability of this endeavor.

Option to Purchase: Tenant shall have an Option to Purchase, pursuant to Paragraph 5.

Net Lease: This is a Modified Gross Lease. Landlord shall be responsible for property taxes, insurance and landscaping; and Tenant shall be responsible for all utilities including PG&E, water, telephone, IT custodial and trash service
proportional to the square footage occupied by Tenant.

Tenant Insurance: Tenant shall be obligated to provide liability insurance in the amount of $2,000,000 naming Landlord as additional
insured.

Security Deposit: Security deposit shall be equal to one (1) month’s rent.

Security Deposit is held to mitigate damage that may result to the Premises leased by Tenant from business operations.

Deposit is returned in full with no interest when Premises have been vacated and inspected by Landlord to assess its condition.

Fund Availability: Should Tenant’s state and/or federal funding source be reduced substantially enough to make its program
inoperable, then Tenant has the ability to terminate the Lease with ninety (90) days’ written notice.

Condition of Premises: Landlord is to empty and clean unoccupied Premises prior to occupancy by Tenant. In addition, Landlord to repave and stripe parking lot prior to the end of 2022 surrounding the Premises. Any additional improvements by Tenant shall be at Tenant’s sole cost and expense. A Tenant Improvement Plan shall be submitted to the Landlord for approval prior to work being performed.

Building Signage: Signage shall be in conformance with the Zoning Code, sign regulations, and approved by Landlord prior to installation or placement. All signage shall be at Tenant’s expense.
72 Item 6.
00143160.1 00070349.1 - Page 3 of 21 -
Agreement No. 33977-1

1. Granting Clause; Term. In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant takes from Landlord, the Premises, to have and to hold for the Lease Term, subject to the terms, covenants and conditions of this Lease. The Lease Term shall be for one (1) year commencing from the Commencement Date. Provided Tenant is not in default under the Lease, the Tenant shall have two (2) one (1) year options to extend.

2. Acceptance of Premises. Tenant shall accept the Premises in its condition as of the Commencement Date, subject to all applicable laws, ordinances, regulations, covenants and restrictions, provided, however, that Landlord is to empty and clean unoccupied Premises prior to occupancy by Tenant. In addition, Landlord is to repave and stripe the parking lot surrounding the Premises prior to the end of 2022.

Landlord has made no representation or warranty as to the suitability of the Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Premises are suitable for Tenant's intended purposes. In no event shall Landlord have any obligation for any defects in the Premises or any limitation on its use. Provided that Landlord performs the work noted above, the taking of possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for items that are Landlord's responsibility, including items relating to unrepaired fire damage. An ADA Survey has not been conducted by a Certified Access Specialist (CASp) for the Premises and/or surrounding Common Areas.

Although state law does not require a CASp inspection of the Premises, the Landlord may not prohibit Tenant from obtaining a CASp inspection of the Premises for the occupancy or potential occupancy of Tenant, if requested by Tenant. If Tenant desires a CASp inspection of the Premises, the parties shall mutually agree on the arrangements for the time and manner of the CASp inspection. The parties agree to n negotiate the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the Premises.

3. Use. The Premises shall be used only for the purpose of providing activities consistent with current activities provided by the Butte County Office of Education.

The facility will primarily be used for, but no limited to, trainings and gatherings.

The facility will be utilized for all activities that will enhance the quality of life for all the citizens of the City of Oroville. Tenant will use the Premises in a careful, safe and proper manner and will not commit waste, overload the floor or structure of the Premises or subject the Premises to use that would damage the Premises.

Tenant shall not permit any objectionable or unpleasant odors, smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Premises. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans With Disabilities Act, orders, judgments, ordinances, 73 Item 6.
00143160.1 00070349.1 - Page 4 of 21 -
Agreement No. 33977-1
regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, “Legal Requirements”) unless such Legal Requirements are met due to their “grandfathered” nature. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises unless such Legal Requirements are met due to their “grandfathered” nature. Tenant must receive Landlord’s written authorization and approval for all alteration or modifications to the Premises. Tenant is responsible for compliance with all Americans with Disabilities requirement related to tenants programing and uses. Landlord is responsible for American with Disabilities requirements related to structural changes as required by law and not met due to a “Grandfathered” exception.

4. Base Rent. Tenant shall pay Base Rent in the amount set forth above. Tenant’s first payment of Base Rent shall be made on or before the Commencement Date and shall be prorated for the fractional calendar month. Tenant promises to pay to Landlord in advance, without demand, deduction or set-off, monthly installments of Base Rent on or before the first day of each calendar month succeeding the Commencement Date. Payments of Base Rent for any fractional calendar month shall be prorated. All payments required to be made by Tenant to Landlord hereunder (or to such other party as Landlord may from time to time specify in writing) shall be made by check of immediately available funds before 4:00 p.m., Pacific Time, at City of Oroville, Finance Department, 1735 Montgomery Street, Oroville, California, 95965, or as Landlord may from time to time designate to Tenant in writing. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abate, reduce, or set-off any rent due hereunder except as may be expressly provided in this Lease. a. Fund Availability. Should Tenant’s state and/or federal funding source for payment of rent and costs under this Lease be reduced substantially enough to make its program inoperable, based on Tenant’s annual fiscal budget, then Tenant shall have the unilateral right to terminate the Lease upon ninety (90) days’ written notice to Landlord. The early termination notice and payments thereon are acknowledged by both parties as the entire amount due and, upon payment of all amounts due, Tenant is absolved from the obligations outlined in this Lease.

5. Tenant’s Option to Purchase. Tenant shall have the option to purchase the Premises (“Option”) at any time during the Term, including extensions thereto. a. Exercise of Option. Provided Tenant is not in default under any term or provision of this Lease, Tenant may exercise the Option by delivering a written notice of such exercise (“Purchase Notice”) and a non-refundable purchase 74 Item 6.
00143160.1 00070349.1 - Page 5 of 21 -
Agreement No. 33977-1
deposit in the amount of One Thousand Dollars ($1,000) (“Purchase Deposit”) to Landlord which shall be applied to the Purchase Price. b. Consideration. Upon execution of this Lease, Tenant shall remit payment in the sum of One Dollar ($1.00) to Landlord (“Option Price”). Tenant and Landlord expressly acknowledge and agree that the Option Price has been bargained for as consideration for the Option, and that such consideration is adequate for all purposes under any applicable law or judicial decision. The Option Price is nonrefundable in all events and will be applicable toward the Purchase Price. c. Purchase and Sale Agreement. Within thirty (30) days of the Exercise of Option, parties shall execute a purchase and sale agreement (“Purchase and Sale Agreement”) wherein Tenant shall purchase from Landlord, and Landlord shall sell to Tenant, the Premises.
d.Purchase Price. The Purchase Price for the Premises shall be determined via an appraisal to be commissioned by the Tenant the costs of which shall be shared equally by Tenant and Landlord. The appraiser shall be an independent M.A.I. certified appraiser.
d.e. Application of Purchase Deposit and Rent to Purchase Price. The Purchase Deposit and the rent paid during the Term of this Lease shall be credited towards the Purchase Price. The balance of the Purchase Price not paid as rent constitutes the “Net Purchase Price” due and payable by Tenant to close escrow on purchase of the Premises. In the event Landlord materially defaults in its obligations to Tenant under the Purchase and Sale Agreement, Tenant shall be entitled to a refund of the Purchase Deposit or as otherwise specified in the Purchase and Sale Agreement.

6. Security Deposit. Tenant shall deposit with Landlord the sum set forth above.

The first monthly installment shall be due concurrently with the extension of this Lease for year two. The second monthly installment shall be due with Tenant’s payments beginning with the commencement of rent. The security deposit shall be held by Landlord as security for the faithful performance by Tenant of all of the terms, covenants and conditions to be performed by Tenant. The security deposit shall not be assigned, transferred or encumbered by Tenant, and any attempt to do so shall not be binding upon Landlord. If, at any time during the term of this Lease, any rent or portion of any rent payable by Tenant to Landlord shall not be timely paid, then, Landlord may, at its option (but shall not be required to), appropriate and apply any portion of the security deposit to the payment of such overdue rent.

Under no circumstances shall Tenant apply the security deposit as Rent for the final months of the Lease. In the event of the failure of Tenant to keep and perform any of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, then, at the option of Landlord, Landlord may (but shall not be required to) appropriate and apply the security deposit, or so much so as may be necessary, to compensate Landlord for all loss or damage sustained or suffered by Landlord due 75 Item 6.
00143160.1 00070349.1 - Page 6 of 21 -
Agreement No. 33977-1
to such default on the part of Tenant. Should the entire security deposit, or any portion thereof, be appropriated and applied by Landlord for the purposes set forth herein, or for any other lawful purpose, then Tenant shall, within 10 days after written demand by Landlord, deliver to Landlord a sufficient sum in cash to restore the security deposit to the original sum of the security deposit. Landlord shall not be obligated to keep the security deposit in a separate fund but may commingle the security deposit with its own funds. The failure of Tenant to maintain the security deposit in the initial amount as stated above shall constitute a failure to pay rent and shall carry with it the consequences set forth in this Lease for failure to pay rent.

Upon expiration of the Lease, the security deposit, if not applied toward the payment of Rent in arrears or toward the payment of damages suffered by Landlord by reason of Tenant’s breach of this Lease, is to be returned to Tenant without interest, but in no event shall the security deposit be returned until Tenant has vacated the Leased Premises, delivered possession thereof to Landlord, and fully satisfied Tenant’s obligations under this Lease.

7. Utilities. Landlord will pay agreed upon amount of utilities due to the colocation of City Services at facility. Tenant shall pay for all water, gas, electricity, heat, light, power, telephone, sprinkler services, refuse and trash collection, and other utilities and services used on the Premises, all maintenance charges for utilities, and any other similar charges for utilities imposed by any governmental entity or utility provider, together with any taxes, penalties, surcharges or the like pertaining to Tenant's use of the Premises, above agreed upon prorated amount.

Landlord may cause at Tenant's expense any utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay its proportionate share of all charges for jointly metered utilities based upon consumption, as reasonably determined by Landlord.

8. Taxes. If any such tax or excise is levied or assessed directly against Tenant, including but not limited to possessory tax, then Tenant shall be responsible for and shall pay the same at such times and in such manner as the taxing authority shall require. Tenant shall be liable for all taxes levied or assessed against any personal property or fixtures placed in the Premises, whether levied or assessed against Landlord or Tenant.

9. Insurance. Landlord shall maintain all risk property insurance covering the full replacement cost of the Building. Landlord may, but is not obligated to, maintain such other insurance and additional coverages as it may deem necessary, including, but not limited to, commercial liability insurance and rent loss insurance. All such insurance shall be included as part of the Operating Expenses charged to Tenant.

The Premise or Building may be included in a blanket policy (in which case the cost of such insurance allocable to the Premise or Building will be determined by Landlord based upon the insurer's cost calculations). Tenant shall also reimburse Landlord for any increased premiums or additional insurance which Landlord reasonably deems necessary as a result of Tenant's use of the Premises. 76 Item 6.
00143160.1 00070349.1 - Page 7 of 21 -
Agreement No. 33977-1
Tenant, at its expense, shall maintain during the Lease Term: all risk property insurance covering the full replacement cost of all property and improvements installed or placed in the Premises by Tenant at Tenant's expense; workers' compensation insurance with no less than the minimum limits required by law; employer's liability insurance with such limits as required by law; and commercial liability insurance, with a minimum limit of $1,000,000 per occurrence and a minimum umbrella limit of $1,000,000, for a total minimum combined general liability and umbrella limit of $2,000,000 (together with such additional umbrella coverage as Landlord may reasonably require) for property damage, personal injuries, or deaths of persons occurring in or about the Premises. Landlord may from time to time require reasonable increases in any such limits. The commercial liability policies shall name Landlord as an additional insured, insure on an occurrence and not a claims-made basis, be issued by insurance companies which are reasonably acceptable to Landlord, not be cancelable unless 30 days' prior written notice shall have been given to Landlord, contain a hostile fire endorsement and a contractual liability endorsement and provide primary coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant's policies). SUCH POLICIES OR CERTIFICATES

THEREOF SHALL BE DELIVERED TO LANDLORD BY TENANT UPON

COMMENCEMENT OF THE LEASE TERM AND UPON EACH RENEWAL
OF SAID INSURANCE.

The all-risk property insurance obtained by Landlord and Tenant shall include a waiver of subrogation by the insurers and all rights based upon an assignment from its insured, against Landlord or Tenant, their officers, directors, employees, managers, agents, invitees and contractors, in connection with any loss or damage thereby insured against. Neither party nor its officers, directors, employees, managers, agents, invitees or contractors shall be liable to the other for loss or damage caused by any risk coverable by all risk property insurance, and each party waives any claims against the other party, and its officers, directors, employees, managers, agents, invitees and contractors for such loss or damage. The failure of a party to insure its property shall not void this waiver. Landlord and its agents, employees and contractors shall not be liable for, and Tenant hereby waives all claims against such parties for, business interruption and losses occasioned thereby sustained by Tenant or any person claiming through Tenant resulting from any accident or occurrence in or upon the Premises from any cause whatsoever, including without limitation, damage caused in whole or in part, directly or indirectly, by the negligence of Landlord or its agents, employees or contractors.

10. Construction Allowance. None.

11. Landlord's Repairs. Landlord shall maintain, at its expense, the structural soundness of the roof, foundation, and exterior walls of the Building in good repair, reasonable wear and tear and uninsured losses and damages caused by Tenant, its agents and contractors excluded. The term “walls” as used in this Paragraph 11 shall not include windows, glass or plate glass, doors or overhead doors, special store fronts, or office entries. Tenant shall promptly give Landlord written notice 77 Item 6.
00143160.1 00070349.1 - Page 8 of 21 -
Agreement No. 33977-1
of any repair required by Landlord, after which Landlord shall have a reasonable opportunity to repair.

12. Tenant-Made Alterations and Trade Fixtures. Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises (“Tenant-Made Alterations”) shall be subject to Landlord's prior written consent and at the expense of the tenant.

13. Signs. Tenant shall not make any changes to the exterior of the Premises, install any exterior lights, decorations, balloons, flags, pennants, banners, or painting, or erect or install any signs, windows or door lettering, placards, decorations, or advertising media of any type which can be viewed from the exterior of the Premises, without Landlord's prior written consent. Upon surrender or vacation of the Premises, Tenant shall have removed all signs and repair, paint, and/or replace the building facia surface to which its signs are attached. Tenant shall obtain all applicable governmental permits and approvals for sign and exterior treatments.

All signs, decorations, advertising media, blinds, draperies and other window treatment or bars or other security installations visible from outside the Premises shall be subject to Landlord's approval and conform in all respects to Landlord's requirements.

14. Parking. Off-street parking is provided by Landlord. Public parking is available to Tenant in Landlord owned parking lots located near Premises.

15. Condemnation. If any part of the Premises should be taken for any public or quasi-public use under governmental law, ordinance, or regulation, or by right of eminent domain, or by private purchase in lieu thereof (a “Taking” or “Taken”), and the Taking would prevent or materially interfere with Tenant's use of the Premises or in Landlord's judgment would materially interfere with or impair its ownership or operation of the Premise, then upon written notice by Landlord this Lease shall terminate and Base Rent shall be apportioned as of said date. If part of the Premises shall be Taken, and this Lease is not terminated as provided above, the Base Rent payable hereunder during the unexpired Lease Term shall be reduced to such extent as may be fair and reasonable under the circumstances. In the event of any such Taking, Landlord shall be entitled to receive the entire price or award from any such Taking without any payment to Tenant, and Tenant hereby assigns to Landlord Tenant's interest, if any, in such award. Tenant shall have the right, to the extent that same shall not diminish Landlord's award, to make a separate claim against the condemning authority (but not Landlord) for such compensation as may be separately awarded or recoverable by Tenant for moving expenses and damage to Tenant's Trade Fixtures, if a separate award for such items is made to Tenant.

16. Assignment and Subletting. Without Landlord's prior written consent, which Landlord shall not unreasonably withhold, Tenant shall not assign this Lease or sublease the Premises or any part thereof or mortgage, pledge, or hypothecate its leasehold interest or grant any concession or license within the Premises and any attempt to do any of the foregoing shall be void and of no effect. For purposes of 78 Item 6.
00143160.1 00070349.1 - Page 9 of 21 -
Agreement No. 33977-1
this Paragraph, a transfer of the ownership interests resulting in a change of control of Tenant shall be deemed an assignment of this Lease. Tenant shall reimburse Landlord for all of Landlord's reasonable out-of-pocket expenses in connection with any assignment or sublease in an amount not to exceed $1,500. Upon Landlord's receipt of Tenant's written notice of a desire to assign or sublet the Premises, or any part thereof (other than to a Tenant Affiliate), Landlord may, by giving written notice to Tenant within 15 days after receipt of Tenant's notice, terminate this Lease with respect to the space described in Tenant's notice, as of the date specified in Tenant's notice for the commencement of the proposed assignment or sublease. If Landlord so terminates the Lease, Landlord may enter into a lease directly with the proposed sublessee or assignee. Tenant may withdraw its notice to sublease or assign by notifying Landlord within 10 days after Landlord has given Tenant notice of such termination, in which case the Lease shall not terminate but shall continue.

It shall be reasonable for the Landlord to withhold its consent to any assignment or sublease in any of the following instances: (i) an Event of Default has occurred and is continuing that would not be cured upon the proposed sublease or assignment; (ii) the assignee or sublessee does not have a net worth which is consistent with net worth of other tenant's which Landlord is entering into leases with in the Premise; (iii) the intended use of the Premises by the assignee or sublessee is not consistent with the use provision herein; (iv) occupancy of the Premises by the assignee or sublessee would, in Landlord's opinion, violate an agreement binding upon Landlord with regard to the identity of tenants, usage in the Premise, or similar matters; (v) the identity or business reputation of the assignee or sublessee will, in the good faith judgment of Landlord, tend to damage the goodwill or reputation of the Premise; (vi) the assignment or sublet is to another tenant in the Premise and is at rates which are below those charged by Landlord for comparable space in the Premise and Landlord has space available in the Premise to accommodate the tenant's needs; (vii) in the case of a sublease, the subtenant has not acknowledged that the Lease controls over any inconsistent provision in the sublease; (viii) the proposed assignee or sublessee is a governmental agency; or (ix) there is vacant space in the Premise suitable for lease to the proposed sublessee or assignee.

Tenant and Landlord acknowledge that each of the foregoing criteria are reasonable as of the date of execution of this Lease. The foregoing criteria shall not exclude any other reasonable basis for Landlord to refuse its consent to such assignment or sublease. Any approved assignment or sublease shall be expressly subject to the terms and conditions of this Lease. Tenant shall provide to Landlord all information concerning the assignee or sublessee as Landlord may request.

Notwithstanding any assignment or subletting, Tenant shall at all times remain fully responsible and liable for the payment of the rent and for compliance with all of Tenant's other obligations under this Lease (regardless of whether Landlord's approval has been obtained for any such assignments or subletting’s). In the event that the rent due and payable by a sublessee or assignee (or a combination of the rental payable under such sublease or assignment plus any bonus or other consideration therefor or incident thereto) exceeds the rental payable under this 79 Item 6.
00143160.1 00070349.1 - Page 10 of 21 -
Agreement No. 33977-1
Lease, then Tenant shall be bound and obligated to pay Landlord as additional rent hereunder fifty percent (50%) of such excess rental and other excess consideration (“Profit”) within 10 days following receipt of each month's Profit thereof by Tenant. Profit shall be further defined to take into consideration all of Tenant's costs in any assignment of subletting including but not limited to real estate commissions, legal fees, marketing costs, any improvement allowance or other economic concession (planning allowance, moving expenses, etc.), paid by Tenant to sublessee or assignee.

If this Lease be assigned or if the Premises be subleased (whether in whole or in part) or in the event of the mortgage, pledge, or hypothecation of Tenant's leasehold interest or grant of any concession or license within the Premises or if the Premises be occupied in whole or in part by anyone other than Tenant, then upon a default by Tenant hereunder Landlord may collect rent from the assignee, sublessee, mortgagee, pledgee, party to whom the leasehold interest was hypothecated, concessionee or licensee or other occupant and, except to the extent set forth in the preceding paragraph, apply the amount collected to the next rent payable hereunder; and all such rentals collected by Tenant shall be held in trust for Landlord and immediately forwarded to Landlord. No such transaction or collection of rent or application thereof by Landlord, however, shall be deemed a waiver of these provisions or a release of Tenant from the further performance by Tenant of its covenants, duties, or obligations hereunder.

17. Indemnification. Except for the negligence of Landlord, its agents, employees or contractors, and to the extent permitted by law, Tenant agrees to indemnify, defend and hold harmless Landlord, and Landlord's agents, employees and contractors, from and against any and all losses, liabilities, damages, costs and expenses (including attorneys' fees) resulting from claims by third parties for injuries to any person and damage to or theft or misappropriation or loss of property occurring in or about the Premise and arising from the use and occupancy of the Premises or from any activity, work, or thing done, permitted or suffered by Tenant in or about the Premises or due to any other act or omission of Tenant, its subtenants, assignees, invitees, employees, contractors and agents. The furnishing of insurance required hereunder shall not be deemed to limit Tenant's obligations.

18. Inspection and Access. Landlord and its agents, representatives, and contractors may enter the Premises with prior notice at any reasonable time to inspect the Premises and to make such repairs as may be required or permitted pursuant to this Lease and for any other business purpose. Landlord and Landlord's representatives may enter the Premises during business hours for the purpose of showing the Premises to prospective purchasers and, during the last 4 months of the Lease Term, to prospective tenants. Landlord may erect or post a suitable sign on the Premises stating the Premises are available to let. Landlord may grant easements, make public dedications, designate common areas and create restrictions on or about the Premises, provided that no such easement, dedication, designation or restriction materially interferes with Tenant's use or occupancy of 80 Item 6.
00143160.1 00070349.1 - Page 11 of 21 -
Agreement No. 33977-1
the Premises. At Landlord's request, Tenant shall execute such instruments as may be necessary for such easements, dedications or restrictions.

19. Quiet Enjoyment. If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.

20. Surrender. Upon termination of the Lease Term or earlier termination of Tenant's right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation. Any Trade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the condition and repair of the Premises.

21. Holding Over. If Tenant retains possession of the Premises after the termination of the Lease Term, unless otherwise agreed in writing, such possession shall be subject to immediate termination by Landlord at any time, and all of the other terms and provisions of this Lease (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, except that Tenant shall pay Landlord from time to time, upon demand, as Base Rent for the holdover period, an amount equal to 150 percent the Base Rent in effect on the termination date, computed on a monthly basis for each month or part thereof during such holding over. All other payments shall continue under the terms of this Lease. In addition, Tenant shall be liable for all damages incurred by Landlord as a result of such holding over. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided shall not be construed as consent for Tenant to retain possession of the Premises. “Possession of the Premises” shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has complete and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon termination of the Lease as set forth in this Lease, including, without limitation, those concerning the condition and repair of the Premises.

22. Events of Default; Breach.
a. Event of Default. Each of the following events shall be an event of default (“Event of Default”) by Tenant under this Lease:
81 Item 6.
00143160.1 00070349.1 - Page 12 of 21 -
Agreement No. 33977-1
(1) Tenant shall fail to pay any installment of Base Rent or any other payment required herein when due, and such failure shall continue for a period of 30 business days from the date such payment was due.
(2) Tenant or any guarantor or surety of Tenant's obligations hereunder shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a “proceeding for relief”); (C) become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity).
(3) Any insurance required to be maintained by Tenant pursuant to this Lease shall be cancelled or terminated or shall expire or shall be reduced or materially changed, except, in each case, as permitted in this Lease. (4) There shall occur any assignment, subleasing or other transfer of Tenant's interest in or with respect to this Lease except as otherwise permitted in this Lease.
(5) Tenant shall fail to discharge any lien placed upon the Premises in violation of this Lease within 30 days after Tenant's receipt of notice of any such lien or encumbrance is filed against the Premises.
(6) Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Paragraph 22. b. Breach. In the event that the Landlord determines that an Event of Default has occurred, the Landlord shall notify Tenant in writing of the nature of the Event of Default and of the corrective actions to be taken. If corrective action is not completed within thirty fifteen (3015) days thereafter, such failure of Tenant shall constitute a “Breach,” and Landlord may pursue any remedies set forth in Paragraph c23. Landlord at its sole discretion may elect to give Tenant additional cure opportunities.

23. Landlord's Remedies. Upon a Breach by Tenant, Landlord may at any time thereafter at its election: terminate this Lease or Tenant's right of possession, (but Tenant shall remain liable as hereinafter provided) and/or pursue any other remedies at law or in equity not to exceed 90 days after tenant has vacated the Premises. Upon the termination of this Lease or termination of Tenant's right of possession, it shall be lawful for Landlord, without formal demand or notice of any kind, to re-enter the Premises by summary dispossession proceedings or any other 82 Item 6.
00143160.1 00070349.1 - Page 13 of 21 -
Agreement No. 33977-1
action or proceeding authorized by law and to remove Tenant and all persons and property therefrom. If Landlord re-enters the Premises, Landlord shall have the right to keep in place and use, or remove and store, all of the furniture, fixtures and equipment at the Premises.

Except as otherwise provided in the next paragraph, if Tenant breaches this Lease and abandons the Premises prior to the end of the term hereof, or if Tenant's right to possession is terminated by Landlord because of an Event of Default by Tenant under this Lease, this Lease shall terminate. Upon such termination, Landlord may recover from Tenant the following, as provided in Section 1951.2 of the Civil Code of California: (i) the worth at the time of award of the unpaid Base Rent and other charges under this Lease that had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the reasonable value of the unpaid Base Rent and other charges under this Lease which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of the award by which the reasonable value of the unpaid Base Rent and other charges under this Lease for the balance of the term of this Lease after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or that in the ordinary course of things would be likely to result therefrom. As used herein, the following terms are defined: (a) the “worth at the time of award” of the amounts referred to in Sections (i) and (ii) is computed by allowing interest at the lesser of 10 percent per annum or the maximum lawful rate. The “worth at the time of award” of the amount referred to in Section (iii) is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent; (b) the “time of award” as used in clauses (i), (ii), and (iii) above is the date on which judgment is entered by a court of competent jurisdiction; (c) The “reasonable value” of the amount referred to in clause (ii) above is computed by determining the mathematical product of (1) the “reasonable annual rental value” (as defined herein) and (2) the number of years, including fractional parts thereof, between the date of termination and the time of award. The “reasonable value” of the amount referred to in clause (iii) is computed by determining the mathematical product of (1) the annual Base Rent and other charges under this Lease and (2) the number of years including fractional parts thereof remaining in the balance of the term of this Lease after the time of award.

Even though Tenant has breached this Lease and abandoned the Premises, this Lease shall continue in effect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all its rights and remedies under this Lease, including the right to recover rent as it becomes due. This remedy is intended to be the remedy described in California Civil Code Section 1951.4 and the following provision from such Civil Code Section is hereby repeated: “The Lessor has the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after lessee's breach and abandonment and recover rent 83 Item 6.
00143160.1 00070349.1 - Page 14 of 21 -
Agreement No. 33977-1
as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations).” Any such payments due Landlord shall be made upon demand therefor from time to time and Tenant agrees that Landlord may file suit to recover any sums falling due from time to time. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect in writing to terminate this Lease for such previous breach.

Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Premises and/or a termination of this Lease by Landlord, whether by agreement or by operation of law, it being understood that such surrender and/or termination can be affected only by the written agreement of Landlord and Tenant. Any law, usage, or custom to the contrary notwithstanding, Landlord shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Landlord at any time to enforce its rights under this Lease strictly in accordance with same shall not be construed as having created a custom in any way or manner contrary to the specific terms, provisions, and covenants of this Lease or as having modified the same. Tenant and Landlord further agree that forbearance or waiver by Landlord to enforce its rights pursuant to this Lease or at law or in equity, shall not be a waiver of Landlord's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Landlord of rent or other payment with knowledge of the breach of any covenant hereof shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. To the greatest extent permitted by law, Tenant waives the service of notice of Landlord's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Tenant shall be dispossessed by a judgment or by warrant of any court or judge. The terms “enter,” “re-enter,” “entry” or “re-entry,” as used in this Lease, are not restricted to their technical legal meanings. Any reletting of the Premises shall be on such terms and conditions as Landlord in its sole discretion may determine (including without limitation a term different than the remaining Lease Term, rental concessions, alterations and repair of the Premises, lease of less than the entire Premises to any tenant and leasing any or all other portions of the Premise before reletting the Premises). Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished because of, Landlord's failure to relet the Premises or collect rent due in respect of such reletting.

24. Tenant's Remedies/Limitation of Liability. Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within 15 days after written notice from Tenant specifying such failure (unless such performance will, due to the nature of the obligation, require a period of time in excess of 15 days, then after such period of time as is reasonably necessary). All obligations of Landlord hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided in this Lease, Tenant may not terminate this Lease for breach of Landlord's obligations hereunder. All obligations of Landlord under this Lease will be binding upon Landlord only during the period 84 Item 6.
00143160.1 00070349.1 - Page 15 of 21 -
Agreement No. 33977-1
of its ownership of the Premises and not thereafter. The term “Landlord” in this Lease shall mean only the owner, for the time being of the Premises, and in the event of the transfer by such owner of its interest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the Lease Term upon each new owner for the duration of such owner's ownership. Any liability of Landlord under this Lease shall be limited solely to its interest in the Premises, and in no event shall any personal liability be asserted against Landlord in connection with this Lease nor shall any recourse be had to any other property or assets of Landlord.

25. Waiver of Jury Trial. TENANT AND LANDLORD WAIVE ANY RIGHT

TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE IN RESOLVING

ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR

OTHERWISE, BETWEEN LANDLORD AND TENANT ARISING OUT OF

THIS LEASE OR ANY OTHER INSTRUMENT, DOCUMENT, OR

AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH
OR THE TRANSACTIONS RELATED HERETO.

26. Subordination. This Lease and Tenant's interest and rights hereunder are and shall be subject and subordinate at all times to the lien of any mortgage, now existing or hereafter created on or against the Premise or the Premises, and all amendments, restatements, renewals, modifications, consolidations, refinancing, assignments and extensions thereof, without the necessity of any further instrument or act on the part of Tenant. Tenant agrees, at the election of the holder of any such mortgage, to attorn to any such holder. Tenant agrees upon demand to execute, acknowledge and deliver such instruments, confirming such subordination and such instruments of attornment as shall be requested by any such holder.

Notwithstanding the foregoing, any such holder may at any time subordinate its mortgage to this Lease, without Tenant's consent, by notice in writing to Tenant, and thereupon this Lease shall be deemed prior to such mortgage without regard to their respective dates of execution, delivery or recording and in that event such holder shall have the same rights with respect to this Lease as though this Lease had been executed prior to the execution, delivery and recording of such mortgage and had been assigned to such holder. The term “mortgage” whenever used in this Lease shall be deemed to include deeds of trust, security assignments and any other encumbrances, and any reference to the “holder” of a mortgage shall be deemed to include the beneficiary under a deed of trust.

27. Mechanic's Liens. Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted 85 Item 6.
00143160.1 00070349.1 - Page 16 of 21 -
Agreement No. 33977-1
claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease. Tenant shall give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises and cause such lien or encumbrance to be discharged within 30 days of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and Tenant causes such lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such 30-day period. Landlord may require tenant to provide to Landlord all documents to establish payment by Tenant for all work performed by third parties.

28. Estoppel Certificates. Tenant agrees, from time to time, within 10 days after request of Landlord, to execute and deliver to Landlord, or Landlord's designee, any estoppel certificate requested by Landlord, stating that this Lease is in full force and effect, the date to which rent has been paid, that Landlord is not in default hereunder (or specifying in detail the nature of Landlord's default), the termination date of this Lease and such other matters pertaining to this Lease as may be requested by Landlord. Tenant's obligation to furnish each estoppel certificate in a timely fashion is a material inducement for Landlord's execution of this Lease. No cure or grace period provided in this Lease shall apply to Tenant's obligations to timely deliver an estoppel certificate.

29. Environmental Requirements. Except for Hazardous Material contained in products used by Tenant in de minimis quantities for ordinary cleaning and office purposes, Tenant shall not permit or cause any party to bring any Hazardous Material upon the Premises or transport, store, use, generate, manufacture or release any Hazardous Material in or about the Premises without Landlord's prior written consent. Tenant, at its sole cost and expense, shall operate its business in the Premises in strict compliance with all Environmental Requirements and shall remediate in a manner satisfactory to Landlord any Hazardous Materials released on or from the Premises by Tenant, its agents, employees, contractors, subtenants or invitees. Tenant shall complete and certify to disclosure statements as requested by Landlord from time to time relating to Tenant's transportation, storage, use, generation, manufacture or release of Hazardous Materials on the Premises. The term “Environmental Requirements” means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any regulations or policies promulgated or issued thereunder. The term “Hazardous Materials” means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). As defined in Environmental Requirements, Tenant is and shall be deemed to be the “operator” of Tenant's 86 Item 6.
00143160.1 00070349.1 - Page 17 of 21 -
Agreement No. 33977-1
“facility” and the “owner” of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, byproducts, or residues generated, resulting, or produced therefrom.

Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in value of the Premises and loss of rental income from the Premise), claims, demands, actions, suits, damages (including, without limitation, punitive damages), expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys' fees, consultant fees or expert fees and including, without limitation, removal or management of any asbestos brought into the property or disturbed in breach of the requirements, regardless of whether such removal or management is required by law) which are brought or recoverable against, or suffered or incurred by Landlord as a result of any release of Hazardous Materials for which Tenant is obligated to remediate as provided above or any other breach of the requirements by Tenant, its agents, employees, contractors, subtenants, assignees or invitees, regardless of whether Tenant had knowledge of such noncompliance. The obligations of Tenant shall survive any termination of this Lease.

Landlord shall have access to, and a right to perform inspections and tests of, the Premises to determine Tenant's compliance with Environmental Requirements, its obligations, or the environmental condition of the Premises. Access shall be granted to Landlord upon Landlord's prior notice to Tenant and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant's operations. Such inspections and tests shall be conducted at Landlord's expense, unless such inspections or tests reveal that Tenant has not complied with any Environmental Requirement, in which case Tenant shall reimburse Landlord for the reasonable cost of such inspection and tests. Landlord's receipt of or satisfaction with any environmental assessment in no way waives any rights that Landlord holds against Tenant.

30. Rules and Regulations. Tenant shall, at all times during the Lease Term and any extension thereof, comply with all reasonable rules and regulations at any time or from time to time established by Landlord covering use of the Premises. The current rules and regulations are attached hereto. In the event of any conflict between said rules and regulations and other provisions of this Lease, the other terms and provisions of this Lease shall control. Landlord shall not have any liability or obligation for the breach of any rules or regulations by other tenants in the Premise.

31. Security Service. Tenant acknowledges and agrees that, while Landlord may patrol the Premises, Landlord is not providing any security services with respect to the Premises and that Landlord shall not be liable to Tenant for, and Tenant waives any claim against Landlord with respect to, any loss by theft or any other damage suffered or incurred by Tenant in connection with any unauthorized entry into the Premises or any other breach of security with respect to the Premises. 87 Item 6.
00143160.1 00070349.1 - Page 18 of 21 -
Agreement No. 33977-1

32. Force Majeure. Landlord shall not be held responsible for delays in the performance of its obligations hereunder when caused by strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, governmental regulations, governmental controls, delay in issuance of permits, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of Landlord (“Force Majeure”).

33. Entire Agreement. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof. No representations, inducements, promises or agreements, oral or written, have been made by Landlord or Tenant, or anyone acting on behalf of Landlord or Tenant, which are not contained herein, and any prior agreements, promises, negotiations, or representations are superseded by this Lease. This Lease may not be amended except by an instrument in writing signed by both parties hereto.

34. Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws, then and in that event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby.

It is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that is illegal, invalid or unenforceable, there be added, as a part of this Lease, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.

35. Brokers. Each party represents and warrants that it has dealt with no broker, agent or other person in connection with this transaction and that no broker, agent or other person brought about this transaction, other than the broker, if any, set forth on the first page of this Lease.

36. Miscellaneous.
(a) Any payments or charges due from Tenant to Landlord hereunder shall be considered rent for all purposes of this Lease.
(b) If and when included within the term “Tenant,” as used in this instrument, there is more than one person, firm or corporation, each shall be jointly and severally liable for the obligations of Tenant.
(c) All notices required or permitted to be given under this Lease shall be in writing and shall be sent by certified mail, return receipt requested, or by handdelivery addressed to the parties at their addresses below, and with a copy sent to Landlord at City of Oroville, Attn: City Administrator, 1735 Montgomery Street, Oroville, California, 95965. Either party may by notice given aforesaid change its address for all subsequent notices. Except where otherwise expressly provided to the contrary, notice shall be deemed given upon delivery. Any issues regarding the safe use and operation of the facility as a result of a defect or damage to the facility 88 Item 6.
00143160.1 00070349.1 - Page 19 of 21 -
Agreement No. 33977-1
shall be reported immediately to the Landlord or Landlord’s representative either in person or by telephone.
(d) Except as otherwise expressly provided in this Lease or as otherwise required by law, Landlord retains the absolute right to withhold any consent or approval.
(e) The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any exhibits or amendments hereto.
(f) The submission by Landlord to Tenant of this Lease shall have no binding force or effect, shall not constitute an option for the leasing of the Premises, nor confer any right or impose any obligations upon either party until execution of this Lease by both parties.
(g) Words of any gender used in this Lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The captions inserted in this Lease are for convenience only and in no way define, limit or otherwise describe the scope or intent of this Lease, or any provision hereof, or in any way affect the interpretation of this Lease.
(h) Any amount not paid by Tenant within 5 days after its due date in accordance with the terms of this Lease shall bear interest from such due date until paid in full at the lesser of the highest rate permitted by applicable law or 10 percent per year. It is expressly the intent of Landlord and Tenant at all times to comply with applicable law governing the maximum rate or amount of any interest payable on or in connection with this Lease.

If applicable law is ever judicially interpreted so as to render usurious any interest called for under this Lease, or contracted for, charged, taken, reserved, or received with respect to this Lease, then it is Landlord's and Tenant's express intent that all excess amounts theretofore collected by Landlord be credited on the applicable obligation (or, if the obligation has been or would thereby be paid in full, refunded to Tenant), and the provisions of this Lease immediately shall be deemed reformed and the amounts thereafter collectible hereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder. (i) Construction and interpretation of this Lease shall be governed by the laws of the state in which the Premise is located, excluding any principles of conflicts of laws.
(j) Time is of the essence as to the performance of Tenant's obligations under this Lease.
89 Item 6.
00143160.1 00070349.1 - Page 20 of 21 -
Agreement No. 33977-1
(k) All exhibits and addenda attached hereto are hereby incorporated into this Lease and made a part hereof. In the event of any conflict between such exhibits or addenda and the terms of this Lease, such exhibits or addenda shall control. (l) In the event either party hereto initiates litigation to enforce the terms and provisions of this Lease, the non-prevailing party in such action shall reimburse the prevailing party for its reasonable attorney's fees, filing fees, and court costs. (n) In the event the total square footage and/or the footprint of the Leased Premises is modified by Landlord for purposes of practicality in compliance with any state or federal law, including but not limited to the Americans with Disabilities Act, Tenant agrees to accept such modifications without compensation. In the event Tenant reasonably believes such modifications prevent Tenant’s Use of the Premises Tenant’s sole remedy is to meet and confer with Landlord to seek voluntary modification of the Lease.

37. Landlord's Lien/Security Interest. Tenant hereby grants Landlord a security interest, and this Lease constitutes a security agreement, within the meaning of and pursuant to the Uniform Commercial Code of the state in which the Premises are situated as to all of Tenant's property situated in, or upon, or used in connection with the Premises (except merchandise sold in the ordinary course of business) as security for all of Tenant's obligations hereunder, including, without limitation, the obligation to pay rent. Such encumbered includes specifically all trade and other fixtures for the purpose of this Paragraph and inventory, equipment, contract rights, accounts receivable and the proceeds thereof. In order to perfect such security interest, Tenant shall execute such financing statements and file the same at Tenant's expense at the state and county Uniform Commercial Code filing offices as often as Landlord in its discretion shall require; and Tenant hereby irrevocably appoints Landlord its agent for the purpose of executing and filing such financing statements on Tenant's behalf as Landlord shall deem necessary.

IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above written.

CITY OF OROVILLE
By: __________________________
Chuck Reynolds, Mayor
ATTEST

BUTTE COUNTY OFFICE OF

EDUCATION
By: __________________________
May Sakuma, Superintendent
90 Item 6.
00143160.1 00070349.1 - Page 21 of 21 -
Agreement No. 33977-1
By: __________________________
Bill LaGrone, City Clerk

APPROVED AS TO FORM
By: __________________________
Scott E. Huber, City Attorney
91 Item 6.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: CITY REPRESENTATIVE TO SERVE AS THE ABANDONED

VEHICLE ABATEMENT SERVICE AUTHORITY
DATE: MARCH 15, 2022

SUMMARY
The Council will consider appointing the Code Enforcement Director and the Code Enforcement Technicians to serve on the Abandoned Vehicle Abatement Service Authority.

DISCUSSION
A Joint Powers Agreement between Butte County and the Cities of Chico, Gridley, Oroville and the Town of Paradise was created in accordance of the provisions of Section 22710 of the California Vehicle Code. The agreement provided a service authority for the abatement of abandoned vehicles, and allows for an assessment of $1.00 per vehicle registration to off-set the costs associated with abandoned vehicles.

This is a continuation of the Abandoned Vehicle Abatement Service Authority of the County of Butte as approved on July 17, 2012 (Resolution No. 7956).

FISCAL IMPACT
Continued revenue for the Code Enforcement Department due to the continuance of the Abandoned Vehicle Abatement Program and Ordinance.

RECOMMENDATIONS

1. Adopt Resolution No. 9039 – A RESOLUTION OF THE OROVILLE CITY

COUNCIL ESTABLISHING A SERVICE AUTHORITY FOR AN ABANDONED VEHICLE ABATEMENT PROGRAM.

2. Appoint the Director of Code Enforcement and Code Enforcement Technicians as City representatives to serve on the Abandoned Vehicle Abatement Service Authority.
92 Item 7.

ATTACHMENTS
A - Resolution 7956
B – Resolution 9039
93 Item 7.

CITY OF OROVILLE
RESOLUTION NO. 7956

A RESOLUTION OF THE OROVILLE CITY COUNCIL ESTABLISHING A SERVICE

AUTHORITY FOR AN ABANDONED VEHICLE ABATEMENT PROGRAM
WHEREAS, Sections 9250.7 and 22710 of the California Vehicle Code provides for the establishment of a Service Authority for abandoned vehicle abatement if the City Council/Board of Supervisors of the County and a majority of the cities within the County having a majority of the population adopt resolutions for the establishment of the authority; and WHEREAS, the City Council of the City of Oroville, California, finds that abandoned, inoperable, wrecked, dismantled vehicles or parts thereof pose a health and safety hazard and are found to be a public nuisance; and
WHEREAS, the City Council finds that an Abandoned Vehicle Abatement program is needed to provide for the proper removal and disposal of abandoned vehicles and assist law enforcement and code enforcement personnel in abatement of abandoned vehicle; and WHEREAS, the Butte County Abandoned Vehicle Abatement Service authority will have the responsibility for implementing and abandoned vehicle removal program in Butte County.

NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Oroville, as follows:

Section 1. The City Council hereby requests that a Service Authority for abandoned vehicle abatement be established in Butte County pursuant to the provisions of Section 22710 of the California Vehicle Code.

Section 2. The City Council directs the members of each participating agency shall serve as the Service Authority for abandoned vehicle abatement in the County of Butte.

Section 3. The City Council approves the Vehicle Abatement Plan of the Abandoned Vehicle Abatement Service Authority of the County of Butte and the imposition of a one dollar ($1.00) vehicle registration fee. The fee imposed by the Service Authority shall remain in effect only for a period of ten years from the inception of the date that the actual collection of the fees commences.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 17, 2012 by the following vote:

AYES: Council Members Andoe, Berry, Bunker, Pittman, Simpson, Vice Mayor Wilcox, Mayor Dahlmeier
NOES: None
ABSTAIN: None
ABSENT: None
___________________________
Linda L. Dahlmeier, Mayor
94 Item 7.

APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott E. Huber, City Attorney G. Harold Duffey, City Clerk 95 Item 7.

CITY OF OROVILLE
RESOLUTION NO. 9039

A RESOLUTION OF THE OROVILLE CITY COUNCIL ESTABLISHING A SERVICE

AUTHORITY FOR AN ABANDONED VEHICLE ABATEMENT PROGRAM
WHEREAS, Sections 9250.7 and 22710 of the California Vehicle Code provides for the establishment of a Service Authority for abandoned vehicle abatement if the City Council/Board of Supervisors of the County and a majority of the cities within the County having a majority of the population adopt resolutions for the establishment of the authority; and WHEREAS, the City Council of the City of Oroville, California, finds that abandoned, inoperable, wrecked, dismantled vehicles or parts thereof pose a health and safety hazard and are found to be a public nuisance; and
WHEREAS, the City Council finds that an Abandoned Vehicle Abatement program is needed to provide for the proper removal and disposal of abandoned vehicles and assist law enforcement and code enforcement personnel in abatement of abandoned vehicle; and WHEREAS, the Butte County Abandoned Vehicle Abatement Service authority will have the responsibility for implementing and abandoned vehicle removal program in Butte County.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oroville, as follows:

Section 1. The City Council hereby requests that a Service Authority for abandoned vehicle abatement be established in Butte County pursuant to the provisions of Section 22710 of the California Vehicle Code.

Section 2. The City Council directs the members of each participating agency shall serve as the Service Authority for abandoned vehicle abatement in the County of Butte.

Section 3. The City Council approves the Vehicle Abatement Plan of the Abandoned Vehicle Abatement Service Authority of the County of Butte and the imposition of a one-dollar ($1.00) vehicle registration fee. The fee imposed by the Service Authority shall remain in effect only for a period of ten years from the inception of the date that the actual collection of the fees commences.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on March 15, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
Chuck Reynolds, Mayor
96 Item 7.

APPROVED AS TO FORM: ATTEST:
_____________________________ _____________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 97 Item 7.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: AMY BERGSTRAND, MANAGEMENT ANALYST III
RE: HOUSING SUCCESSOR AGENCY ANNUAL REPORT
DATE: MARCH 15, 2022

SUMMARY
Receive and file the Housing Successor Agency Annual Report for Fiscal Year 2020- 2021

BACKGROUND OF HOUSING SUCCESSOR ANNUAL REPORT
The City of Oroville (“City”) is the Housing Successor Agency to the former Oroville Redevelopment Agency (“Housing Successor”). Health and Safety Code (“HSC”) Section 34176.1 (enacted by Senate Bill 341 and related legislation) requires the Housing Successor to prepare an annual report documenting compliance with expenditure proportionality and other requirements pertaining to its Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”). The report is due to the California Department of Housing and Community Development (“HCD”) by April 1st annually. The report also must be presented to City Council and posted on the City’s website.

Housing Successor staff and consultants have prepared a Housing Successor Agency Annual Report for the Fiscal Year (“FY”) ending June 30, 2021. This report is being presented to City Council to receive and file and will be submitted to HCD.

The following sections summarize the Housing Successor’s finances and compliance with various requirements.

HOUSING SUCCESSOR AGENCY ANNUAL REPORT SUMMARY
Low- and Moderate-Income Housing Asset Fund
The Housing Asset Fund includes all the assets that were transferred from the Oroville Redevelopment Agency (“Agency”) to the Housing Successor upon dissolution of the former Agency. The assets included:
 Real properties,
 Personal property
 Low and Moderate Income Housing Fund encumbrances
98 Item 8.

 Loan/grants receivable, and
 Rents/operations (deferrals).

As of June 30, 2021, the Housing Asset Fund had a cash balance of $3,106,731 and a total portfolio value of $7,432,620. Most of the asset value is from loans receivable that are due to the Housing Successor.

The Housing Successor received $951,996 in revenues throughout FY 2020-21, which includes interest income, leases, loan payments, and miscellaneous revenues. For FY 2020-21 the expenditures were primarily administrative costs equating to $126,709 in total funds used.

Property Disposition
Upon the dissolution of redevelopment, the former Agency transferred 19 real properties and associated rental income to the Housing Successor. Since dissolution, 6 additional real properties were taken back by the Housing Successor because the loans defaulted and resulted in foreclosure.

Outstanding Inclusionary and Replacement Housing Obligations At the time of its dissolution, the former Agency met its inclusionary and replacement housing requirements. Therefore, the Housing Successor is no longer subject to obligations related to inclusionary housing or replacement housing.

Income & Age Proportionality
If housing successors expend money on projects, State law requires at least 30% to be spent on extremely low income rental housing in a five-year period, among other restrictions.

Additionally, State law also sets a 20% maximum on assisting 60-80% AMI units. State law also sets a limit of 50% on the portion of publicly assisted deed-restricted rental housing that may be restricted to seniors. During FY 2020-21, the Housing Successor did not spend any funds on projects and is therefore in compliance with meeting these requirements.

Excess Surplus
Senate Bill 341 reinstated a requirement to prevent housing successors from accumulating an excess surplus, which is generally defined as unencumbered cash that exceeds the greater of $1 million or the aggregate amount deposited into the Housing Asset Fund in the preceding four years.

For FY 20-21, the Housing Asset Fund had a beginning cash balance of $2,274,343. The sum of deposits in the prior four years is $2,374,650. The amounts reported did not accumulate an excess surplus during FY 2020-21.

Homeownership Unit Inventory
State law requires the annual report to contain an inventory of any homeownership units assisted by the Housing Successor that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies. The Housing Successor oversees 123 homeownership units with affordability restrictions.
99 Item 8.

FISCAL IMPACT:

These are informational items with no fiscal impact.

RECOMMENDATION:

RECEIVE AND FILE THE HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR ENDING 2021
ATTACHMENTS:

Attachment 1: Housing Successor Agency Annual Report for Fiscal Year 2020-21 100
Item 8.

HOUSING SUCCESSOR ANNUAL REPORT
City of Oroville Housing Successor
Fiscal Year 2020-21
101
Item 8.

Oroville Housing Successor Annual Report 2020-21

TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................. 1 Housing Successor................................................................................................................................................1 Scope of This Housing Successor Annual Report.................................................................................................1 Assets Transferred to the Housing Successor ......................................................................................................1 BACKGROUND............................................................................................................................... 2 Legal Requirements Pertaining to Housing Successors........................................................................................2 Permitted Uses of Housing Asset Funds ...............................................................................................................3 Limits on the Accumulation of Housing Funds (Excess Surplus) ..........................................................................5 HOUSING ASSET FUND ACTIVITY ................................................................................................. 6 Deposits and Fund Balance...................................................................................................................................6 Expenditures..........................................................................................................................................................6 Ending Cash and Fund Balance............................................................................................................................6 Housing Successor Portfolio..................................................................................................................................7 Real Property and Disposition Status ....................................................................................................................7 COMPLIANCE WITH EXPENDITURES & PRODUCTION LIMITS ...................................................... 8 Proportionality Requirements ................................................................................................................................9 Senior Rental Housing Limit Compliance ............................................................................................................10 Excess Surplus ....................................................................................................................................................10 OTHER INFORMATION ................................................................................................................. 12 Transfers to Other Housing Successors..............................................................................................................12 Homeownership Unit Inventory............................................................................................................................12 APPENDIX 1 – HOUSING ASSET TRANSFER FORM..................................................................... 13 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS ................................ 14 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS .................................... 15 APPENDIX 4 – HOMEOWNERSHIP UNIT INVENTORY .................................................................. 17 102
Item 8.

Oroville Housing Successor Annual Report 2020-21 1

INTRODUCTION
This Housing Successor Agency Annual Report (“Annual Report”) presents information on Fiscal Year (“FY”) 2020-21 expenditures and activities as required by Health and Safety Code (“HSC”) Section 34176.1(f), including but not limited to a housing successor’s compliance with certain expenditure activities over the year as well as a five- and ten-year planning period.

HOUSING SUCCESSOR
The City of Oroville (“City”) is the Housing Successor Agency (“Housing Successor”) to the former Oroville Redevelopment Agency (“Agency”), which was dissolved with all other agencies statewide by the Legislature in 2012. At the time of dissolution, a housing successor was to be selected for transfer of, and to be responsible for, the remaining assets and liabilities of a former redevelopment agency. The Housing Successor is responsible for maintaining housing assets transferred from the former Agency.

Its main goal is to provide affordable housing for City residents.

SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT
This Annual Report is limited to the City’s activities as it relates to its role as a housing successor. This may include, but is not limited to, financial activities, property disposition, loan administration, monitoring of covenants, and affordable housing development. This Annual Report describes compliance with various annual, five-year, and ten-year housing expenditure and production requirements. FY 2020-21 is the second year of the current five-year compliance period for income proportionality, which began July 1, 2019, and ends June 30, 2024.

This Annual Report is due to the State of California (“State”) Department of Housing and Community Development (“HCD”) by April 1 annually and must be accompanied by an independent financial audit.

The City’s audited financial statements will be posted on the City website when available. This report is an addendum to the Housing Element Annual Progress Report required by Government Code Section 65400, which is submitted to HCD by April 1 annually.

ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR
Upon the statewide dissolution of redevelopment in 2012, all rights, powers, committed assets, liabilities, duties, and obligations associated with the housing activities of the Agency were transferred to the Housing Successor. The Housing Successor prepared a Housing Asset Transfer (“HAT”) form that 103
Item 8.

Oroville Housing Successor Annual Report 2020-21 2
provided an inventory of all housing assets transferred from the Agency to the Housing Successor. This included:

1. Real properties;

2. Personal property;

3. Low and Moderate Income Housing Fund (“LMIHF”) encumbrances;

4. Loans/Grants receivables; and

5. Deferrals.

All items on the HAT were approved by the California Department of Finance (“DOF”) on September 5, 2012.

It is important to distinguish that Housing Successor assets that were not transferred from the former Agency or generated by or purchased with assets from the former Agency, are not subject to HSC Section 34176.1. A copy of the HAT is provided as Appendix 1.

BACKGROUND
This section summarizes the legal requirements for use of housing successor assets that are addressed in this Annual Report.

LEGAL REQUIREMENTS PERTAINING TO HOUSING SUCCESSORS
In general, housing successors must comply with three major requirements pursuant to HSC Section 34176.1:

1. Expenditures and housing production are subject to income and age targets.

2. Housing successors may not accumulate an “excess surplus,” or a high unencumbered Housing Asset Fund balance based on certain thresholds.

3. Properties must be developed with affordable housing or sold within five to ten years of the DOF approving the HAT.
104
Item 8.

Oroville Housing Successor Annual Report 2020-21 3
Appendix 2 provides a detailed summary of the reporting requirements that are addressed in this Annual Report.

PERMITTED USES OF HOUSING ASSET FUNDS
Pursuant to HSC Section 34176.1, former Agency assets and the revenues generated by those assets, are maintained in a Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). 1 The
Housing Asset fund replaced the former Agency’s Low and Moderate Income Housing Fund. Housing Asset Funds may be spent on:
• Administrative costs for operation of the housing successor agency. The law allows a housing successor to spend the greater of:
o $200,000 per year adjusted annually for inflation, or o 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.

The $200,000 per year adjusted for inflation in FY 2020-21 is $223,400 according to HCD. The Housing Successor’s FY 2020-21 Portfolio value was $7,689,766 of which 5% is $384,488. The FY 2020-21 administrative cost limit is the higher figure of $384,488. • Homeless prevention and rapid rehousing services up to $250,000 per year if the former redevelopment agency did not have any outstanding inclusionary housing or replacement housing production requirements as of 2012. The City is eligible for this expense because the former Agency had met its inclusionary housing and replacement housing production requirements upon dissolution.
• Affordable housing development assisting households up to 80 percent of the Area Median Income (“AMI”), subject to specific income and age targets over a five-year period. 1 The Housing Asset Fund replaced the former Agency’s Low and Moderate Income Housing Fund. 105
Item 8.

Oroville Housing Successor Annual Report 2020-21 4
Five-Year Income Proportionality on Development Expenditures: Any Housing Asset Funds may be spent on development of affordable housing projects affordable to low, very low, and extremely low-income households. “Development” is defined as “new construction”, acquisition and rehabilitation, substantial rehabilitation as defined in HSC Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in HSC Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years.” Over each five-year compliance period, the current one beginning July 1, 2019, at least 30 percent of such development expenditures must assist extremely low-income households (30% of AMI), while no more than 20 percent may assist low-income households (between 60-80% of AMI).

The balance of the funds may be used on very low-income households (defined as households earning between 30% and 60% of AMI).

The Housing Successor was in compliance with the first five-year compliance period which was January 1, 2014, through June 30, 2019. The second, and current, five-year compliance period is July 1, 2019, to June 30, 2024.

Note that housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all its funds in a single year on households earning between 60-80% of AMI, if it was 20 percent or less of the total expenditures during the five-year compliance period.

Should a housing successor not spend at least 30% of its development expenditures for extremely low-income households, or exceeds the amount spent on low-income households, future expenditures are subject to greater restriction until these proportionality targets are met.

Specifically, if a housing successor is unable to spend at least 30% of its development expenditures on extremely low units, it is required to increase this spending to 50% until compliant with the 30% threshold; a housing successor that spends more than 20% of its development expenditures on low-income units cannot spend any further funds on low income developments until it is at or below the 20% threshold.

As such, tracking these expenditures and their progress over the corresponding five-year period is an important function of this Annual Report.
106
Item 8.

Oroville Housing Successor Annual Report 2020-21 5
Ten-Year Age Proportionality on Units Assisted: If more than 50% of the total aggregate number of rental units produced by the city, housing successor, or former redevelopment agency during the past 10 years are restricted to seniors, the housing successor may not spend more Housing Asset Funds on senior rental housing.

It is important to stress that Housing Successor expenditure and production requirements are measured on different timeframes:
• One-Year Limits: Administrative Allowance and Homeless Prevention Allowance. Compliance evaluated annually and resets every year.
• Five-Year Limit: Expenditures by Income Level. Compliance evaluated over a fixed five-year period set by law, the current period being July 1, 2019, to June 30, 2024. • Ten-Year Limit: Number of Senior Deed-Restricted Units Assisted. Compliance evaluated based on a rolling ten-year period that is different every year, the current period being FY 2011- 12 to 2020-21.

Appendix 3 describes Housing Asset Fund expenditure requirements in more detail, including the types of costs eligible in each category.

LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS

SURPLUS)
State law limits how much cash a housing successor may retain and, if it fails to commit and spend these dollars in a reasonable timeframe, ultimately penalizes the housing successor by requiring unspent funds to be transferred to HCD for use on State housing programs.

HSC Section 34176.1(d) establishes a limit, known as an “excess surplus” on the amount of unencumbered Housing Asset Funds based on the greater of the following:
• $1,000,000, or
• The total amount of deposits made into the Housing Asset Fund over the preceding four years.

Only amounts in excess of this threshold are considered an excess surplus. Once an excess surplus is determined, a housing successor must account for these funds separately and encumber said monies within three years. If after the third year the excess surplus has not been fully encumbered, the remaining 107
Item 8.

Oroville Housing Successor Annual Report 2020-21 6
balance of the excess surplus is to be transferred to HCD within 90 days. HCD is permitted to use these transferred excess surplus funds anywhere in the State under its Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.

As part of the Annual Report, a housing successor must disclose any excess surplus and describe the housing successor’s plan for eliminating this excess surplus.

HOUSING ASSET FUND ACTIVITY
This section summarizes the Housing Asset Fund activities of the Housing Successor for FY 2020-21.

DEPOSITS AND FUND BALANCE
The Housing Successor deposited $951,996 into the Housing Asset Fund during FY 2020-21 from a variety of sources as shown in Table 1 below.

EXPENDITURES
The Housing Successor expended $126,709 in FY 2020-21, all on administrative costs.

ENDING CASH AND FUND BALANCE
The Housing Asset Fund balance as of June 30, 2021, was $3,105,036, as summarized in Table 2 below.

Balance Type Amount
Interest Revenue $ 10,742
Other Fees 410
Lease to Own Payments 8,053
Loan Fund Interest 82,801
Loan Principal Payments 567,074
Refund and Reimbursements 282,916
Total $ 951,996
Source: City of Oroville, Fund 221 Revenue Report (06/30/21) Table 1: Housing Asset Fund Deposits, 2020-21
108
Item 8.

Oroville Housing Successor Annual Report 2020-21 7

HOUSING SUCCESSOR PORTFOLIO
The Housing Successor Portfolio includes 12 properties and 59 loans receivable transferred from the former Agency. The Portfolio had a value of $7,432,620 as of FY 2020-21, as detailed in Table 3 below.

REAL PROPERTY AND DISPOSITION STATUS
The Agency originally transferred 19 real properties to the City on the HAT form. Since then, an additional 6 real properties were taken back by the Housing Successor because the loans defaulted and resulted in foreclosure. Table 4 below describes each property and its current development or disposition status.

As of FY 2020-21, thirteen properties have sold. The City will continue to evaluate each of the remaining twelve properties taking several factors into consideration, including whether it is more beneficial to Balance Type Amount
Cash $ 3,106,731
Interest Receivable 2,081
Loans Receivable 6,114,060
Real Property Inventory 1,318,560
Accounts Payable (3,776)
Unearned Revenue- Real Property (1,318,560)
Unearned Revenue (6,114,060)
Ending Balance $ 3,105,036
Source: City of Oroville Fund 221 Audit Sheet (06/30/21) Table 2: Housing Asset Fund - Ending Balance as of June 30, 2021 Asset Amount
Real Properties
Value of Real Properties 1,318,560
Subtotal $1,318,560
Loans Receivable
Value of Loans Receivable 6,114,060
Subtotal $6,114,060
Total Portfolio Value $7,432,620
Source: City of Oroville Fund 221 Audit Sheet (06/30/21) Table 3: Housing Successor Real Property and Loans Receivable Portfolio 109
Item 8.

Oroville Housing Successor Annual Report 2020-21 8
develop properties to provide housing, or to receive sales proceeds to spend on affordable housing activities within the expenditure limitations set by HSC Section 34176.1.

COMPLIANCE WITH EXPENDITURES & PRODUCTION
LIMITS
During FY 2020-21, the Housing Successor was in compliance with all annual and five- to ten-year planning period requirements as described in this section.

HAT
Item No. Address Property Type
Statutory
Value Status / Desired Action
1 1130 Pomona Avenue Vacant land 12,514 Transferring to VHDC 2 1550 & 1560 Veatch St. Vacant land 3,048 Transferring to VHDC 5 3265 Glen Avenue Single-family 110,318 Transferring to VHDC 8 33 Canyon Highlands Single-family 71,814 In contract for LPP 17 APN 033-232-021
(Oroville Dam Blvd) Vacant land - Considering sale, development, or donation 18 APN 033-232-001
(Oroville Dam Blvd &
Highlands) Vacant land - Considering sale, development, or donation 82 119 Morningstar Single-family - Transferring to VHDC 97 3555 Argonaut Ave Single-family - Transferring to VHDC 100 2420 Baldwin Ave Single-family - Transferred to VHDC 101 2244 Mitchell Ave Single-family - Pending Sale
102 1250 Robinson Single-family - Pending Sale
3 1729 Boynton Avenue Single-family 101,299 Sold at appraised value 4/12/19 4 3054 Spencer Avenue Single-family 76,523 Sold on 12/28/16 6 1289 Robinson Street Single-family - Sold in FY 2018-19 7 770 Robinson St. Single-family 64,313 Sold on 7/21/16 9 2712 Spencer Avenue Single-family 95,000 Sold through LPP in FY 2018-19 10 3027 Florence Avenue Single-family - Sold through LPP 11 115 Worthy Avenue Single-family Sold through LPP
12 218 Windward Way Single-family 125,000 Sold through LPP 13 1800 Pine Street Single-family - Sold through LPP
14 2178 Bridge St. Single-family - Sold through LPP
15 2950 El Noble Ave. Single-family 22,119 Sold through LPP 16 1930 Grant Ave. Single-family 65,000 Sold through LPP 19 1511 Robinson St. Vacant land -
Sold to PEP housing to develop Orange Tree
Senior Housing
98 3711 Ashley Ave Single-family - Transferred to VHDC

REMAINING PROPERTIES

SOLD PROPERTIES
Table 4: Properties Transferred from the Former Redevelopment Agency 110
Item 8.

Oroville Housing Successor Annual Report 2020-21 9

PROPORTIONALITY REQUIREMENTS
The Housing Successor fully complied with the Housing Asset Fund spending restrictions during the previous five-year compliance period of January 1, 2014 through June 30, 2019. While last year’s report indicated that the Housing Successor had exceeded the 20% maximum of total expenditures on assisting 60%-80% AMI units, the expenditure amount was reported incorrectly. Rather than the reported cost of $258,000, the actual amount in the low-income category was only $163,000, which was less than 20% of expenditures in that period.

As summarized in Figure 1 below, the Housing Successor has also fully complied with all the Housing Asset Fund spending restrictions for the current reporting period:
• The Housing Successor expended $126,709 on allowable administrative costs and was below the maximum limit amount of $384,488. The annual limit is the greater of $200,000 plus inflation or 5% of the Housing Successor Portfolio balance. As shown in Table 3 earlier, the Portfolio balance is $7,689,766, of which 5% is $384,488.
• Since no homeless prevention or rapid rehousing expenses were made in FY 2020-21, the Housing Successor was therefore in compliance with the $250,000 spending restriction. • For FY 2020-21 the Housing Successor did not spend any funds on affordable housing development costs, so it is in compliance regarding the five-year income proportionality targets. $384,488
$250,000 $126,709/
$0/
$0 $0 $0
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000
Administration/
Monitoring
Homeless
Prevention/ Rapid
Rehousing
Ext. Low Rental
30% AMI
(30% minimum)
Very Low
31-59% AMI
(no limit)
Low
60-80% AMI
(20% maximum)
Figure 1: Oroville Expenditures
Comply with Limits
Limit Expenditure
Annual Limits FY 20-21 Compliance Period
Expenditures
111
Item 8.

Oroville Housing Successor Annual Report 2020-21 10
The Housing Successor will ensure it meets all expenditure requirements going forward, throughout this five-year compliance period of July 1, 2019 through June 30, 2024 and future five-year compliance periods.

Failure to comply with the extremely low-income requirement in any five-year compliance period will result in the Housing Successor having to ensure that 50 percent of remaining funds be spent on extremely low income rental units until in compliance. Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in the Housing Successor not being able to expend any funds on this income category until in compliance.

SENIOR RENTAL HOUSING LIMIT COMPLIANCE
The Housing Successor is compliant with the limit allowing no more than 50 percent of the total aggregate number of rental units produced within the preceding ten years to be restricted to seniors. The Housing Successor, City, and former Agency assisted 109 deed-restricted rental units in the last ten years, 52 of which are restricted to seniors, less than 50 percent. Table 5 details units assisted by project.

EXCESS SURPLUS
The Housing Asset Fund may not accumulate an “excess surplus”, which is an unencumbered amount that exceeds the greater of $1 million or the sum of deposits in the prior four fiscal years. This requirement ensures that housing successors are actively spending available Housing Asset Funds on affordable housing.

Table 6 shows that the Housing Successor has not accumulated an excess surplus amount during FY 2020-21. The Housing Successor had previously accrued an excess surplus amount of $92,794 in the Housing Asset Fund in FY 2018-19. In effort to eliminate the excess surplus amount, the Housing Property Senior Units % Non-Senior
Units % Total Units
Orange Tree Senior Apartments 50 100% 0 0% 50
Hillview Ridge Apartments II 0 0% 57 100% 57
Sierra Heights 2 100% 0 0% 2
Total 52 48% 57 52% 109
Total Deed-Restricted Senior Units: 48%
Source: City of Oroville
Table 5: Deed Restricted Units Assisted in Last 10 years 112
Item 8.

Oroville Housing Successor Annual Report 2020-21 11
Successor spent $239,671 in administrative costs, which is greater than the excess surplus, satisfying the requirement.

The City will continue monitoring its deposits and fund balance to avoid any future excess surplus. If the Housing Successor has an excess surplus, it must be expended or encumbered within three fiscal years.

If the housing successor fails to comply, it must transfer any excess surplus to HCD within 90 days of the end of the third fiscal year.

Step 1: Determine Unencumbered Cash Balance From Financials FY 20-21 Beginning Cash Balance $ 2,274,343
Less: Encumbered Funds $ -
Unencumbered Amount $ 2,274,343
Step 2: Determine Greater of $1M or Last 4 Deposits
$1 Million, or $ 1,000,000
Last 4 years' deposits $ 2,374,650
FY 2019-20 $ 880,377
FY 2018-19 $ 951,996
FY 2017-18 $ 346,297
FY 2016-17 $ 195,980
Result: Larger Number $ 2,374,650
Step 3: Excess Surplus is Amount Step 1 Exceeds Step 2, if Any (1) Unencumbered Amount $ 2,274,343
(2) Less: Larger Number From Step 2 $ 2,374,650
Excess Surplus None
Source: City of Oroville
Table 6: Excess Surplus FY 2020-21
113
Item 8.

Oroville Housing Successor Annual Report 2020-21 12

OTHER INFORMATION

TRANSFERS TO OTHER HOUSING SUCCESSORS
There were no transfers to another housing successor entity for a joint project pursuant to HSC Section 34176.1(c)(2).

HOMEOWNERSHIP UNIT INVENTORY
Homeownership units assisted by the Housing Successor that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies can be seen in Appendix 4. 114
Item 8.

Oroville Housing Successor Annual Report 2020-21 13
APPENDIX 1 – HOUSING ASSET TRANSFER FORM
The HAT form is attached as a separate document.
115
Item 8.

Oroville Housing Successor Annual Report 2020-21 14
APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT

REQUIREMENTS
Health and Safety Code Section 34176.1(f)
Housing Asset
Fund
Revenues &
Expenditures
Total amount deposited in the Housing Asset Fund for the fiscal year.

Amount of deposits funded by a Recognized Obligation Payment Schedule (“ROPS”).

Statement of balance at the close of the fiscal year.

Description of Expenditures for the fiscal year, broken out as follows:
• Homeless prevention and rapid rehousing
• Administrative and monitoring
• Housing development expenses by income level assisted Description of any transfers to another housing successor for a joint project.

Other Assets and
Active Projects
Description of any project(s) funded through the ROPS.

Update on property disposition efforts (note that housing successors may only hold property for up to five years, unless it is already developed with affordable housing).

Other “portfolio” balances, including:
• Statutory value of any real property either transferred from the former Agency or purchased by the Housing Asset Fund
• Value of loans and grants receivable
Inventory of homeownership units assisted by the former Agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of monies from the Low and Moderate Income Housing Fund.

Obligations &
Proportionality
Description of any outstanding production obligations of the former Agency that were inherited by the Housing Successor.

Compliance with proportionality requirements (income group targets), which must be upheld on a five-year cycle.

Percentage of deed-restricted rental housing restricted to seniors and assisted by the former Agency, the Housing Successor, or the City within the past ten years compared to the total number of units assisted by any of those three agencies.

Amount of any excess surplus, and, if any, the plan for eliminating it. 116
Item 8.

Oroville Housing Successor Annual Report 2020-21 15
APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE

REQUIREMENTS
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Administration
and Compliance
Monitoring
Annual Limit
$384,488 maximum
for FY 2020-21 (limit
varies each year)
Administrative activities such as:
• Professional services (consultant fees, auditor fees, etc.) • Staff salaries, benefits, and overhead for time spent on Housing Successor administration
• Compliance monitoring to ensure compliance with affordable housing and loan agreements
• Property maintenance at Housing Successor-owned
properties
Capped at $200,000 adjusted annually for inflation or 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.

Homeless
Prevention
and
Rapid
Rehousing
Solutions
Annual Limit
$250,000
maximum per fiscal
year
• Services for individuals and families who are homeless or would be homeless but for this assistance, including:
• Contributions toward the construction of local or regional homeless shelters
• Housing relocation and stabilization services including housing search, mediation, or outreach to property owners • Short-term or medium-term rental assistance
• Security or utility deposits
• Utility payments
• Moving cost assistance
• Credit repair
• Case management
• Other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.

Affordable
Housing
Development
No spending limit,
but must comply with
income and
age targets
“Development” includes:
• New construction
• Acquisition and rehabilitation
• Substantial rehabilitation
• Acquisition of long-term affordability covenants on multifamily units
• Preservation of at-risk units whose affordable rent restrictions would otherwise expire over the next five years
117
Item 8.

Oroville Housing Successor Annual Report 2020-21 16
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Income Targets
Fixed Five-Year
Compliance Period
(FY 2019-20 to
2023-24)
Every five years (currently FYs 2020-2024), Housing Asset Funds must meet income targets:
• At least 30% on extremely low income rental households (up to 30% AMI or “Area Median Income”)
• No more than 20% on low income households (60-80%
AMI)
Moderate and above moderate income households may not be assisted (above 80% AMI).

Failure to comply with the extremely low income requirement in any five-year compliance period will result in having to ensure that 50 percent of remaining funds be spent on extremely low
income rental units until in compliance.

Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in not being able to expend any funds on these income categories until in compliance.

Age Targets
Rolling Ten-Year
Period
For the prior ten years (resets every year), a maximum of 50% of deed-restricted rental housing units assisted by the Housing Successor or its host jurisdiction may be restricted to seniors.

If a housing successor fails to comply, Housing Asset Funds may not be spent on deed-restricted rental housing restricted to seniors until in compliance.
118
Item 8.

Oroville Housing Successor Annual Report 2020-21 17
APPENDIX 4 – HOMEOWNERSHIP UNIT INVENTORY
Homeownership Unit Inventory
Program Address
Restriction
Start Date
Restriction
End Date
First Time Home Buyer Program 10 Ruxton 12/30/2008 12/29/2028 First Time Home Buyer Program Various 11/22/2008 11/21/2038 First Time Home Buyer Program Various 11/23/2008 11/22/2038 First Time Home Buyer Program Various 11/24/2008 11/23/2038 In-Fill Construction FTHB Gray Street 11/25/2008 11/24/2038 In-Fill Construction FTHB Florence Ave. 11/26/2008 11/25/2038 In-Fill Construction FTHB Pine St 11/27/2008 11/26/2038 Landscape Improvement Program Various 11/28/2008 11/27/2038 Landscape Improvement Program Various 11/29/2008 11/28/2038 Landscape Improvement Program Various 11/30/2008 11/29/2038 Landscape Improvement Program Various 12/1/2008 11/30/2038 Landscape Improvement Program Various 12/2/2008 12/1/2038 Landscape Improvement Program Various 12/3/2008 12/2/2038 Landscape Improvement Program Various 12/4/2008 12/3/2038 Landscape Improvement Program Various 12/5/2008 12/4/2038 Landscape Improvement Program Various 12/6/2008 12/5/2038 Landscape Improvement Program Various 12/7/2008 12/6/2038 Landscape Improvement Program Various 12/8/2008 12/7/2038 Landscape Improvement Program Various 12/9/2008 12/8/2038 Landscape Improvement Program Various 12/10/2008 12/9/2038 Landscape Improvement Program Various 12/11/2008 12/10/2038 Landscape Improvement Program Various 12/12/2008 12/11/2038 Landscape Improvement Program Various 12/13/2008 12/12/2038 Landscape Improvement Program Various 12/14/2008 12/13/2038 Landscape Improvement Program Various 12/15/2008 12/14/2038 Landscape Improvement Program Various 12/16/2008 12/15/2038 Landscape Improvement Program Various 12/17/2008 12/16/2038 RDA Housing Rehabilitation Program Grand View Dr.,
Boyton Ave., Bird
St.
12/18/2008 12/17/2038
First Time Home Buyer Program Various 12/19/2008 12/18/2038 First Time Home Buyer Program Various 12/20/2008 12/19/2038 First Time Home Buyer Program Various 12/21/2008 12/20/2038 First Time Home Buyer Program Various 12/22/2008 12/21/2038 First Time Home Buyer Program Various 12/23/2008 12/22/2038 First Time Home Buyer Program Various 12/24/2008 12/23/2038 119
Item 8.

Oroville Housing Successor Annual Report 2020-21 18
First Time Home Buyer Program Various 12/25/2008 12/24/2038 First Time Home Buyer Program Various 12/26/2008 12/25/2038 First Time Home Buyer Program Various 12/27/2008 12/26/2038 First Time Home Buyer Program Various 12/28/2008 12/27/2038 First Time Home Buyer Program Various 12/29/2008 12/28/2038 In-Fill Construction FTHB Various 12/30/2008 12/29/2038 In-Fill Construction FTHB Various 12/31/2008 12/30/2038 In-Fill Construction FTHB Various 1/1/2009 12/31/2038
Landscape Improvement Program Various 1/2/2009 1/1/2039 Landscape Improvement Program Various 1/3/2009 1/2/2039 Landscape Improvement Program Various 1/4/2009 1/3/2039 Landscape Improvement Program Various 1/5/2009 1/4/2039 Landscape Improvement Program Various 1/6/2009 1/5/2039 Landscape Improvement Program Various 1/7/2009 1/6/2039 Landscape Improvement Program Various 1/8/2009 1/7/2039 Landscape Improvement Program Various 1/9/2009 1/8/2039 Landscape Improvement Program Various 1/10/2009 1/9/2039 Landscape Improvement Program Various 1/11/2009 1/10/2039 Landscape Improvement Program Various 1/12/2009 1/11/2039 Landscape Improvement Program Various 1/13/2009 1/12/2039 Landscape Improvement Program Various 1/14/2009 1/13/2039 Landscape Improvement Program Various 1/15/2009 1/14/2039 Landscape Improvement Program Various 1/16/2009 1/15/2039 Landscape Improvement Program Various 1/17/2009 1/16/2039 Landscape Improvement Program Various 1/18/2009 1/17/2039 Landscape Improvement Program Various 1/19/2009 1/18/2039 Landscape Improvement Program Various 1/20/2009 1/19/2039 Landscape Improvement Program Various 1/21/2009 1/20/2039 RDA Housing Rehabilitation Program Grand View Dr 1/22/2009 1/21/2039 RDA Housing Rehabilitation Program Boyton Ave. 1/23/2009 1/22/2039 RDA Housing Rehabilitation Program Bird St 1/24/2009 1/23/2039 RDA Housing Rehabilitation Program Various 1/25/2009 1/24/2039 RDA Housing Rehabilitation Program Various 1/26/2009 1/25/2039 RDA Housing Rehabilitation Program Various 1/27/2009 1/26/2039 RDA Housing Rehabilitation Program Various 1/28/2009 1/27/2039 First Time Home Buyer Program Various 1/29/2009 1/28/2039 First Time Home Buyer Program Various 1/30/2009 1/29/2039 First Time Home Buyer Program Various 1/31/2009 1/30/2039 First Time Home Buyer Program Various 2/1/2009 1/31/2039 First Time Home Buyer Program Various 2/2/2009 2/1/2039 First Time Home Buyer Program Various 2/3/2009 2/2/2039 First Time Home Buyer Program Various 2/4/2009 2/3/2039 120
Item 8.

Oroville Housing Successor Annual Report 2020-21 19
First Time Home Buyer Program Various 2/5/2009 2/4/2039 First Time Home Buyer Program Various 2/6/2009 2/5/2039 First Time Home Buyer Program Various 2/7/2009 2/6/2039 First Time Home Buyer Program Various 2/8/2009 2/7/2039 First Time Home Buyer Program Various 2/9/2009 2/8/2039 First Time Home Buyer Program Various 2/10/2009 2/9/2039 First Time Home Buyer Program Various 2/11/2009 2/10/2039 First Time Home Buyer Program Various 2/12/2009 2/11/2039 First Time Home Buyer Program Various 2/13/2009 2/12/2039 First Time Home Buyer Program Various 2/14/2009 2/13/2039 First Time Home Buyer Program Various 2/15/2009 2/14/2039 First Time Home Buyer Program Various 2/16/2009 2/15/2039 First Time Home Buyer Program Various 2/17/2009 2/16/2039 First Time Home Buyer Program Various 2/18/2009 2/17/2039 CALHOME Fund Rehabilitation Program Various 2/18/2039
CALHOME Fund Rehabilitation Program Various 2/19/2039
CALHOME Fund Rehabilitation Program Various 2/20/2039
First Time Home Buyer Program 1 Bremer 1/1/2007 1/1/2057 Housing Rehabilitation Project Various 10/23/2008 10/22/2058 Housing Rehabilitation Project Various 10/24/2008 10/23/2058 Housing Rehabilitation Project Various 10/25/2008 10/24/2058 Housing Rehabilitation Project Various 10/26/2008 10/25/2058 Housing Rehabilitation Project Various 10/27/2008 10/26/2058 Housing Rehabilitation Project Various 10/28/2008 10/27/2058 Housing Rehabilitation Project Various 10/29/2008 10/28/2058 Housing Rehabilitation Project Various 10/30/2008 10/29/2058 Housing Rehabilitation Project Various 10/31/2008 10/30/2058 Housing Rehabilitation Project Various 11/1/2008 10/31/2058 Housing Rehabilitation Project Various 11/2/2008 11/1/2058 Housing Rehabilitation Project Various 11/3/2008 11/2/2058 Housing Rehabilitation Project Various 11/4/2008 11/3/2058 Housing Rehabilitation Project Various 11/5/2008 11/4/2058 City Housing Construction Various 11/6/2008 11/5/2058
City Housing Construction Various 11/7/2008 11/6/2058
City Housing Construction Various 11/8/2008 11/7/2058
City Housing Construction Various 11/9/2008 11/8/2058
City Housing Construction Various 11/10/2008 11/9/2058
City Housing Construction Various 11/11/2008 11/10/2058 City Housing Construction Various 11/12/2008 11/11/2058 City Housing Construction Various 11/13/2008 11/12/2058 First Time Home Buyer Program Various 11/14/2008 11/13/2058 First Time Home Buyer Program Various 11/15/2008 11/14/2058 121
Item 8.

Oroville Housing Successor Annual Report 2020-21 20
First Time Home Buyer Program Various 11/16/2008 11/15/2058 First Time Home Buyer Program Various 11/17/2008 11/16/2058 First Time Home Buyer Program Various 11/18/2008 11/17/2058 First Time Home Buyer Program Various 11/19/2008 11/18/2058 First Time Home Buyer Program Various 11/20/2008 11/19/2058 First Time Home Buyer Program Various 11/21/2008 11/20/2058 Note: Does not include units assisted prior to 2003-04
122
Item 8.

OROVILLE HOUSING ASSETS LIST ASSEMBLY BILL X1 26 AND ASSEMBLY BILL 1484 (Health and Safety Code Section 34176)
Former Redevelopment Agency: Oroville Redevelopment Agency Successor Agency to the Former
Redevelopment Agency: City of Oroville
Entity Assuming the Housing Functions
of the former Redevelopment Agency: City of Oroville
The following Exhibits noted with an X in the box are included as part of this inventory of housing assets:

Exhibit A - Real Property
Exhibit B- Personal Property
Exhibit C - Low-Mod Encumbrances Exhibit D - Loans/Grants Receivables Exhibit E - Rents/Operations Exhibit F- Rents
Exhibit G - Deferrals
Prepared By: Amy Bergstrand
All assets transferred to the entity assuming the housing functions between February 1, 2012 and the date the exhibits were created are included in this housing assets list.

Entity Assuming the Housing Functions
Contact Name:

Bill LaGrone Title City Administrator Phone (530) 538-2235 E-Mail Address
[email protected]

Entity Assuming the Housing Functions
Contact Name:

Title Phone

E-Mail
Address

X
X
X
X
X

DEPARTMENT OF FINANCE
123
Item 8.

Exhibit A - Real Property
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Item
# Description
1 Transfering to
Veterann's
Development Corp
for affordable
Housing. City
Council approval 2 Transfering to
Veterann's
Development Corp
for affordable
5 Housing. City Transfering to
Veterann's
Development Corp
for affordable
Housing. City
Council approval
11/19/19. Appraised
8 In LPP contract. I
hope to have that
sale finalized in
2022 9
11 12
15 17
18 Type of Asset (a)
Legal Title and
Description
Carrying
Value of
Asset (b)
Total
square
footage
Square footage
reserved for lowmod housing
Is the
property
encumbered
by a lowmod
housing
covenant?
(c )
Source of
low- mod
housing
covenant
(d)
Date of
transfer to
Housing
Successor
Agency ( e)
Construction or
acquisition cost
funded with LowMod Housing
Fund monies (f)
Construction
or
acquisition
costs funded
with other
RDA funds
Construction
or acquisition
costs funded
with non-RDA
funds
Date of
construction
or acquisition
by the former
RDA
Interest in
real
property
(option to
purchase,
easement,
etc.)
Land Held for
Development for
LowMod Housing
1130 Pomona
Avenue
$20,000 N/A N/A N/A N/A 02/01/12 See footnote /f N/A N/A 04/06/04 Ownership Land Held for
Development for
Low- Mod
Housing
1550 & 1560
Veatch St.
$87,037 N/A N/A N/A N/A 02/01/12 See footnote /f N/A N/A 02/18/05 Ownership Low-Mod Housing 3265 Glen
Avenue
$105,000 1,544 1,544 no N/A 02/01/12 See footnote /f N/A N/A 08/15/08 Ownership Low-Mod Housing 33 Canyon
Highlands
$110,000 912 912 no N/A 02/01/12 See footnote /f N/A N/A 04/12/10 Ownership Low-Mod Housing 2712 Spencer
Avenue
$95,000 1,144 1,144 yes Lease/Pur
chase
Agreemen
02/01/12 See footnote /f N/A N/A 10/08/03 Ownership
Low-Mod Housing 115 Worthy
Avenue
$122,000 1,057 1,057 yes Lease/Pur
chase
Agreemen
02/01/12 See footnote /f N/A N/A 04/17/08 Ownership
Low-Mod Housing 218 Windward
Way
$125,000 1,144 1,144 yes Lease/Pur
chase
02/01/12 See footnote /f N/A N/A 01/25/08 Ownership
Low-Mod Housing 2950 El Noble
Ave.
$90,000 960 960 yes Lease/Pur
chase
Agreemen
02/01/12 See footnote /f N/A N/A 09/28/04 Ownership
Land Held for
Development for
Low- Mod
033-232-021 $23,500 N/A N/A N/A N\A 02/01/12 See footnote /f N/A N/A 05/25/06 Ownership Land Held for
Development for
Low- Mod
033-232-001 $23,500 N/A N/A N/A N/A 02/01/12 See footnote /f N/A N/A 05/25/06 Ownership City of Oroville
124
Item 8.
19 Orange Tree Senior
Apartments (City
holds a Note)
20 21 repaid 1/28/2021
22 23
24 28
29 repaid 1/21/2021
30 31
35 37
38 40
41 43
44 45
46 47
52 53
54 Repaid 3/23/2021
55 56 Foreclosed 2013
58 59
61 64
65 72 repaid 1/26/2021
73 74
75 76
77 78
81 83
86 89
91 repaid 02/16/2014
92 repaid 4/06/2021
94 96 repaid 03/02/2021
97 Foreclosure 2018
Land Held for
Development for
Low- Mod
Housing
1511 Robinson
St.
unknown N/A N/A N/A N/A 02/01/12 See footnote /f N/A N/A 02/18/05 Ownership Low-Mod Housing 719 High Street unknown 1,214 N/A Yes Lease/Pur chase
Agreemen
02/01/12 See footnote /f N/A N/A 05/16/12 Restricted
Covenant
Low-Mod Housing 194 Canyon
Highlands
unknown 1,737 N/A Yes Lease/Pur
chase
Agreemen
02/01/12 See footnote /f N/A N/A 10/25/2011 Restricted
Covenant
Low-Mod Housing 3462 Argonaut
Ave.
unknown 1,029 N/A Yes Lease/Pur
chase
Agreemen
02/01/12 See footnote /f N/A N/A 9/28/2011 Restricted
Covenant
Low-Mod Housing 244 Grand unknown 996 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 2966 Florence unknown 1,046 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 22 Butte Woods unknown N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 3630 Argonaut unknown 1,272 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 134 Nelson Ave. unknown N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 3495 Argonaut unknown 912 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 127 Flying Cloud unknown 1,175 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 2170 Mitchell unknown 788 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 1217 Bird St. unknown 1,053 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 2955 Orange unknown 1,215 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 2 La Cresenta unknown 1,125 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 2236 Del Oro unknown 774 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 2078 Campbell unknown 900 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 35 La Cresenta unknown 1,085 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 757 Gardella unknown 1,152 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 3344 Argonaut unknown 900 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 58 La Cresenta unknown 1,270 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 941 18th St. unknown 1,675 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Restricted
Low-Mod Housing 57 Jasmine Ct. unknown 1,138 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted N/A Prior 08/01/10
Low-Mod Housing 34 Acacia Ave. unknown 1,137 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Low-Mod Housing 90 Plata Ct. unknown 1,402 N/A Yes N/A 02/01/12 See footnote /f N/A Restricted Low-Mod Housing 2132 Wyandotte unknown 1,204 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 1949 Spencer unknown 1,438 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 1015 Robinson unknown 1,928 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 1776 Boynton unknown 2,374 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 2940 Grand View unknown 1,260 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 2455 Nevada unknown 1,324 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted unknown 1,307 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 1715/1765 High unknown unknow N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Low-Mod Housing 1900 Veatch St. unknown 1,144 N/A Yes N/A 02/01/12 See footnote /f N/A N/A Prior 08/01/10 Restricted Yes N/A N/A N/A Prior 08/01/10
Low-Mod Housing 1218 Bird St. unknown Yes N/A N/A N/A Prior 08/01/10 Yes N/A N/A N/A Prior 08/01/10
Low-Mod Housing 1255 Washington Ave. Yes N/A N/A N/A Prior 08/01/10 N/A N/A Prior 08/01/10
Low-Mod Housing 2701 Spencer Ave. unknown Yes N/A N/A N/A Prior 08/01/10 Yes N/A N/A N/A Prior 08/01/10
Low-Mod Housing 27 Acacia Ave. unknown Yes N/A N/A N/A Prior 08/01/10 Low-Mod Housing 650 High St. unknown Yes N/A N/A N/A Prior 08/01/10 Low-Mod Housing 1044 Pomona Ave. unknown Yes N/A
Low-Mod Housing 2056 Spencer unknown
Low-Mod Housing 3555 Argonaut unknown
Low-Mod Housing 30 Acacia Ave. unknown
Low-Mod Housing 1640 Hammon Ave. unknown
Low-Mod Housing 2991 Lower unknown 1,040
Low-Mod Housing 11 Acacia Ave.

Low-Mod Housing 41 Coarse Gold Rd. unknown
125
Item 8.
98 transferred to VHDC
on 12/16/2020 for
veteran affordable
99 housing
100 transferred to VHDC
on 10/2021 for
veteran affordable
101 Sold 9/22/2021 for
$130,000 Market
rate
102 Sold 09/15/2021 for
$165,000 Market
Exhibit B - Personal Property
City of Oroville
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) a/ Asset types any personal property provided in residences, including furniture and appliances, all housing-related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low and moderate income housing purposes, either by purchase or through a loa Exhibit C - Low-Mod Encumbrances
City of Oroville
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) 1 2
3 a/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space.
b/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements.
f/ Due to staffing constraints and the short window of time for preparation of this form upon release of the format by DOF, additional time is necessary to confirm construction/acquisition costs funded with Low-Mod Housing Fund monies.

Item # Type of Asset
a/ Description
Carrying
Value of
Asset
Date of
transfer
to
Housing
Acquisition cost
funded with LowMod Housing Fund
monies
Acquisiti
on costs
funded
with
Acquisition
costs
funded with
non- RDA
Date of
acquisition
by the
former RDA
Low-Mod Housing 3711 Ashley
Ave
unknown
Low-Mod Housing 711 Montgomery unknown
2244 Mitchell unknown
Ave.

Low-Mod Housing
2420 Baldwin unknown
Ave
1 Vehicle 2012 Ford Flex $7,500 04/30/12 $28,475 N/A N/A 7/19/11 2 Construction or
acquisition costs
funded with non-RDA
funds
Date
of
constr
uction
or
no updates
Current
owner of
the
property
Construction
or acquisition
cost funded
with Low-Mod
Housing Fund
Constructio
n or
acquisition
costs
Item # funded with
Type of housing
built or acquired
with enforceably
obligated funds
a/
Date contract
for
Enforceable
Obligation
was executed
Contractual
counterpart
y
Total
amount
currently
owed for
the
Is the property
encumbered by a
low-mod housing
covenant?
Source
of lowmod
housing
covenant
Low-Mod Housing
Low-Mod Housing 1250 Robinson unknown
St.
1,199
N/A
758
810
1,710
126
Item 8.

Exhibit D - Loans/Grants Receivables
City of Oroville
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) 1 2 repaid 1/28/2021
3 4
5 22
23 repaid 06/21/2021
24 25
29 31 repaid 2021
32 34
36 37
Was the LowMod Housing
Fund amount
issued for a loan
or a grant?
Amount of
the loan or
grant
Date the loan
or grant was
issued
Person or entity to
whom the loan or
grant was issued
Purpose for
which the
funds were
loaned or
granted
Are there
contractual
requirement
s specifying
the
purposes
for which
Repayment
date, if the
funds are for
a loan
Interest
rate of
loan a/
Current
outstanding
loan balance
Loan $80,000 5/16/2012 Please contact
Successor Agency
staff for information
about individuals.

First Time
Homebuyer
Yes 05/16/42 3.90% $80,000
10/25/2011 Please contact
Successor Agency
First Time
Homebuyer
Yes 10/25/41 4.18% $0
Loan #677 $99,000 9/28/2011 Please contact
Successor Agency
First Time
Homebuyer
Yes 09/28/41 4.42% $80,575
Item #
Loan #1 $30,100 Prior to
08/01/10
Please contact
Successor Agency
Rehabilitation Yes unknown 3% $13,606
Loan #33 $30,250 Prior to
08/01/10
Please contact
Successor Agency
First Time
Homebuyer
Yes unknown $14,847
Loan #683 $165,000
Loan #537 $50,000 Prior to
08/01/10
Please contact
Successor Agency
First Time
Homebuyer
Yes unknown Equity
Share
$49,015
Loan #172 $21,000 Prior to
08/01/10
Please contact
Successor Agency
Rehabilitation Yes 07/01/33 5% $0
Loan #209 $7,500 Prior to
08/01/10
Please contact
Successor Agency
First Time
Homebuyer
Yes 08/01/34 5% $13,866
Loan #306 $25,000 Prior to
08/01/10
Please contact
Successor Agency
First Time
Homebuyer
Yes 12/29/24 5% $45,640
Loan #400 $50,000 Prior to
08/01/10
Please contact
Successor Agency
First Time
Homebuyer
Yes 05/03/36 Equity
Share
$87,925
Loan #404 $50,000 Prior to
08/01/10
Please contact
Successor Agency
First Time
Homebuyer
Yes 06/05/36 Equity
Share
$0
Loan #410 $25,000 Prior to
08/01/10
Please contact
Successor Agency
First Time
Homebuyer
Yes 03/15/35 5% $45,380
Loan #445 $50,000 Prior to
08/01/10
Please contact
Successor Agency
First Time
Homebuyer
Yes 09/29/36 Equity
Share
$67,521
Loan #448 $50,000 Prior to
08/01/10
Yes 10/02/36 $50,000
Loan #454 $10,000 Prior to
08/01/10
Yes 07/18/35 $78,005
127
Item 8.
38 39
40 41
42 46
47 48
49 52
53 54
55 57
58 60
61 62
64 67
Loan #464 $50,000 Prior to
08/01/10
Yes 12/12/36 $86,397
Loan #474 $50,000 Prior to
08/01/10
Yes 01/19/37 $86,137
Loan #477 $50,000 Prior to
08/01/10
Yes 02/15/37 $50,000
Loan #488 $50,000 Prior to
08/01/10
Yes 04/01/37 $49,944
Loan #503 $50,000 Prior to
08/01/10
Yes 06/01/37 $50,000
Loan #527 $50,000 Prior to
08/01/10
Yes 11/01/37 $50,000
Loan #528 $50,000 Prior to
08/01/10
Yes 11/01/37 $50,000
Loan #531 $50,000 Prior to
08/01/10
Yes 12/01/37 $50,000
Loan #534 $50,000 Prior to
08/01/10
Yes 02/06/38 $50,000
Loan #551 $50,000 Prior to
08/01/10
Yes 04/01/38 $50,000
Loan #557 $50,000 Prior to
08/01/10
Yes 08/01/38 $50,000
Loan #625 $25,000 Prior to
08/01/10
Yes 07/01/40 $36,356
Loan #635 $25,000 Prior to
08/01/10
Yes 08/01/40 $25,000
Loan #18 $30,000 Prior to
08/01/10
Yes 08/01/14 $37,294
Loan #99 $21,000 Prior to
08/01/10
Yes 04/12/16 $34,378
Loan #309 $59,000 Prior to
08/01/10
Yes 01/26/15 $64,093
Loan #311 $45,000 Prior to
08/01/10
Yes 04/01/35 $66,948
Loan #314 $14,000 Prior to
08/01/10
Yes 05/01/15 $18,362
Loan #329 $4,500 Prior to
08/01/10
Yes 07/18/20 $4,500
Loan #334 $14,000 Prior to
08/01/10
Yes 08/24/35 $20,661
128
Item 8.
69 repaid 2021
70 71 repaid 2021
72 73
74 75
76 77
79 82
84 85
87 90
91 94 repaid 2021
96 98
99 Loan #352 $4,589 Prior to
08/01/10
Yes 09/28/20 $0
Loan #363 $128,572 Prior to
08/01/10
Yes 11/13/15 $403,605
Loan #381 $2,864 Prior to
08/01/10
Yes 03/20/21 $0
Loan #382 $4,589 Prior to
08/01/10
Yes 03/22/21 $4,189
Loan #385 $2,239 Prior to
08/01/10
Yes 03/23/21 $2,239
Loan #386 $4,589 Prior to
08/01/10
Yes 03/22/21 $4,189
Loan #391 $4,664 Prior to
08/01/10
Yes 08/27/25 $4,664
Loan #408 $169,494 Prior to
08/01/10
Yes 06/14/36 $239,512
Loan #419 $5,689 Prior to
08/01/10
Yes 06/27/21 $5,689
Loan #436 $104,238 Prior to
08/01/10
Yes 08/28/16 $156,719
Loan #510 $4,529 Prior to
08/01/10
Yes 04/14/37 $78,703
Loan #540 $29,300 Prior to
08/01/10
Yes 02/05/14 $37,427
Loan #549 $5,973 Prior to
08/01/10
Yes 11/16/22 $5,972
Loan #556 $50,000 Prior to
08/01/10
Yes 06/01/38 $50,000
Loan #569 $4,839 Prior to
08/01/10
Yes 11/13/23 $4,839
Loan #592 $4,440 Prior to
08/01/10
Yes 05/15/24 $4,364
Loan #613 $70,875 Prior to
08/01/10
Yes 02/15/25 $0
Loan #632 $22,950 Prior to
08/01/10
Yes 12/19/19 $47,533
Loan #645 $5,714 Prior to
08/01/10
Yes 10/15/25 $2,325
Loan #646 $5,843 Prior to
08/01/10
Yes 11/17/25 $5,843
129
Item 8.
101
102
103
104 repaid 2021
105
106
107
108
Exhibit E - Rents/Operations
City of Oroville
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) Loan #652 $1,075,000
4/5/2011
Yes 55 years $1,328,730
Loan $26,450 Prior to
08/01/10
Yes 8/24/2023 $27,958
Loan #164 $23,400 Prior to
08/01/10
Yes 5/1/2030 $28,538
Loan $3,526 Prior to
08/01/10
Yes 7/12/2020 $3,526
Loan #504 $50,000 Prior to
08/01/10
Yes 8/1/1937 $0
Loan#605 $150,000
6/1/2008
Yes 55 years $208,378
Loan #704 $1,000,000
8/12/2012
Yes 55 years $1,296,712
Loan #375 $250,000
8/30/2004
Yes 55 years $41,251
Loan #878 $660,000 6/20/19 Yes 55 years
$700,192
Item #
Type of
payment a/
Type of
property
with
which
they
payments
are
Propert
y owner
Entity
that
collects
the
payments
Entity to
which the
collected
payments are
ultimately
remitted
Purpose
for which
the
payments
are used
Is the
prope
rty
encu
mbere
d by a
lowSource of lowmod housing
covenant c/
Item #
from
Exhibit
A the
rent/ope
ration is
associat
130
Item 8.
1 2
3 4
Hilview Ridge I
Hillview Ridge II
Oroville Manor
a/ May include revenues from rents, operation of properties, residual receipt payments from developers, conditional grant repayments, costs savings and proceeds from refinancing, and principal and interest payments from homebuyers subject to enforceable income limits. b/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements.

Exhibit F - Rents
Residual Receipt Multi
Family
Low- Mod
Housing
Oroville
Pacific
Associat
es
City of
Oroville
as
Successor
Agency to
the
Former
RDA
City of Oroville
as Successor
Agency to the
Former RDA
Affordable
Housing
Related
Activities
Yes Regulatory
Agreement
105
Residual Receipt Multi
Family
Low- Mod
Housing
Oroville
Pacific
Associat
es
City of
Oroville
as
Successor
Agency to
the
Former
RDA
City of Oroville
as Successor
Agency to the
Former RDA
Affordable
Housing
Related
Activities
Yes Regulatory
Agreement
106
Residual Receipt Senior
Disabled
Low-Mod
Housing
HPD
Oroville
Manor
L.P.

City of
Oroville
as
Successor
Agency to
the
Former
RDA
City of Oroville
as Successor
Agency to the
Former RDA
Affordable
Housing
Related
Activities
Yes Regulatory
Agreement
107
Residual Receipt Senior
Low-Mod
Housing
Willow
Partners
LLC
City of
Oroville
as
Successor
Agency to
the
Former
RDA
City of Oroville
as Successor
Agency to the
Former RDA
Affordable
Housing
Related
Activities
Yes Regulatory
Agreement
131
Item 8.

City of Oroville
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) 1 sold
2 sold
3 sold
4 sold
5 sold
Item #
Type of payment
a/
Type of
property
with
which
the
payment
s are
Propert
y owner
Entity
that
collects
the
payments
Entity to
which the
collected
payments are
ultimately
remitted
Purpose
for which
the
payments
are used
Is the
prope
rty
encu
mbere
d by a
lowSource of lowmod housing
covenant c/
Item # from
Exhibit A the
rent is
associated
with (if
applicable)
Rent Low Mod
Housing
Former
RDA
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
9 Rent Low Mod
Housing
Former
RDA
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
10 Rent Low Mod
Housing
Former
RDA
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
11 Rent Low Mod
Housing
Former
RDA
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
13 Rent Low Mod
Housing
Former
RDA
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
15 132
Item 8.
6 sold 7 sold 8 sold 9
10 11
12 Rent Low Mod
Housing
Former
RDA
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
16 Rent Low Mod
Housing
Former
RDA
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
12 Rent Low Mod
Housing
Former
RDA
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
14 P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
City Former RDA Enforce
affordabilit
y covenant
Yes Lease to Purchase
Agreement
n/a
P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
City Former RDA Enforce
affordabilit
y covenant
Yes Housing
Rehabilitation
Loan
n/a
P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
City Former RDA Enforce
affordabilit
y covenant
Yes Housing
Rehabilitation
Loan
n/a
P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
City Former RDA Enforce
affordabilit
y covenant
Yes Home Repair
Loan
n/a
133
Item 8.
13 14
15 16
17 18
19 20
P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
Note
Servicing
Former RDA Enforce
affordabilit
y covenant
Yes Home Buyer Loan n/a
P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
Note
Servicing
Former RDA Enforce
affordabilit
y covenant
Yes Home Buyer Loan n/a
P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
Note
Servicing
Former RDA Enforce
affordabilit
y covenant
Yes Home Buyer Loan n/a
n/a
P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
City Former RDA Enforce
affordabilit
y covenant
Yes Housing
Rehabilitation
Loan
P&I Low Mod
Housing
Please
contact
Success
or
Agency
staff
City Former RDA Enforce
affordabilit
y covenant
Yes Home Buyer Loan
n/a
a/ May include rents or home loan payments.
b/ May include low-mod housing, mixed-income housing, low-mod housing with commercial space, mixed-income housing with commercial space. c/ May include California Redevelopment Law, tax credits, state bond indentures, and federal funds requirements. 134
Item 8.

Exhibit G - Deferrals
City of Oroville
Inventory of Assets Received Pursuant to Health and Safety Code section 34176 (a) (2) 1 2
3 Item #
Purpose for
which funds
were deferred
Fiscal
year in
which
funds
were
deferre
d
no updates
Amount
deferred
Interes
t rate
at
which
funds
were
to be
Current
amount owed
Date upon
which funds
were to be
repaid
135
Item 8.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: AMY BERGSTRAND, MANAGEMENT ANALYST III
RE: ANNUAL PROGRESS REPORT
DATE: MARCH 15, 2022

SUMMARY
Receive and file the 2021 Housing Element Annual Progress Report

BACKGROUND
California (“State”) law requires cities to submit a Housing Element Annual Progress Report (“APR”) to the State’s Department of Housing and Community Development (“HCD”) by April 1 annually. City of Oroville (“City”) staff and consultants have prepared the 2021 APR to present to City Council, which reports on residential building activity in calendar year 2021.

Failure to submit an APR within 60 days of the April 1st due date could result in court orders to compel compliance, and court sanctions if not completed as ordered. Failure to submit the APR for two or more consecutive years triggers Senate Bill (“SB”) 35 provisions streamlining affordable multifamily housing development approvals, losing significant local control over the entitlement process.

HCD uses APR data to determine if a locality has not issued enough building permits to satisfy its Regional Housing Needs Allocation (“RHNA”) by income category for a reporting period, subjecting it to SB 35 streamlining provisions until the next reporting period.

APR SUMMARY
Housing Development Activity
In the 2021 APR, Tables A and A2 summarize housing development activity for the 2021 calendar year (January 1 – December 31) as follows:
 Development Applications: The City had 6 housing applications that were submitted proposing 249 units (Table A).
 Building Permits Issued: The City issued 123 building permits for 608 housing units (Table A2).
136
Item 9.

Progress Meeting RHNA
Table B summarizes the City’s progress meeting its RHNA allocation for the 2014 to 2023 planning cycle. Based on the number of housing units issued a certificate of occupancy from 2014 to 2021, the City has a remaining need of 962 RHNA units.

The City has not fulfilled its RHNA allocation for any below moderate income levels. City staff will encourage opportunities to develop more units to help meet its RHNA allocation through 2023.

Sites Rezoned to Meet Shortfall Housing Need
Table C describes sites rezoned to accommodate a shortfall in housing need in additional to those identified in the City’s Housing Element. The City’s 2014-2022 Housing Element included Appendix B – Residential Land Inventory which identified land and vacant residential sites available to accommodate their RHNA allocation of 1,793 housing units. 3,139 vacant sites were identified in Appendix B, which is adequate to fulfill the RHNA allocation. No additional sites have been rezoned at this time.[RR1]
The City will also be required to report on whether additional sites were rezoned to meet a new “no net loss” requirement enacted by SB 166 in 2017. If a city approves development on a site identified to accommodate RHNA need in the Housing Element at a lower density or different income level than identified. The City needs to make a written finding that the need can be met by other sites identified in the housing element, or “identify and make available” other sites to accommodate the need within 180 days. Staff is analyzing development on vacant sites to report on in future APRs.

Housing Element Program Status
Table D requires the City to provide a status update on its Housing Element Programs. Staff has provided an update in Table D.

Table H requires locally owned or controlled lands declared surplus pursuant to Government Code Section 54221 or identified as excess pursuant to Government Code Section 50559.

Cities or counties are required to report any land or property held in the community redevelopment trust fund. Staff has reported 1 property 3711 Ashley Avenue that was held, however, classified as exempt surplus land.

Income Level
RHNA Allocation
(2014 to 2023)
2014 2015 2016 2017 2018 2019 2020 2021 Total
Remaining
Need
Very Low 419 2 8 366 376 43
Low 284 57 4 6 1 137 205 79
Moderate 306 0 306
Above Moderate 784 14 11 1 3 9 56 51 105 250 534
Total 1,793 71 17 15 3 9 57 51 608 831 962
Regional Housing Needs Allocation Progress
137
Item 9.

The Local Early Action Planning (“LEAP”) table requires cities to report on any funding awarded by this grant. Staff reported $65,000 in awarded amounts for infrastructure planning and a blight study.

FISCAL IMPACT:

These are informational items with no fiscal impact.

RECOMMENDATION:

RECEIVE AND FILE THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2021 ATTACHMENTS:

Attachment 1: Annual Progress Report for 2021
138
Item 9.

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

HOUSING ELEMENT ANNUAL PROGRESS

REPORT (APR) INSTRUCTIONS

INTRODUCTION
Note: Some instructions and definitions can be found in the column headers of the tables. (Cells with red markers) Government Code section 65400 requires that each city, county, or city and county, including charter cities, prepare an annual progress report (APR) on the status of the housing element of its general plan and progress in its implementation, using forms and definitions adopted by the Department of Housing and Community Development (HCD). The following form is to be used for satisfying the reporting requirements of Government Code section 65400, subdivision (a)(2).

These forms and instructions, originally adopted March 27, 2010, have been updated to incorporate new Housing Element APR requirements pursuant to Chapter 374, Statutes of 2017 (Assembly Bill 879); Chapter 366, Statutes of 2017 (Senate Bill 35), Chapter 664, Statutes of 2019 (Assembly Bill 1486), Chapter 159, Statues of 2019 (Assembly Bill 101), Chapter 661, Statutes of 2020 (Assembly Bill 1255), Chapter 15, and Statutes of 2020 How to submit the Housing Element Annual Progress Report (APR) The APR must be submitted to the Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) on or before April 1 of each year using the forms and tables specified by HCD. The APR provides information for the previous calendar year and must be submitted separately to both HCD and OPR (Gov. Code, § 65400.). There are two methods available for submitting APRs:

1. Online Annual Progress Reporting System - This allows jurisdictions to upload directly into HCD’s database, limiting the risk of errors. To use the online system, email [email protected], and request login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - Jurisdictions complete the Excel APR forms and submit to HCD at [email protected] and to OPR at [email protected]. When using the email method, send the electronic version as an Excel workbook attachment. Do not send a scanned copy of the tables. In addition to submitting Housing Element APRs, jurisdictions must also submit General Plan Annual Progress Reports to both HCD and OPR. Please email these documents to [email protected] and [email protected].

NOTE: When submitting successor entity reporting data as required pursuant to California Health and Safety Code 34176.1, the data must be identified as an addendum to the APR and emailed to [email protected] concurrently with the APR submittal. When using the online system, this report should be sent separately to the APR email box to satisfy the Government Code section 65400 reporting requirement.

TABLE OF CONTENTS

INTRODUCTION

DEFINITIONS

FORM INSTRUCTIONS

GENERAL INFORMATION

START HERE
TABLE A Housing Development Applications Submitted
TABLE A2 Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units TABLE B Regional Housing Needs Allocation Progress – Permitted Units Issued By Affordability TABLE C Sites Identified or Rezoned to Accommodate Shortfall Housing Need TABLE D Program Implementation Status pursuant to Government Code section 65583 139
Item 9.

TABLE E Commercial Development Bonus Approved pursuant to Government Code section 65915.7 TABLE F Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)(2)
TABLE G Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 Table H - Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code section 50569

DEFINITIONS

1. “Above moderate income” means households earning more than 120 percent of area median income.

2. “Annual Progress Report (APR)” means the housing element annual progress report required by Government Code section 65400 and due to HCD by April 1 of each year reporting on the prior calendar year’s activities.

3. “Application submitted” means an application submittal that has been determined complete by the jurisdiction.

4. “Area Median Income (AMI)” means the median household income based on household size of a geographic area of the state, as annually updated by the California Department of Housing and Community Development (HCD), pursuant to Health and Safety Code section 50093.

5. “Certificate of occupancy date” is the date(s) the certificate(s) of occupancy, or other evidence of readiness for occupancy (e.g., final inspection, notice of completion), was/were issued.

6. “Committed Assistance” is when a local government has entered into a legally enforceable agreement within a specific timeframe spanning from the beginning of the RHNA projection and may be executed throughout the planning period. Committed Assistance includes obligating funds or other in-kind services for affordable units available for occupancy within two years of the agreement.

7. “Completed Entitlement” means a housing development or project which has received all the required land use approvals or entitlements necessary for the issuance of a building permit. This means that there is no

8. “Density Bonus” as defined in Government Code section 65915.

9. “Extremely low-income” means a household earning less than 30 percent of area median income pursuant to Health and Safety Code, section 50105.

10. “Infill housing unit” is defined as being a unit located within an urbanized area or within an urban cluster on a site that has been previously developed for urban uses, or a vacant site where the properties adjoining at least two sides of the project site are, or previously have been, developed for urban uses. For the purposes of this definition, an urbanized area or an urban cluster is as defined by the United States Census

11. “Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

12. “Lower-income or Low-Income” means a household earning less than 80 percent of area median income pursuant to Health and Safety Code, section 50079.5.

13. “Moderate income” means households whose income does not exceed 120 percent of area median income pursuant to Health and Safety Code, section 50093.

14. “Permitted units” mean units for which building permits for new housing construction have been issued by the local government during the reporting calendar year. For this purpose, “new housing unit” means housing units as defined by the Department of Finance for inclusion in the Department of Finance’s annual “E-5 City/County Population and Housing Estimates” report, which is the same as the Census definition of a housing 140
Item 9.

Note: Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) pursuant to Government Code sections 65852.2 and 65852.22 meet the definition above.

15. “Production report” or “Annual Progress Report (APR)” means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400 of Government Code.

16. “Project” or “Development” refers to a housing related activity where new construction of a unit(s) is proposed or has had a building permit and/or certificate of occupancy issued during the reporting calendar year.

This may include single family, mixed use, multifamily, accessory dwelling unit, or any other developments where housing units, as defined by the U.S. Census Bureau and the California Department of Finance, are a component of the project.

17. “Realistic Capacity” means an estimate of the number of units that can be accommodated on each site in the inventory. The estimate must include adjustments to reflect land use controls and site improvement requirements but may rely on established minimum density standards.

18. “Reporting period” means the prior calendar year’s activities for the housing element annual progress report required by Government Code section 65400 and due to HCD by April 1 of each year and utilized to create the determination for which locality is subject to the Streamlined Ministerial Approval (SB35 Streamlining)

19. “RHNA” means the local government’s share of the regional housing need allocation pursuant to Government Code section 65584 et seq.

20. Unit Category: type of units that are classified under the following categories:
 Single Family-Detached Unit (SFD)- a one-unit structure with open space on all four sides. The unit often possesses an attached garage.
 Single Family-Attached Unit (SFA)- a one-unit structure attached to another unit by a common wall, commonly referred to as a townhouse, half-plex, or row house. The shared wall or walls extend from the foundation to the roof with adjoining units to form a property line. Each unit has individual heating and plumbing  2-, 3-, and 4-Plex Units per Structure (2-4)- a structure containing two, three, or four units and not classified as single-unit attached structure.
 5 or More Units per Structure (5+)- a structure containing five or more housing units.  Accessory Dwelling Unit (ADU) - means a unit that is attached, detached or located within the living area of the existing dwelling or residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel on which the single-family dwelling is situated pursuant to Government Code section 65852.2. An ADU also includes the following: an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code or a manufactured home, as defined in Section 18007 of the Health and Safety Code.  Mobile Home Unit/Manufactured Home – a one-unit structure that was originally constructed to be towed on its own chassis. Please note: Spaces in a mobile home park can be counted towards RHNA, if the spaces counted are new hook-ups/spaces rather than new mobile home park residents moving onto existing lots.

21. “Very low-income” means households earning less than 50 percent of area median income pursuant to Health and Safety Code, section 50105.

AUTHORITY CITED: Government Code section 65400.

FORM INSTRUCTIONS

GENERAL INFORMATION
Fields in gray auto-populate. No data entry is needed.

Some of the cells are locked to ensure data can be automatically uploaded to the online system.

Tables A and A2 of the worksheet are currently configured to accept up to 1,000 lines of data. Insert rows if Projects are now tracked at all stages of development, from initial application to final certificate of occupancy. 141
Item 9.

All dates must be entered as month/date/year (e.g., 6/1/2018).

The form works best with macros enabled in Excel.

Begin with the “Start Here” tab, as previous years’ information will pre-populate in Table B after the jurisdiction’s name is entered.

START HERE
Enter general contact and report information in the “Start Here” tab.

It is important to start with this worksheet because the answers entered will affect how information is displayed (e.g. permit numbers from prior years are pre-populated when jurisdiction’s name is entered).

Information to enter includes:
 City or County name
 Reporting calendar year (e.g., 2019). Please note: The reporting year will always be from January 1 – December 31 of the previous year.
 Contact person
 Title
 Email
 Phone
 Mailing address
This sheet includes instructions regarding submitting the Housing Element APR to HCD and OPR.

TABLE A
Housing Development Applications Submitted
Only include data on housing units and developments for which an application was deemed complete between January 1st and December 31st of the reporting year identified on the “Start Here” tab. In table A, an “application” is a formal submittal of a project for approval. This application is either an application for a discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right).

1. Project Identifier: Include the Current Assessor Parcel Number (APN) and street address. The Prior APN, Project Name and Local Jurisdiction Tracking ID are optional.  Prior APN – Enter an APN previously associated with the parcel, if applicable (optional field).  Current APN – Enter the current available APN. If necessary, enter additional APNs in the notes section field number 10.
 Street Address – Enter the number and name of street.  Project Name – Enter the project name, if available (optional field).  Local Jurisdiction Tracking ID – This may be the permit number or other identifier (optional field).

2. Unit Types: Each development should be categorized by one of the following codes. Refer to “Unit Category” in the Definitions section for additional descriptions. Use the drop-down menu to select one of the following  SFA (single-family attached unit)
 SFD (single-family detached unit)
 2-4 (two- to four-unit structures)
 5+ (five or more unit structure, multifamily)
142
Item 9.
 ADU (accessory dwelling unit)
 MH (mobile home/manufactured home)

3. Tenure: Identify whether the units within the development project are either proposed or planned at initial occupancy for either renters or owners. Use the drop-down menu to select one of the following options:
 Renter occupant (R) or
 Owner occupant (O)

4. Date Application Submitted: Enter the date the housing development application was submitted. If the application was incomplete at the time of submittal, enter the date the application was determined complete by the local government (refer to “application submitted” under definitions). Enter date as month/day/year (e.g., 6/1/2020).

5. Proposed Units Affordability by Household Incomes: For each development, list the number of units proposed in the application by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:

Very low-income households: 0-50% AMI
Low-income households: 50-80% AMI
Moderate-income households: 80-120% AMI
Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCD’s website at http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income

6. Total Proposed Units by Project: This field auto-populates with the total number of units proposed, as entered in #5 (total of deed restricted & non-deed restricted units for Very Low-, Low-, Moderate- and Above Moderate- income households).

7. Total Approved Units by Project: Enter the number of units that the jurisdiction approved for this project application.

8. Total Disapproved Units by Project. If the project is denied or total number of units is reduced, please enter the number of units denied or reduced. This value should equal Total Proposed Units by Project minus “Total Approved Units by Project.”

9. Was “Application Submitted” pursuant to Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process (SB 35 Streamlining))? Use the drop-down menu to select one of the following options:
 No
 Yes – But no action taken
 Yes – Approved
 Yes – Denied

10. Was a Density Bonus application received for this project? Answer yes or no.

11. Was the Density Bonus application approved for this project? Answer yes or no.

12. Please indicate the status of the application. Use the drop-down to select one of the following options:
 Approved
 Pending
 Disapproved

13. Notes: Use this field to enter any applicable notes about the project or development. Completion of this field is optional.
143
Item 9.

TABLE A2
Annual Building Activity Report Summary – New Construction, Entitled, Permits and Completed Units
Fields 1 through 15 Housing Development Information
This table requires information for very low, low, moderate and above moderate income housing affordability categories and for mixed-income projects. Include data on net new housing units and developments that have received any one of the following:
 An entitlement
 A building permit
 A certificate of occupancy or other form of readiness that was issued during the reporting year.

Please note: Only building permits are used for the purposes of determining progress towards RHNA (fields 7, 8 and 9 of this table, described below).

New housing units: For the APR, “new housing unit” means housing units as defined by the Department of Finance for inclusion in the Department of Finance’s annual “E-5 City/County Population and Housing Estimates” report, which is the same as the census definition of a housing unit.

Development activity spanning multiple years : It is highly likely that the same project will be reported in multiple years of APRs. For example, a project should be listed in three separate APRs if it is entitled in one year, receives the building permit next year, and the certificate of occupancy in the year following.

In scenarios where development activity spans multiple years, the jurisdiction should only report activity that occurred within the reporting year. For example, if a project received building permits in 2018 , but received entitlements in 2017 , the 2018 APR should only report the building permit information (fields 7, 8 and 9), and not include entitlement information (fields 4, 5 and 6).

Separate living quarters: A house, an apartment, a mobile home, a group of rooms, or a single room occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building and which have direct access from outside the building or through a common hall. For vacant units, the criteria of separateness and direct access are applied to the intended occupants whenever possible.

Please note: Group quarters facilities, such dormitories, student houisng, bunkhouses, and barracks cannot be counted as housing units.

Net new units: If a building is being demolished to build the new units, the APR should report net new units. For example, if 10 units are being demolished on a site to build a 100-unit building, the APR should report 100 new units and 10 units in the demolished/destroyed column. In the case of new construction where fewer units are being built than were there previously, do not report negative permits.

To assist in reporting demolished/destroyed units, refer to section number 20 below (Table A2, column 20).

All new unit information is to be listed in the following fields:

Fields 1 through 3 – Project Identifier and Unit Types

1. Project Identifier: Include the Current Assessor Parcel Number (APN) and street address. The prior APN, project name or local jurisdiction tracking ID are optional.  Prior APN – Enter an APN previously associated with the parcel, if applicable (optional field).  Current APN – Enter the current available APN. This field allows a maximum of 40 characters. If necessary enter additional APNs in the notes section field number 21.  Street Address – Enter the number and name of street.  Project Name – Enter the project name, if available (optional field).  Local Jurisdiction Tracking ID – This may be the permit number or other identifier (optional field). 144
Item 9.

2. Unit Category Codes: Each development should be categorized by one of the following codes: Refer to “Unit Category” in the Definitions section for additional descriptions. Use the drop-down menu to select one of the following options:
 SFA (single-family attached unit)
 SFD (single-family detached unit)
 2-4 (two- to four-unit structures)
 5+ (five or more unit structure, multifamily)
 ADU (accessory dwelling unit)
 MH (mobile home/manufactured home)

3. Tenure: Identify whether the units within the development project are either proposed or planned at initial occupancy for either renters or owners. Use the drop-down menu to select one of the following options:
 Renter occupant (R) or
 Owner occupant (O)
Fields 4 through 6 – Completed Entitlement

4. Affordability by Household Income – Completed Entitlement: For each development, list the number of units that have been issued a completed entitlement during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:
 Very low-income households: 0-50% AMI
 Low-income households: 50-80% AMI
 Moderate-income households: 80-120% AMI
 Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income

5. Entitlement Date Approved: Enter the date within the reporting year that all required land use approvals or entitlements were issued by the jurisdiction; leave blank if entitlement was approved outside the reporting year.

Enter date as month/day/year (e.g., 6/1/2018). Refer to definition of “Completed Entitlement.”

6. # of Units Issued Entitlements: This is an auto-populated field. This field reflects the total number of units that were entitled for very-low, low, moderate, and above moderate income, as entered in field 4 on this table.

Fields 7 through 9 – Building Permit

7. Affordability by Household Income – Building Permits: For each development, list the number of units that have been issued a building permit during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted. Refer to the Definitions section for additional descriptions:
 Very low-income households: 0-50% AMI
 Low-income households: 50-80% AMI
 Moderate-income households: 80-120% AMI
 Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income

8. Building Permits Date Issued: Enter the date within the reporting year that the building permit was issued by the jurisdiction; leave blank if building permit was issued outside the reporting year. Enter date as month/day/year (e.g., 6/1/2018). Refer to definition of “Permitted Units.”

9. # of Units Issued Building Permits: This is an auto-populated field. This field will sum units that were permitted for very-low, low, moderate, and above moderate income, as entered in field 7 on this table.

Fields 10 through 12 – Certificates of Occupancy
145
Item 9.

10. Affordability by Household Income – Certificates of Occupancy: For each development, list the number of units that issued certificates of occupancy or other form of readiness (e.g., final inspection, notice of completion) during the reporting year by affordability level and whether the units are deed restricted or non-deed restricted.

Refer to the Definitions section for additional descriptions:
 Very low-income households: 0-50% AMI
 Low-income households: 50-80% AMI
 Moderate-income households: 80-120% AMI
 Above-moderate households: above 120%
To verify income levels, refer to the income limit charts on HCDs website at http://www.hcd.ca.gov/grantsfunding/income-limits/state-and-federal-income-limits.shtml (see section for Official State Income

11. Certificates of Occupancy (or other forms of Readiness) Date Issued: Enter the date the certificate of occupancy or other form of readiness (e.g., final inspection, notice of completion) was issued for the project. For most jurisdictions, this is the final step before residents can occupy the unit. Leave blank if certificate of occupancy was not issued in the reporting year. Enter date as month/day/year (e.g., 6/1/2018).

12. # of Units Issued Certificates of Occupancy or other forms of Readiness: This is an auto-populated field. This field will sum units that were issued a certificate of occupancy for very-low, low, moderate, and above moderate income, as entered in field 10 on this table.

13. How many of the Units were Extremely-Low Income Units (Optional): To gain a greater understanding of the level of building activity to meet the needs of extremely low-income households in the state, HCD asks that you estimate, to the extent possible, the number of units affordable to extremely-low income households. This number will be a subset of the number of units affordable to very low-income households, as indicated in fields 4, 7 and 10 above. Please note: The number entered in the very low section will not be reduced by the number entered here. Although completion of this field is optional, your input would be greatly appreciated.

14. Was Project approved using Government Code section 65913.4, subdivision (b) (Streamlined Ministerial Approval Process (SB 35 Streamlining))? Use the drop-down menu to select one of the following options:
 “Y” if jurisdiction approved the project application pursuant to the streamlined ministerial approval process (SB 35 Streamlining).
 “N” for all other situations.

15. Are these infill units? To gain a greater understanding of the level of infill housing activity in the state, HCD asks that you clarify if the housing units reported are infill by selecting “Yes” or “No.” Although completion of this field is optional, your input would be greatly appreciated. See Definitions section for “infill housing units” Fields 16 through 18: Please note, if any units are reported as very-low, low, or moderate income in fields 4, 7 or 10 then information in fields 16, 17 and/or 18 must be completed to demonstrate affordability. In the absence of justification that the unit is affordable to a very- low, low, and moderate income household, the unit must be counted as above-moderate income.

Fields 16 and 17 Housing with Financial Assistance and/or Deed Restrictions For all housing units developed or approved with public financial assistance and/or have recorded affordability deed restriction or covenants, identify funding sources and/or mechanisms that enable units to be affordable.

16. Assistance Programs Used for Each Development: Enter information here if units received financial assistance from the city or county and/or other subsidy sources, have affordability restrictions or covenants, and/or recapture of public funds upon resale.

Use the drop-down menu to select the acronym of the applicable funding program(s), as listed below. To select more than one funding source click once then select the cell again and click another source.  Acq/Rehab: CalHFA Acquisition/Rehab Loan Program
 AHP: Affordable Housing Program - Fed Home Loan
 AHSC: Affordable Housing and Sustainable Communities
 CalHOME: CalHOME
146
Item 9.
 CDBG: Community Development Block Grant
 CDLAC: CDLAC Bonds (CA Debt Limit Allocation Committee)  CESH: CA Emergency Solutions & Housing
 ESG: Emergency Solutions Grant
 GSAF: Golden State Acquisition Fund
 HEAP: Homeless Emergency Aid Program
 HHAP: Homeless Housing, Assistance and Prevention Program  HKEY: Homekey
 HOME: Housing Investment Partnership Program
 HOPWA: Housing Opportunities for Persons with AIDS
 IIG: Infill Infrastructure Grant
 LHTF: Local Housing Trust Funds
 LIHTC: CTCAC/Low Income Housing Tax Credits
 MHP: Multifamily Housing Program - HCD
 MHSA: Mental Health Services Act Funding
 MPRROP: Mobilehome Park Rehab & Resident Ownership Program  MRB: Mortgage Revenue Bonds
 MyHOME: MyHome Down Payment Assistance
 NHTF: National Housing Trust Fund
 NPLH: No Place Like Home
 PBS8: Section 8 Project-Based Rental Assistance
 PDLP: Predevelopment Loan Program
 RAD: Rental Assistance Demonstration Program
 RDA: Redevelopment Agency or Successor Agency Funds
 Sec 202: HUD Section 202 Housing for the Elderly
 Sec 811: Section 811 Project Rental Assistance
 SERNA: Joe Serna Jr Farmworker Housing Program
 SHMHP: Supportive Housing MHP
 SNHP: Special Needs Housing Program - CalHFA
 TOD: Transit Oriented Development Program
 USDA: USDA Rural Development Housing Programs
 VHHP: Veterans Housing and Homeless Prevention Program  Other: Describe in Notes

17. Deed Restriction Type: Enter information here if units in the project are considered affordable to very-low, low, and/or moderate income households due to a local program or policy, such as an inclusionary housing ordinance, regulatory agreement, or a density bonus. This field should not be used to enter the number of deed restricted units. Identify the mechanism used to restrict occupancy based on affordability to produce “deed restricted” units. Use the drop-down menu to select one of the following options  “INC” if the units were approved pursuant to a local inclusionary housing ordinance.  “DB” if the units were approved using a density bonus.  “Other” for any other mechanism. Describe the source in notes section number 21.

18. Housing without Financial Assistance or Deed Restrictions: Enter information here if the units are affordable to very-low, low and moderate income households without financial assistance and/or deed restrictions. In these cases, affordability must be demonstrated by proposed sales price or rents.  Sales prices and rents must meet the definition of affordable as defined in Health and Safety Code Section 50052.5 for owner-occupied units or Health and Safety Code section 50053 for renter-occupied units. 147
Item 9.
 Describe how the newly constructed rental or ownership housing units were determined to be affordable to very- low, low, and moderate income households without either public subsidies or restrictive covenants. This may be based on various methods considering sales prices or rents relative to the income levels of households such as through a survey of comparable units in the area that show the unit would be affordable to very-low, low, or moderate income households.
o The jurisdiction can consider comparable rental prices or new sales prices (actual or anticipated). The jurisdiction should consider costs for renters (i.e., 30% of household income for rent and utilities) or owners (e.g., 30% of household income for principal, interest, taxes, insurance and utilities, pursuant to Title 25 CCR  In the absence of justification that the unit is affordable to a very- low, low, and moderate income household, the unit must be counted as above-moderate income.

19. Term of Affordability or Deed Restriction: If units have committed financial assistance and/or are deed restricted, enter the duration of the affordability or deed restriction. If units are affordable in perpetuity, enter 1,000. If multiple funding sources or deed restrictions on the development have different terms of affordability, please enter the longest term of affordability. Although completion of this field is optional, your input would be greatly appreciated.

20. Demolished/Destroyed Units: This section is to report if the project and associated APN, has a permit, entitlement or certificate of occupancy in the reporting year, and the APN previously had demolished or destroyed units.
 Enter the “Number of Demolished or Destroyed Units” in the reporting calendar year.  From the drop down menu select “demolished” if the units were torn down. Select “Destroyed” if the units were lost due to fire or other natural disaster.
 From the drop down menu “Demolished/Destroyed Units Owner or Renter” select “R” for renter or “O” for owner.

Fields 21 through 24 Density Bonus Detail: The following fields must be completed for at least a sample of density bonus projects reported by the jurisdiction and should only be completed if “DB” is one of the selections in section 17.

21. Density bonus: This section and the sections to follow are for reporting if the project received a density bonus, including concessions, incentives, waivers, or other modifications. The first field asks for the percentage of density bonus that was applied to the project.
 If the planning area's maximum allowable density is calculated based on the allowable number of units, express your response as a percentage (New total number of units - Old total number of units)/(Old total number of units); NOTE THAT WE ARE NOT PROPOSING TO EXPRESS THE DENSITY AS UNITS PER ACRE.  Alternatively, if the planning area's maximum allowable density is form- or volume-based, express your response as a percentage (New maximum allowable residential gross floor area - Old maximum allowable residential gross floor area)/(Old maximum allowable residential gross floor area)

22. Percentage of deed-restricted units: Enter the percentage of deed-restricted units in the project expressed as (percentage of deed-restricted units) / (total number of units) NOTE THAT THIS CALCULATION MIGHT ALSO BE

PROBLEMATIC IF THERE ARE DEED-RESTRICTED UNITS MANDATED BY ANOTHER SUBSIDY PROGRAM

23. Number of incentives and other modifications: Enter the total number of other incentives, concessions, waivers, or other modifications given to the project (exclude parking waivers or parking reductions). List the specific incentives, concessions, waivers, or other modifications given to the project using the drop-down menu.  On-Site Improvements
 Off-Site Improvements
 Development Standards Modification
 Other

24. Reductions or waivers of parking standards:
 Did the project receive a reduction or waiver of parking standards? Answer Yes or No. 148
Item 9.

25. Notes: Use this field to enter any applicable notes about the project or development.

TABLE B
Regional Housing Needs Allocation Progress – Permitted Units Issued By Affordability Table B is a summary of prior permitting activity in the current planning cycle, including permitting activity for the calendar year being reported. Please note, the last year of the 5th cycle will only contain units with permit dates that occurred before the end of the cycle. The first year of the 6th cycle will only contain units with permits that occurred on or after the beginning of the cycle. To assist jurisdictions in completing this form, HCD has pre-filled permit data as reported to HCD on prior APRs. Past unit information will auto-populate when the jurisdiction’s name in the general information section of the “Start Here” tab is entered. Current year permitted units will auto-populate from data reported in table A2. If permit activity for current year is inaccurate, jurisdictions should make adjustments on field number 7, Affordability by Household Income – Building Permits Please contact HCD at [email protected] if data from previous years does not populate or if different than the information supplied in Table B. Any changes made by localities to previous years’ data in Table B will not update prior APR records maintained by HCD.

Table B reports the number of units for which permits were issued to demonstrate progress in meeting the jurisdiction’s share of regional housing need for the planning period.

1. Regional Housing Needs Allocation by Income Level: Lists the jurisdiction’s assigned RHNA for the planning cycle by income group. This field will be auto-populated once the jurisdiction’s name is entered in the “Start

2. Year: Lists the building permit data for each year of the RHNA planning cycle beginning in the first year and ending with the data from the current reporting year which can be found in Table A2.

3. Total Units to Date (all years): Totals the number of units permitted in each income category.

4. Total Remaining RHNA by Income Level: This field uses the information from the “Total Units to Date” category and deducts the units by income category from the jurisdiction’s assigned RHNA number. Note: The total units remaining to meet the RHNA allocation is in the bottom right hand corner.

TABLE C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need Please note: This table should only be filled out when a city or county identified an Unaccommodated Need of sites from the previous planning period Government Code section 65584.09, has Shortfall of Sites as identified in the housing element Government Code section 65583, subdivision (c)(1); or is identifying additional sites required by No Net Loss law pursuant to Government Code section 65863. The data in this inventory serves as an addendum to the housing element sites inventory. This table should not include rezoning for a specific project.

1. Project Identifier: Include the Assessor Parcel Number (APN) and street address. The project name and local jurisdiction tracking ID are optional.

2. Date of Rezone: If rezone was required, identify the date the rezone occurred. Enter date as month/day/year (e.g., 6/1/2018).

3. RHNA Shortfall by Household Income Category: For each development or site, list the number of units that are affordable to the following income levels (refer to Definitions section for more detail):
 Very low-income households: 0-50% AMI
 Low-income households: 50-80% AMI
Note: rezoning is not required to accommodate moderate or above moderate RHNA shortfall.

4. Rezone Type: From the dropdown list, select one of the following for each project:
149
Item 9.
 No Net Loss (Government Code section 65863): When a jurisdiction permits or causes its housing element sites inventory site capacity to be insufficient to meet its remaining unmet RHNA for lower and moderateincome households. In general, a jurisdiction must demonstrate sufficient capacity on existing sites or make available adequate sites within 180 days of there being insufficient sites to meet the remaining RHNA.  Unaccommodated Need (Government Code section 65584.09): When a jurisdiction failed to identify or make adequate sites available in the prior planning period to accommodate its RHNA by income category. Note:

When this condition occurred, the housing element in the current planning period in most cases will have a program to make available adequate sites to address the unmet RHNA by income category in the first year of the planning period.
 Shortfall of Sites (Government Code section 65583, subdivision (c)(1)): When a jurisdiction does not identify adequate sites to accommodate its RHNA by income category in the current planning period. Note: When this condition occurred, the housing element for the current planning period must have included a program to make available adequate sites to address the unmet RHNA by income category. For jurisdictions on an eight year planning period, the rezones must be complete within the first three years of the planning period.

5. Parcel Size (Acres): Enter the size of the parcel in acres.

6. General Plan Designation: Enter the new General Plan Land Use designation. If no change was made, enter the current designation.

7. Zoning: Enter the new zoning designation for the parcel. If no change was made, enter the current zoning designation.

8. Density Allowed: Enter the minimum and maximum density allowed on each parcel. This is the density allowed after any zoning amendments are made. If no maximum density enter N/A.

9. Realistic Capacity: Enter the estimated realistic unit capacity for each parcel. Refer to Definitions for more information about “Realistic Capacity.”

10. Vacant/Non-vacant: From the drop-down list, select if the parcel is vacant or non-vacant. If the parcel is nonvacant, then enter the description of existing uses in Field 11.

11. Description of Existing Uses: Include a description of existing uses. Description must be specific (i.e. SFR, MF, surplus school site, operating business, vacant commercial building, parking lot). Classifications of uses (i.e. “commercial”, “retail”, “office”, or “residential”) are not sufficient.

TABLE D
Program Implementation Status pursuant to Government Code section 65583 Report the status/progress of housing element program and policy implementation for all programs described in the housing element:

1. Name of Program: List the name of the program as described in the element.

2. Objective: List the program objective (for example, “Update the accessory dwelling unit ordinance”).

3. Timeframe in Housing Element: Enter the date the objective is scheduled to be accomplished.

4. Status of Program Implementation: List the action or status of program implementation.

For your information, the following list includes the statutory requirements for housing element programs:
 Adequate sites (Gov. Code, § 65583, subd. (c)(1)). Please note: Where a jurisdiction has included a rezone program pursuant to Government Code section 65583.2, subdivision (h) to address a shortfall of capacity to accommodate its RHNA, Table C must include specific information demonstrating progress in implementation including total acres, brief description of sites, date of rezone, and compliance with by-right approval and density requirements.
 Assist in the development of low- and moderate-income housing (Gov. Code, § 65583, subd. (c)(2)). 150
Item 9.
 Remove or mitigate constraints (Gov. Code, § 65583, subd. (c)(3)).  Conserve and improve existing affordable housing (Gov. Code, § 65583, subd. (c)(4)).

Promote and affirmatively further fair housing opportunities (Gov. Code, § 65583, subd. (c)(5)).  Preserve units at-risk of conversion from low-income use (Gov. Code, § 65583, subd. (c)(6).

Please note: Jurisdictions may add additional rows in Table D to include all Housing Element programs, or to provide clarification or information relevant to demonstrating progress towards meeting RHNA objectives.

TABLE E
Commercial Development Bonus Approved pursuant to Government Code section 65915.7
Government Code section 65915.7 states:
“(a) When an applicant for approval of a commercial development has entered into an agreement for partnered housing described in subdivision (c) to contribute affordable housing through a joint project or two separate projects encompassing affordable housing, the city, county, or city and county shall grant to the commercial developer a development bonus as prescribed in subdivision (b). Housing shall be constructed on the site of the commercial development or on a site that…” meets several criteria.

If the jurisdiction has approved any commercial development bonuses during the reporting year, enter the following information:

1. Project Identifier: Include the parcel’s APN number and street address. The project name and local jurisdiction tracking ID are optional.

2. Units Constructed as Part of the Agreement: For each development, list the number of units that are affordable to the following income levels (refer to definitions for more detail):
 Very low-income households: 0-50% AMI
 Low-income households: 50-80% AMI
 Moderate-income households: 80-120% AMI
 Above-moderate households: above 120%

3. Description of Commercial Development Bonus: Include a description of the commercial development bonus approved by the jurisdiction.

4. Commercial Development Bonus Date Approved: Enter the date that the jurisdiction approved the commercial development bonus. Enter date as month/day/year (e.g., 6/1/2018).

TABLE F
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1, subdivision (c)
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c).

Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Units that Do Not Count Toward RHNA: The jurisdiction may list for informational purposes only, units that do not count toward RHNA but were substantially rehabilitated, acquired or preserved.

Units that Count Toward RHNA: To enter units in this table as progress toward RHNA, please contact HCD at [email protected]. HCD will provide a password to unlock the grey fields. 151
Item 9.

In order to count units reported in this table as progress towards RHNA, the jurisdiction will need to provide information that demonstrate the units meet the standards set forth in Government Code section 65583.1, subdivision (c). These program requirements are summarized on the Alternative Adequate Sites Checklist.

If HCD finds that the units meet the standards set forth in Government Code section 65583.1, subdivision (c) these units may credit up to 25 percent of the jurisdiction’s adequate sites requirement per income category.

Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1 Chapter 664, Statutes of 2019 (AB 1486) added to the Government code section 65400.1, which requires jurisdictions to include in this APR a listing of sites owned by the locality that were included in the housing element sites inventory and were sold, leased, or otherwise disposed of during the reporting year.

The listing of sites must include the entity to whom the site was transferred, and the intended use of the site.

Table H
Locally Owned or Controlled Lands Declared Surplus Pursuant to Government Code section 54221, or Identified as Excess Pursuant to Government Code section 50569 Chapter 661, Statutes of 2019 (AB 1255) amended Government Code section 54230 to require cities and counties to create an inventory of surplus lands defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls. Please note:

Jurisdictions are only required to report on property located in an urban area or urbanized cluster. For a map of urban areas and urban clusters, please see HCD website here:
https://cahcd.maps.arcgis.com/apps/webappviewer/index.html?id=5a63b04d7c494a6ebb2aa38a2c3576f5 Cities and counties must make a description of each parcel described in paragraph (1) of Government Code section 54230 and the present use of the parcel a matter of public record and shall report this information to the Department of Housing and Community Development no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by the department, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.
“Surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Land shall be declared either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. A local agency, on an annual basis, may declare multiple parcels as “surplus land” or “exempt surplus land.”
“Surplus land” includes land held in the Community Redevelopment Property Trust Fund pursuant to Section 34191.4 of the Health and Safety Code and land that has been designated in the long-range property management plan approved by the Department of Finance pursuant to Section 34191.5 of the Health and Safety Code, either for sale or for future development, but does not include any specific disposal of land to an identified entity described in the plan.

Parcel Description must include the following:

1. APN: Enter the parcel number of the identified property.

2. Street Address/Intersection: Enter the street address of the property. If no street address is available, enter the closest kn 152
Item 9.

3. Existing Use: Select the existing use of the property. Use the drop-down menu to select one of the following options:
 Residential
 Commercial
 Industrial
 Public Facilities
 Vacant
 Air Rights
 Other

4. Number of Units: If the existing use is residential, enter the number of units on the property.

5. Surplus Designation: Please identify if the property has been designated surplus or exempt surplus pursuant to Government Code section 54221, or excess pursuant to Government Code section 50569.

6. Parcel Size (in acres): Enter the parcel size in acres.

7. Notes (Optional): Please include any applicable notes providing additional property description. This could include description of any characteristics of the property.

Local Early Action Planning (LEAP) Grant Reporting
Pursuant to Health and Safety Code section 50515.04, recipients of Local Early Action Planning (LEAP) grants shall annually report by April 1 of the year following receipt of those funds on the status of proposed uses in the application. The report shall address the housing impact within the jurisdiction, including a summary of building permits, certificates of occupancy or other completed entitlements. Data sources may include the LEAP application (e.g., Attachment 1: Project Timeline and Budget), re-imbursement requests, other portions of the annual progress reports and other summary records of program activities.

1. Total Award Amount: Utilizing the LEAP application and award letter, fill in the total award amount for all proposed LEAP activities.

2. Task: Utilizing Attachment 1: Project Timeline and Budget from the LEAP application, fill in all project level tasks. Do not fill in sub-tasks. For example, an application might include a project level task to prepare and adopt a downtown specific plan. In this case, simply fill in downtown specific plan and do not fill in sub-tasks such as outreach, traffic studies, drafting and adoption.

3. $ Amount Awarded: Utilizing Attachment 1: Project Timeline and Budget from the LEAP application, fill in the total amount awarded for each project level task.

4. $ Cumulative Reimbursement Requested: Utilizing reimbursement requests sent to the Department, add up all requested amounts for each project level task. Note, this is reimbursement “requested” and not reimbursement “received”. At the time of reporting, some reimbursement requests may be in process. The table does not need to address reimbursements in process.

5. Task Status: Provide a brief description of the status of project level tasks. This description should address recently completed, upcoming milestones, anticipated completion dates and any schedule slippage. In addition, task status may express progress as a percentage of completion (e.g., 50% complete).

6. Other Funding: Note any other funding sources by amount being utilized to complete each project level task. If no other funding sources are being utilized, enter N/A. Examples of other funding includes SB 2 planning grants program, SB 1 sustainability planning grants program and local general funds. 153
Item 9.

7. Notes: Enter any other relevant information related to progress and impacts such as reasons for delays, anticipated numerical outcomes, etc.

8. Summary of Entitlements, Building Permits and Certificates of Occupancy: These tables will auto-populate from Table A2.
154
Item 9.
h red markers)
155
Item 9.
156
Item 9.
157
Item 9.
158
Item 9.
159
Item 9.
160
Item 9.
161
Item 9.
162
Item 9.
163
Item 9.
164
Item 9.
165
Item 9.
166
Item 9.
167
Item 9.
le, enter the closest known intersection.
168
Item 9.
following options:
169
Item 9.

Frequently Asked Questions
Can I leave a row blank? Yes, you may leave blank rows in between rows that have information. However, you may not leave more than 10 rows in a row blank in between rows with information.

How do I delete rows? Click on a cell in the row(s) and type Ctrl-d.

Note: Macros must be enabled
Why are the rows not summing correctly? The summary tab and sum rows only include activities that occurred during the reporting year, according to the year entered in the "Start Here" tab.

Why are some cells highlighted yellow or green?
Yellow Cells: Required cells for each row become highlighted yellow once any cell in the row contains a character. The affordability descriptions become highlighted and required once any lower or moderate income units are entered into the form.

Green Cells: Cells highlighted green are where you indicate the number of units by affordability. This is required for any project in Table A. This is also required for the applicable sections (completed entitlement, issued building permits, issued certificates of occupancy) of Table A2. For example, if a project in Table A2 was issued a building permit, but not an entitlement or certificate of occupancy during the reporting year, you would enter the unit count in one of the green cells in the building permit section only. You may leave the other sections blank even though they are highlighted green, since they wouldn't apply to this example. Once a value is entered into this range, the range will no longer be highlighted green.

Why are the date cells highlighted red?
Cells can be highlighted red for two reasons:

Date cells: Sometimes, dates that are copied and pasted into this form are formatted as text. When pasting dates into the form please paste with the "match destination formatting" option. If the date cells are still highlighted red, they contain text. These must be converted to dates. To do so, open a blank workbook and paste in the dates that are formatted as text. In an adjacent column, enter the function =DATEVALUE and refer the function to the cell with date formatted as text.

This will result in a 5-digit number. Copy and paste these 5-digit numbers back into the APR form, then change the format of the cells to "Short Date" (i.e., 3/4/2012).

Text cells: Cells can also be highlighted red if the length of the text entered into the cell exceeds the character limit.

Can the same project be included in both Table A and Table A2? Yes. Table A tracks all applications for residential development that were received and deemed complete during the reporting year. Table A2 tracks all entitlements, building permits, and certificates of occupancy for residential development that were issued in the reporting year. If a project was applied for and received entitlements, building permits, and/or certificates of occupancy during the reporting year, that project would be listed in both Table A and Table A2.

What if I have nothing to report? At minimum, the "Start Here" tab and Table D must be completed. If you have nothing to report in any of the other tables, please leave them blank, do NOT put N/A or something similar.

How do I correct or update the values in Table B?
Table B contains data HCD has received from prior APR submittals as of October 6, 2020. If the numbers do not match your records, please contact HCD.

Do I need to take the form to my Council or Board prior to submitting the APR? Government Code section 65400 requires the planning agency to provide this report to the legislative body (i.e. local Council or Board), HCD, and OPR by April 1 of each year. The statute does not specify in which order they be provided, and HCD does not require the report to be submitted to the legislative body prior to submitting it to HCD.

Can I use this form for a prior year?
You can use this form for 2018 -2020. Make sure to change the reporting year in row 5 of the "Start Here" tab. Table G is not required for 2018. Table H and LEAP are not required for 2018-2019.

For the years 2017 and prior, you must use the old version of the APR. Please contact HCD at [email protected] to obtain.

Does submitting the Housing Element APR fulfill the requirements of submitting a General Plan APR? No. Government Code section 65400 requires jurisdictions to also submit a General Plan Annual Progress Report to OPR and HCD. These can be emailed to [email protected] and [email protected]
170
Item 9.

Jurisdiction Name
Reporting Calendar Year
First Name
Last Name
Title
Email
Phone
Street Address
City
Zipcode
v 1_13_2022
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.
1735 Montgomery Street
Oroville
95965
Please Start Here
General Information
2021
Oroville
Contact Information
Amy
Bergstrand
Management Analyst III
[email protected]
5305382584
Mailing Address
Annual Progress Report January 2020
171
Item 9.

Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Submittal Instructions
Please save your file as Jurisdictionname2021 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2021 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
172
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Was a Density
Bonus requested
for this housing
development?
Summary Row: Start Data Entry Below 183 0 66 0 0 0 0 249 12 0 012-064-001 Veterans Housing
Development Corporation PL2009-001
SFA O
5/5/2021
12 12
035-240-044 500 Mitchell Ave Mitchel Avenue Senior
Apartments PL2010-003 5+ R
2/10/2021
26 9 35
035-240-043 500 Mitchell Ave Mitchell Avenue Senior
Apartments Phase II
PL2105-005
5+ R
5/25/2021
26 9 35
031-053-067 Riverbend Family
Apartments Phase II PL2105-006 5+ R
5/25/2021
52 19 71
031-1110-037 65 Tuscany Dr. Olive Ranch Affordable
Apartments Phase 3 PL2106-006 5+ R
6/17/2021
36 14 50
031-051-060 Mono Avenue
Apartements Phase I PL2106-008 5+ R
6/23/2021
31 15 46 12
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 173
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability or
Deed Restriction Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
LowIncome
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome Non
Deed
Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35
Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction
(years) (if affordable in
perpetuity enter 1000)+
Number of
Demolished/De
stroyed Units
Demolished or
Destroyed
Units
Demolished/D
estroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or
Parking
Modifications)
Did the project receive
a reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 366 0 137 0 0 0 105 608 0 0 0 0 0 0 0 0 0 0 0 0 031-053-067 Riverbend Family
Apartments 5+ R 0 6/21/2021 0 0 N
031-053-068 Riverbend Family
Apartments 5+ R 0 6/21/2021 0 0 N
031-053-069 213 Table
Mountain Blvd.

Riverbend Family
Apartments B2101-062 5+ R 0 52 19 6/23/2021 71 0 N
031-053-071 207 Table
Mountain Blvd.

Riverbend Family
Apartments B2101-065 5+ R 0 34 14 6/23/2021 48 0 N
031-053-072 Riverbend Family
Apartments 5+ R 0 6/21/2021 0 0 N
031-053-073 203 Table
Mountain Blvd.

Riverbend Family
Apartments B2101-067 5+ R 0 6/23/2021 0 0 N
031-053-074 205 Table
Mountain Blvd.

Riverbend Family
Apartments B2101-066 5+ R 0 6/23/2021 0 0 N
031-053-075 Riverbend Family
Apartments 5+ R 0 6/21/2021 0 0 N
031-053-076 Riverbend Family
Apartments 5+ R 0 6/21/2021 0 0 N
031-053-101 211 Table
Mountain Blvd.,
Riverbend Family
Apartments B2101-063 5+ R 0 6/23/2021 0 0 N
031-053-101 209 Table
Mountain Blvd.

Riverbend Family
Apartments B2101-064 5+ R 0 6/23/2021 0 0 N
031-053-067
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-068
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-069
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-071
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-072
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-073
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-074
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-075
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-076
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-101
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-053-101
Riverbend Family
Apartments Phase
II
5+ R 6/10/2021
0 0 0
031-051-060 Mono Ave
Apartments 5+ R 0 31 15 6/24/2021 46 0
031-051-015 Mono Ave
Apartments 5+ R 6/24/2021 0 0 0
031-120-037 Olive Ranch
Apartments Phase I 5+ R 0 58 22 3/21/2021 80 0 N
031-120-037
Olive Ranch
Apartments Phase
II
5+ R
0 57 22 10/5/2021 79 0 N
031-110-037 65 Tuscany Dr.

Olive Ranch
Apartments Phase
III
B2101-031 5+ R 6/24/2021
0 36 14 4/6/2021 50 0 N
031-110-037 75 Tuscany Dr.

Olive Ranch
Apartments Phase
III
B2101-028 5+ R 6/24/2021
0 4/6/2021 0 0 N
031-110-037 85 Tuscany Dr.

Olive Ranch
Apartments Phase
III
B2101-027 5+ R 6/17/2021
0 4/6/2021 0 0 N
031-110-037 95 Tuscany Dr.

Olive Ranch
Apartments Phase
III
B2106-041 5+ R 6/24/2021
0 10/6/2021 0 0 N
031-110-038 95 Tuscany Dr.

Olive Ranch
Apartments Phase
III
B2106-042 5+ R 6/24/2021
0 10/6/2021 0 0 N
035-240-043 500 Mitchell Ave Mitchell Ave B2101-082 5+ R 0 26 9 6/23/2021 35 0 035-240-044 500 Mitchell Ave Mitchell Ave Phase
II B2101-025 5+ R 11/18/2021 0 26 9 10/6/2021 35 0
012-064-001 95 Tuscany Dr.

Oroville Veterans
Village, Phase I 5+ R 5/5/2021 0 12 10/6/2021 12 0
031-110-037
95 Tuscany Dr.

Olive Ranch
Apartments Phase
III
B2106-043 5+ R 6/27/2021
0 10/6/2021 0 0
013-290-048 400 Hillview Ridge
Lane
Sierra Heights
Apartments Phase I B2012-048 5+ R 0 47 5/20/2021 47 0 N 013-290-048
Sierra Heights
Apartments Phase
II
5+ R
0 34 13 4/2/2021 47 0
030-590-008 98 Plata Ct B1912-055 SFD O 0 1 9/22/2021 1 9/22/2021 0 N 030-590-020 933 18th St. B1911-056 SFD O 0 1 4/15/2021 1 4/15/2021 0 N 030-590-011 103 Plata Ct. B1912-059 SFD O 0 1 5/5/2021 1 5/5/2021 0 N 030-590-005 92 Plata Ct. B1912-061 SFD O 0 1 9/24/2021 1 9/24/2021 0 N 030-590-014 95 Plata Ct. B1912-062 SFD O 0 1 5/5/2021 1 5/5/2021 0 N 030-590-006 94 Plata Ct. B1912-064 SFD O 0 1 9/26/2021 1 9/26/2021 0 N 030-590-018 937 18th St. B1912-065 SFD O 0 1 4/15/2021 1 4/15/2021 0 N 030-590-009 100 Plata Ct. B1912-068 SFD O 0 1 9/28/2021 1 9/28/2021 0 N 030-590-012 101 Plata Ct. B1912-071 SFD O 0 1 12/15/2021 1 12/15/2021 0 N 030-590-013 97 Plata Ct. B1912-074 SFD O 0 1 4/27/2021 1 4/27/2021 0 N 030-590-007 96 Plata Ct. B1912-076 SFD O 0 1 9/27/2021 1 9/27/2021 0 N 030-590-019 935 18th St B1912-077 SFD O 0 1 4/15/2021 1 4/15/2021 0 N 030-590-010 105 Plata Ct B1912-080 SFD O 0 1 12/15/2021 1 12/15/2021 0 N 030-590-036 23 Mineral Way B1912-086 SFD O 0 1 12/15/2021 1 12/15/2021 0 N 030-590-039 17 Mineral Way B1912-087 SFD O 0 1 10/5/2021 1 10/5/2021 0 N 030-580-001 15 Mineral Way B1912-088 SFD O 0 1 12/12/2021 1 12/12/2021 0 N 030-590-032 72 Magnesio B1912-089 SFD O 0 1 5/20/2021 1 5/20/2021 0 N 030-580-035 20 Mineral Way B1912-090 SFD O 0 1 7/12/2021 1 7/12/2021 0 N 030-580-031 47 Titanio B1912-091 SFD O 0 1 7/30/2021 1 7/30/2021 0 N 030-580-033 29 Mineral Way B1912-092 SFD O 0 1 12/15/2021 1 12/15/2021 0 N 030-580-038 26 Mineral Way B1912-093 SFD O 0 1 6/30/2021 1 6/30/2021 0 N 030-580-004 9 Mineral Way B1912-094 SFD O 0 1 9/1/2021 1 9/1/2021 0 N 030-580-034 27 Mineral Way B1912-095 SFD O 0 1 6/22/2021 1 6/22/2021 0 030-580-039 28 Mineral Way B1912-096 SFD O 0 1 6/2/2021 1 6/2/2021 0 030-580-003 11 Mineral Way B1912-098 SFD O 0 1 9/1/2021 1 9/1/2021 0 030-580-021 931 18th St. B1912-099 SFD O 0 1 4/8/2021 1 4/8/2021 0 030-580-037 21 Mineral Way B1912-100 SFD O 0 1 10/6/2021 1 10/6/2021 0 030-580-046 73 Magnesio B1912-102 SFD O 0 1 5/19/2021 1 5/19/2021 0 030-580-036 22 Mineral Way B1912-103 SFD O 0 1 7/29/2021 1 7/29/2021 0 030-580-032 45 Titanio B1912-104 SFD O 0 1 8/23/2021 1 8/23/2021 0 030-580-040 71 Magnesio B1912-105 SFD O 0 1 5/19/2021 1 5/19/2021 0 030-580-037 24 Mineral Way B1912-106 SFD O 0 1 6/29/2021 1 6/29/2021 0 030-580-002 42 Titanio B1912-107 SFD O 0 1 8/23/2021 1 8/23/2021 0 030-580-035 25 Mineral Way B1912-108 SFD O 0 1 12/15/2021 1 12/15/2021 0 030-580-030 49 Titanio B1912-109 SFD O 0 1 7/21/2021 1 7/21/2021 0 030-580-002 13 Mineral Way B1912-110 SFD O 0 1 8/23/2021 1 8/23/2021 0 030-590-022 929 18th Street B1912-111 SFD O 0 1 4/1/2021 1 4/1/2021 0 030-590-038 16 Mineral Way B1912-101 SFD O 0 1 10/6/2021 1 10/6/2021 0 031-086-018 61 La Cresenta
Dr. B2005-057 SFD O 0 1 1/19/2021 1 1/19/2021 0
068-040-073 100 Limelight
Way B2007-085 SFD O 0 1 10/7/2021 1 10/7/2021 0
033-500-011 11 Hawley Trl B2008-023 SFD 0 1 6/10/2021 1 6/10/2021 0 012-022--010 1357 Broderick
Street B2010-072 ADU O 0 1 5/24/2021 1 5/24/2021 0
033-160-012 261 Canyon
Highlands Dr. B2102-034 ADU O 0 1 4/23/2021 1 4/23/2021 0 068-090-016 99 Pine Oaks Rd.
#1 B2104-020 ADU O 0 1 8/26/2021 1 8/26/2021 0
033-370-039 61 Valley View
Dr. #A B2106-039 ADU O 0 1 10/6/2021 1 10/6/2021 0
079--010-038 85 Brookdale Dr. B2011-033 SFD O 0 1 1/25/2021 1 0 035-172-011 1915 Greenville
St. B2102-010 SFD O 0 1 6/30/2021 1 0
079-040-033 22 Pleasant Oak
Ln. B2103-030 SFD O 0 1 5/26/2021 1 0
033-500-001 1 Hawley Trl. B2103-049 SFD O 0 1 8/26/2021 1 0 079-040-010 31 Butte Woods
Dr. B2104-012 SFD O 0 1 8/23/2021 1 0
068-070-002 16 Zepher Way B2106-044 SFD O 0 1 8/4/2021 1 0 0 0 0
030-580-033 19 Mineral Way B1912-112 SFD O 0 1 1/22/2021 1 0 030-580-034 18 Mineral Way B1912-113 SFD O 0 1 1/22/2021 1 0 030-550-025 6 Patrick Ct. B2009-034 SFD O 0 1 4/6/2021 1 0 033-170-005 132 Valley View
Dr. B2012-037 SFD O 0 2/8/2021 0 0
033-293-009 28 Canyon
Highlands Dr. B2012-040 SFD O 0 2/8/2021 0 0
013-063-014 3070 Grand View
Ave. B2012-024 SFD O 0 7/6/2021 0 0
035-510-013 2745 Myers St. B2012-032 SFD O 0 4/29/2021 0 0 035-195-016 2665 Oroville
Banghor Hwy B2103-038 SFD O 0 2/22/2021 0 0
031-340-047 119 Morningstar
Ave. B2103-053 SFD O 0 5/21/2021 0 0
012-061-007 820 Montgomery
St. B2104-018 SFD O 0 3/8/2021 0 0
012-061-007
820 Montgomery
St. B2104-004 SFD O 0 4/1/2021 0 0
012-135-011 1325 High St. B2104-009 SFD O 0 4/5/2021 0 0 035-071-031 3116 Myers St. B2104-032 SFD O 0 4/16/2021 0 0 068-080-014 15 Woodcrest Dr. B2104-036 SFD O 0 5/18/2021 0 0 0122-252-012 2240 Wilcox Ave. B2104-045 SFD O 0 4/21/2021 0 0 031-281-102 830 Feather Ave. B2104-048 SFD O 0 4/21/2021 0 0 031-140-070 39 Nelsion Ave. B2104-049 SFD O 0 9/27/2021 0 0 033-210-002 89 Highlands B2105-015 SFD O 0 9/23/2021 0 0 035-520-025 3096 Florence
Blvd. B2105-028 SFD O 0 5/13/2021 0 0
013-042-028 1558 Bridge St.
#17 B2105-032 SFD O 0 9/21/2021 0 0
035-168-028 3745 Fallbrook
Ave B2105-054 SFD O 0 5/21/2021 0 0
012-254-006 2280 Spencer Ave B2105-076 SFD O 0 5/28/2021 0 0 031-350-025 28 Evanswood
Cir. #28 B2106-024 SFD O 0 8/9/2021 0 0
035-050-094 2750 Lincoln Blvd. B2106-049 SFD O 0 8/24/2021 0 0 35-500-020 2630 Brown Ave. B2107-011 SFD O 0 9/27/2021 0 0 031-350-001 71 Evanswood B2107-061 SFD O 0 9/9/2021 0 0 033-453-012 3612 Argonaut
Ave. B2108-031 SFD O 0 9/23/2021 0 0
012-126-003 961 Robinson St. B2108-052 SFD O 0 8/25/2021 0 0 013-250-048 2739 Mitchell Ave
#2 B2109-040 SFD O 0 9/21/2021 0 0
079-410-013 123 Pierpont Dr. B2110-010 SFD O 0 10/4/2021 0 0 033-430-039 23 Leslie Ln. B2110-026 SFD O 0 12/17/2021 0 0 033-232-010 5 Midway Dr B2110-034 SFD O 0 10/18/2021 0 0 012-121-012 730 Robinson St. B2111-001 SFD O 0 11/1/2021 0 0 031-053-065 5 Mono Ave #10 B2111-026 SFD O 0 12/17/2021 0 0 068-300-105 3474 Glen Ave. B211-028 SFD O 0 12/13/2021 0 0 012-135-018 1340 Pomona Ave B2111-038 SFD O 0 11/15/2021 0 0 035-146-013 1940 Greenville
St. B2112-002 SFD O 0 12/1/2021 0 0
013-084-009 2929 Gawthorne
Ave. B2112-017 SFD O 0 12/6/2021 0 0
035-143-019 1830 Fort Wayne
St. B2112-053 SFD O 0 12/29/2021 0 0
035-082-022 2428 A St. B2103-071 SFD O 0 4/9/2021 0 4/9/2021 0 033-223-010 28 Service St. B1410-22 SFD O 0 10/7/2021 0 10/7/2021 0 068-090-001 66 Pine Oaks Rd B1706-034 SFD O 0 9/1/2021 0 9/1/2021 0 031-130-048 95 Oroview Dr. B1808-047 SFD O 0 9/21/2021 0 9/21/2021 0 031-130-038 125 Grand Ave. B1808-054 SFD O 0 2/25/2021 0 2/25/2021 0 079-020-047 67 Westelle Dr. B2002-013 SFD O 0 9/10/2021 0 9/10/2021 0 035-121-006 3411 Fallbrook
Ave B2007-071 SFD O 0 2/17/2021 0 2/17/2021 0
033-260-007 25 A Acacia Ave
A B2008-028 SFD O 0 2/17/2021 0 2/17/2021 0
035-520-065 2909 El Noble Ave B2010-057 SFD O 0 7/22/2021 0 7/22/2021 0 033-233-044 27 Oak Park Way B2011-002 SFD O 0 1/19/2021 0 1/19/2021 0 012-135-007 1255 High St. B2012-015 SFD O 0 2/10/2021 0 2/10/2021 0 035-500-019 2610 Brown Ave. B2102-018 SFD O 0 6/2/2021 0 6/2/2021 0 035-500-018 2592 Browne Ave. B2103-014 SFD O 0 8/3/2021 0 8/3/2021 0 012-135-011 1325 High St. B2104-009 SFD O 0 4/20/2021 0 4/20/2021 0 035-153-016 2154 Fort Wayne
St. B2105-075 MH O 0 1 9/27/2021 1 0
035-083-009 2385 A St B2103-043 MH O 0 1 10/1/2021 1 0
035-095-010
3290 Burlington
Ave B22103-042 MH O 0 1 10/11/2021 1 0
035-240-100 Cascade
Apartments 5+ R 3/31/2021 0 3/31/2021 0 0
035-103-006 1957 C St B2110-046 MH O 0 1 12/1/2021 1 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance and/or
Deed Restrictions Project Identifier Demolished/Destroyed Units (CCR Title 25 §6202)
Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
174
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Note: "+" indicates an optional field
(CCR Title 25 §6202)
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
175
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Note: "+" indicates an optional field
(CCR Title 25 §6202)
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
176
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Note: "+" indicates an optional field
(CCR Title 25 §6202)
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
000
177
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Note: "+" indicates an optional field
(CCR Title 25 §6202)
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
178
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 06/15/2014 - 06/15/2022 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2014 2015 2016 2017 2018 2019 2020 2021 2022 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - 366 -
Non-Deed Restricted - 2 8 - - - - - -
Deed Restricted 50 - - - - 1 - 137 -
Non-Deed Restricted 7 4 6 - - - - - -
Deed Restricted - - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Above Moderate 784 14 11 1 3 9 56 51 105 - 250 534
1,793
71 17 15 3 9 57 51 608 - 831 962
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 79 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.

Total RHNA
Total Units
Income Level
Very Low
Low
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 306
376
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
419
284
306
Please contact HCD if your data is different than the material supplied here 205
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
43 179
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
(CCR Title 25 §6202)
180
Item 9.

Jurisdiction Oroville
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Policy 1.1 Encourage
Home Ownership
Action 1.1.1: Provide homebuyer and
first-time homebuyer assistance up to
$100,000 or 45% of the purchase price of
the home; whichever is less. The
maximum purchase price allowed is
$200,000; for each qualified household,
with a goal of assisting five units per
year. However, these terms are subject
to change with program guideline
chnages and a city council action item.

Application to be made
annually, subject to the
State application cycle.

The City was awarded HOME funding in 2019 in the amount of $1,000,000.

City applied for and we have heard was awarded $1,000,000 of 2020 CDBG NOFA, no award letter has been received nor standard agreement executed. City applied for $1,650,000 for Mortgage Assistance in the 2019 CalHOME NOFA and was NOT funded.

Policy 1.2 Work
cooperatively with other
governmental entities to
reduce homelessness and
facilitate the provision of
shelter and services for
those in need.

Action 1.2.1: Continue to work with the
Butte County Homeless Coalition
Continuum of Care Coalition to reduce
the number of homeless individuals in
the area.

Throughout the planning
period.

City Council has a member and alternate member on the Butte County CoC which meets at a minimum monthly to further CoC objectives that are then brought back to the city council and city staff to consider.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
181
Item 9.

Policy 1.2 Work
cooperatively with other
governmental entities to
reduce homelessness and
facilitate the provision of
shelter and services for
those in need.

Action 1.2.2: Ensure that City zoning
regulations for emergency shelters,
transitional and supportive housing, and
Single Room Occupancy (SRO) housing
facilitate these uses consistent with
state law, and provide assistance with
grant applications for the development
of new facilities to serve the homeless.

Continue to assist
sponsors with
applications for special
needs housing on a
project-by-project basis
throughout the planning
period.

On May 6, 2014, the City Council adopted Ordinance No. 1804 to amend the City's Zoning Code for fulfilling objects as specificed in the 2009-2014 Housing Element of the General Plan. The ordinance included regulations for emergency shelters, transitional and supportive housing, and SRO's to ensure consistency with state law. additionally, the City has a temporary ordinance allowing RVs and mobile homes on residential lots to alleviate the acute housing shortage caused by the Paradise Camp Fire and now the Bear Fire.

Policy 1.2 Work
cooperatively with other
governmental entities to
reduce homelessness and
facilitate the provision of
shelter and services for
those in need.

Action 1.2.3: Maintain and publicize a
comprehensive listing of housing
developments that serve low-income
households, persons with disabilities,
and other special needs populations.

The City provides updated
lists to public entities and
special service
organizations annually and
as requested. Additionally,
the list is updated and
posted on the City's
website and shared with
the Butte County Housing
Authority as changes
occur.

There is an updated list of affordable housing projects on the City's website under Services/Housing Development/Affordable Housing in Oroville.

Policy 1.3: Continute to
facilitate the provision for
housing for persons with
disabilities and for
persons with limited or
restricted mobility to
enhance accessibility and
mobility.

Action 1.3.1: In accordance with the
requirements of SB 520, the City will
continue to allow for administrative
approval of exceptions in land use
regulations to provide reasonable
accommodations for housing for
persons with disabilities.

Continue to process
requests for reasonable
accommodation
exdeditiously throughout
the planning period.

Ordinance No. 1804 also created an administrative mechanism for a disabled person to file a request for reasonable accommodation to make specific housing available to one or more individuals protected under the Fair Housing Laws.

Policy 1.4: Facilitate the
production of farmworker
housing in the City.

Action 1.4.1: Continue to ensure that
local zoning, development standards,
and permit processing procedures for
farmworker housing do not conflict with
Health and Safety Code Sections
17021.5 and 17021.6.

Throughout the planning
period.

Ordinance No. 1804 also included provisions to allow farmworker and migrant housing consistent with Health and Safety Code Section 17021.6. 182
Item 9.

Policy 2.1: Minimize
constraints to the
development of affordable
housing through
supportive codes,
ordinances, policies, and
guidelines.

Action 2.1.1: Continue to monitor the
development review process to ensure
that the City's review and approval
(timing and cost) do not constrain
residential development including multifamily and housing affordable to lowand moderate- income households. If the City's review and approval
processes are found to unreasonably
constrain development, the City will take
action to amend the process or
establish guidelines and other
mechanisms to promote increased
application certainty and reduce
processing time to the extent feasible.

Annual review as part of
the Housing Element
Annual Report.

The City offers concurrent processing to streamline the development process and the zoning ordinance provides development incentives for low income housing including fast-track processing and desity bonuses. Pre-application / development review meetings help to minimize processing times by bringing all applicable agencies/City departments to one meeting to discuss a project, giving developers all information upfront to ensure a successful project completion.

Policy 2.1: Minimize
constraints to the
development of affordable
housing through
supportive codes,
ordinances, policies, and
guidelines.

Action 2.1.2: Track Housing Element
implementation progress as part of the
annual housing report submitted to the
State Department of Housing and
Community Development (HCD).

Submit update annually in
accordance with state law.

In compliance.

Policy 2.1: Minimize
constraints to the
development of affordable
housing through
supportive codes,
ordinances, policies, and
guidelines.

Action 2.1.3: Periodically survey
development application, plan check
and inspection fees, impact fees and
utility connection fees of other cities in
the Butte County area to ensure that
these City fees are reasonably related to
the cost of services provided.

Fee surveys every two
years.

On April 21, 2015 the City Council adopted Resolution No. 8353 updating its development impact fees in accordance with the findings of the City of Orovile Development Impact Fee Report completed by Willdan Financial Services on April 16, 2015. On June 7, 2016, the City Council updated the Community Development Department's portion of the City's Master Fee Schedule to adjust for inflation using the annual percentage change in Consumer Price Index. The development impact fees are currently in the process of being updated, and the City's Master Fee Schedule was last updated on June 7, 2020. The City Council adopted Ordiance No. 1843 on June 2, 2020 establishing a fee deferral program. 183
Item 9.

Policy 3.1: Ensure that the
City's inventory of
residentially-zoned land is
sufficient to accommodate
development for all
housing types and income
levels commensurate with
growth needs and the the
Regional Housing Needs
Assessment (RHNA).

Action 3.1.1: Perform regular updates to
the City's GIS system to track
development and maintain an accurate
list of vacant residential land in the City.

Annual updates The City regularly maintains a list of vacant lands that are shared with the development community and updaged by GIS Staff.

Policy 3.1: Ensure that the
City's inventory of
residentially-zoned land is
sufficient to accommodate
development for all
housing types and income
levels commensurate with
growth needs and the the
Regional Housing Needs
Assessment (RHNA).

Action 3.1.2: Continue to implement the
no net loss provisions of AB 2292 to
ensure the availability of adequate sites
to accommodate the City's share of
regional housing needs throughout the
planning period.

Ongoing throughout the
planning period.

On March 15, 2015, the City Council adopted an update to the City's zoning code and map which rezones many properties to conincide with the General Plan land use designations approved by the City in 2009. Many properties previously zoned for strictly commercial purposes now permit multi-family, high-density residential development.

Policy 3.1: Ensure that the
City's inventory of
residentially-zoned land is
sufficient to accommodate
development for all
housing types and income
levels commensurate with
growth needs and the the
Regional Housing Needs
Assessment (RHNA).

Action 3.1.3: Coordinate an annual
workshop with the Oroville Economic
Development Corporation and its
members to identify the housing needs
of employees in the community in order
to ensure that the City's land use plans
support development of housing
suitable for the local workforce as part
of the City's overall economic
development program.

Annual workshops
throughout the planning
period.

The City attended this year but was not a sponsor.
184
Item 9.

Policy 3.2: Provide
technical assistance to
developers, nonprofit
organizations, or other
qualified private sector
interests in seeking federal
and state financing for
affordable hosuing,
including units affordable
to extremely low income
households and
supportive housing for
persons with
developmental disabilities.

Action 3.2.1: The City will actively work
with interested developers to identify
sources of funding and provide
technical assistance in seeking fudning
for the construction of new affordable
multi-family housing, including units for
large family households, extremely-lowincome households, and persons with developmental disabilities. Funding to
be pursued includes tax-exempt
mortgage revenue bonds; HCD's
Multifamily Housing Program; and lowincome housing tax credits (LIHTC). The CIty shall also assist by providing letters
of support for funding applications
during the application process to
increase the changes of a project
receiving a funding award.

Monitor grant funding
opportunities annually,
provide assistance to
affordable housing
developers upon request,
and continue to notify
developers of funding
opportunities as they arise
throughout the planning
period.

The City was awarded HOME funding for the development of the Sierra Heights Project for seniors. This project is currently under construction and should receive a certification of occupancy in march 2021. There will be 42 units for extremely low income seniors. Additionally, the City is applied for 2019 AHSC grant funding in the approximate amount of $17,000,000 to build an affordable family project on Table Mountain and Nelson, this project was NOT funded. The City is also working with the Veteran Housing Development Corporation to develop a supportive housing, multifamily project for low-income, 60% and below AMI Veterans. Also, the City has donated land to the Veterans Housing Development Corporation in order for them to build 12 townhomes to sell to income qualified Veterans along with 7 single family homes that the Veterans Development Corp will rehab and sell to income qualified vetreans all under 80% AMI. City worked with developers, who applied and were award tax credits for 5 affordable, mulit-family projects. This will bring 312 low-very low income units to Oroville over the next two years.

Policy 4.1: Protect existing
residential neighborhoods
from deterioration and
encroachment of
incompatible or potentially
disruptive land uses
and/or activities.

Action 4.1.1: Seek code enforcement
grants to augment current code
enforcement activities to supplement
the graffiti removal program, to fund
neighborhood clean-up fairs, and
general code enforcement and
community beautification efforts. Utilize
neighborhood resources, including
neighborhood groups to supplement
City code enforcement activities. Where
possible, link code enforcement
activities to available funding for
improvements and correction of
violations.

Throughout the planning
period.

The City of Oroville included $279,000 in funding for Code Enforcement in its 2017 CDBG Grant and will continue to look for additional grant funding. Additionallly, the City had developed a task force that will combine Municipal Law Enforcement Officers, Code Enforcement officers and staff from Parks and Trees that will be proactive in identifiying code related issues, citing and enforcement codes. City was awarded CalOES funds to assist with the hiring or additional code enforcement officers.
185
Item 9.

Policy 4.2: Ensure
adequate public facilities
to support the
development of housing.

Action 4.2.1: Install an upgrade public
service facilities (streets, curb, gutter,
drainage facilities, and utilities) to
encourage increased private market
investment in declining, deteriorating
and infrastruction-deficient
neighborhoods.

Continuous and ongoing
throughout the planning
period.

The City if continually evaluating public facilities to ensure they are not declining or deteriorating. Major infrastructure improvements to sewer, storm water, and roads are based on condition, demands, and future needs. Impact fees are used to make the infrastructure investments to support growth, infill, and desification.

The City and SCOR, the sewer treatment facility for the area,has been looking for grant funding to prepare for an expansion in order to keep up with the growth in the City since the Camp Fire and well as to run more efficiently.

Policy 4.3: Facilitate
housing rehabilitation and
stabilize existing
neighborhoods,
particularly those with
high foreclosure and
vacancy rates.

Action 4.3.1: To the extent funding is
available, purchase abandoned homes,
and provide rehabilitation assistance to
improve deteriorated neighborhoods.

Annual grant applications. Since the RDA has dissolved, the City does not have funding to proactively purchase abandoned homes to rehabilitate but is certainly looking for situations where there may be funds to cure properties in foreclosure and/or to receive via Deed in Lieu, that make sense financially. In circumstances where it is financially feasibly, the City will foreclose on properties that are in default to take back to either sell at market rate or rehab and sell to low income. The housing stock that the city has accumulated by Foreclosure have been approved for transfer to the Veterans Housing Development Corp in order for them to sell to low and extremly low income veterans.

Policy 4.3: Facilitate
housing rehabilitation and
stabilize existing
neighborhoods,
particularly those with
high foreclosure and
vacancy rates.

Action 4.3.2: The City shall continue to
support the Owner Occupied Single
Family Rehabilitation Program. The City
expects to fund the rehabilitation of
approximately 5 units over the next
planning period.

Continuous and ongoing. The City has no current grant funding for this activity. The City expects to assist no more than 3 rehabilitations over the next planning period using CalHome Program Income
186
Item 9.

Policy 4.4: Encourage the
preservation of the
existing affordable
housing stock in the City.

Action 4.4.1: Continue regular contact
with the California Housing Partnership
Corporation (CPHC). The City will
continue to pursue State and Federal
funding sources such as the HOME,
CDBG, and multi-family housing
program (MHP) to assist the
preservation of at-risk units. The City
shall maintain dialogue with developers
and on-site managers and shall continue
to be a source of information and
technical assistance to potential
purchasers and tenants of properties
that oculd potentially convert to market
rate. Ensure that all owners and
managers of affordable housing are
provided with applicable state and
federal laws regarding notice to tenants
of the owner's desire to opt-out or
prepay.

Throughout the planning
period.

This program will be continued as funding becomes available. 187
Item 9.

Policy 5.1: Support the
intent and spirit of equal
housing opportunity and
the Fair Housing Act.

Action 5.1.1: Require that all recipients
of locally administered housing
assistance funds acknowledge their
responsibilities under fair housing law
and affirm their commitment to the law.

Coordinate and host regular workshops
as a supplement to a tenant/landlord
education program to provide
managers, real estate professionals, and
tenants about fair housing laws, race
and disability discrimination, and
familial status protections. Publicize fair
housing and dispute resolution
information through flyers/brochures in
the lobby of City Hall, in the library,
community cneters, senior centers, local
social service offices, real estate offices,
mortgage offices, management offices
of housing complexes, and on the City's
website.

The City will engage in
continuous and long term
monitoring of properties in
receipt of locally
administered housing
funds to ensure
compliance; annual
workshops.

This program is continuous and ongoing. City staff has attended updated fair housing training.

No Name Action 5.1.2: The City shall engage in a
public noticing campaign to inform
persons with disabilities of any age of
their ability to locate in senior citizen
independent living facilities that are
funded with federal funds.

Public noticing campaign
with materials updated
annually.

The City currently has information materials for available senior housing options.

The City works with Butte County Housing Authority, Community Action Agency, and other special interest groups to update the information annually. This program is continued.

Policy 6.1: Encourage
residential energy
conservation through
required compliance with
current building codes and
incentives for voluntary
conservation efforts.

Action 6.1.1: The City shall continue to
require, at a minimum, that all new
residential development comply with the
energy conservations requirements of
Title 24 of the California Administrative
Code.

Throughout the planning
period.

This remains a requirement enforced by the City's Building Department. 188
Item 9.

No Name Action 6.1.2: Assist in publicizing utility
incentives for energy conservation
through flyers and on the City's website.

Annual updates to flyers. On February 2, 2016 the City Council has approved to include properties within the City of Oroville in three different Property Assessed Clean Energy (PACE) programs. 1)Ygrene Works, 2) HERO, and 3) Open PACE.
189
Item 9.

General Comments:
190
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
191
Item 9.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 06/15/2014 - 06/15/2022 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+
Low-Income+TOTAL UNITS+
Extremely LowIncome+Very LowIncome+
Low-Income+TOTAL UNITS+
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government
Code Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
192
Item 9.

Jurisdiction Oroville
Reporting Period 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 06/15/2014 - 06/15/2022 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
193
Item 9.

Jurisdiction Oroville
Reporting Period 2021
(Jan. 1 - Dec.
31)
1 2 3 4
APN Street Address/Intersection Existing Use Number of
Units
33452016000 3711 Ashley Residential 1
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
194
Item 9.
195
Item 9.
196
Item 9.
197
Item 9.
198
Item 9.

Note: "+" indicates
an optional field
Cells in grey
contain autocalculation formulas
Designation Size Notes
5 6 7
Surplus
Designation
Parcel Size (in
acres) Notes
Exempt Surplus
Land 0.13 None

ESS REPORT
mentation
2)
Sites
199
Item 9.
200
Item 9.
201
Item 9.
202
Item 9.
203
Item 9.

Jurisdiction Oroville
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 06/15/2014 - 06/15/2022
Current Year
Deed Restricted 366
Non-Deed Restricted 0
Deed Restricted 137
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
105
608
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 50 0
2 to 4 0 0 0
5+ 0 550 0
ADU 0 4 0
MH 0 4 0
Total 0 608 0
6 249
12 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
204
Item 9.

Jurisdiction Oroville
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Infrustructure Planning $55,000.00 $0.00
Blight Study $10,000.00 $0.00
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low

ANNUAL ELEMENT PROG
Local Early Action Planning
(CCR Title 25 §6
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on ho 50515.02 or 50515.03, as applicable.
$ 65,000.00
205
Item 9.

Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Deed Restricted
Non-Deed Restricted
Moderate
Above Moderate
Total Units
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
206
Item 9.

Total award amount is auto-populated based on amounts entered in rows 15-26. ted from Table A2)
Current Year
0 0
0 0
0 0
0 0
Current Year
366
0 137
0 ry

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
ng and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specifie 65,000.00
Task Status
In Progress
In Progress
207
Item 9.
0 0
105
608
Current Year
0 0
0 0
0 0
0 0
ary
208
Item 9.

Other
Funding Notes
None
None
based on the eligible uses specified in Section
209
Item 9.
1 City of Oroville

OFFICE OF THE CITY ADMINISTRATOR
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2433 FAX (530) 538-2468
www.cityoforoville.org
Monthly Department Report
February 2022

BUILDING
 Permits Issued – 67
 Applications Received - 77
 Total Permits Finalized – 46
 Business Licenses/Occupancies Issued – 5 (1 new business/ 2 owner change/1 location change)
 Permit violations generated by Code Enforcement: $782.00

CODE ENFORCEMENT
February 1, 2022 – February 28, 2022

CODE ENFORCEMENT ACTIVITIES
Total Active Code Enforcement Cases 275
Cases Closed 136
New Cases Opened 128

NEW CODE ENFORCEMENT CASES/ CASE DESIGNATIONS
Abandoned Vehicle Abatement 57
Building Code Violation(s) 28
Graffiti 3
Multi-Family 6
Public Nuisance(s) 38
210
Item i.
2 Sub-Standard Housing 1
New Vacant Building Monitoring 0
Additional Highlights for February:
 This month Code Enforcement opened twenty-eight Building Code Cases. Eighteen of the twenty-eight cases were for subjects doing construction without a permit.  Subjects caught doing construction without a permit pay “Double Fees” when the permit is issued. The remaining 10 cases involved businesses operating without a business license.
 Code Enforcement opened fifty-seven AVA cases. Many of these cars were towed under the abandoned vehicle abatement program and the remaining cars were abated by the registered owner.
 Code Enforcement stepped up clearing cases involving complaints of the Ruddy Creek project and the vacant lot east of the old Roplast now known as Pre-Zero US Packaging. Code Enforcement.
 Code Enforcement continued their efforts on dealing with substandard houses by serving an abatement warrant at 2365 C Street, Oroville. The property was secured by the Oroville Police. Code Enforcement, Public Works and City Works worked together under my direction to tow multiple vehicles, remove forty-four thousand nine hundred pounds of junk trash and debris from the location and board up this home. I anticipate this home along with four other homes to enter the receivership property soon.
 I, Ronnie Belser did presentations for the Parks Commission about Law Enforcements and Code Enforcements role in our cites parks from 2019-2021. I also did a presentation for Feather River Parks and Recreation on safety when abating transient camps, homelessness solutions and the important of partnerships to solve city blight.

PLANNING
 Daniel (Danny) Kopshever started on March 1 as our newest Assistant Planner, and is rapidly handling plenty of projects and other planning duties.  The first draft of the Housing Element is ready to go to HCD for a preliminary review prior to public review of the document. Council must approve the finished product by the end of June 2022;
 Supported the February Development Review Committee (DRC) meeting and February Planning Commission meetings. Projects reviewed included a Tractor Supply Tentative parcel map, the proposed massage ordinance, a Use Permit for used car dealer Paradise Motors, a second review of the proposed Dutch Brothers #2, and a potential new award for exemplary historic preservation. 211
Item i.
3  Currently reviewing 9 active planning and building permit applications including sign, zoning compliance, solar, rezoning and use permits.
 Reviewing or completed reviewing of 18 separate event, hope occupation and other administrative permits.
 Addressed dozens of phone, walk-in and email inquiries. This includes potential annexation, and industrial inquiries, plus many ADU, fence, and other residential inquiries.
 The Southside Revitalization Advisory Group kicked off on February 17 with 20-30 significant opinion leaders, business leaders, property owners and city staff. The first priorities for collaborative attention include setting up Neighborhood Watch groups and jointly working on trash cleanups. The next meeting should be the end of March.
 Blight windshield survey in South Oroville, completed in February by RSG, funded by SB2 grant. The data will help identify problem properties and develop a revitalization strategy that includes the Opportunity Zone and possibly a Community Revitalization and Investment Authority (CRIA).
 Ruddy Creek annexation into the CSD’s and LLMAD’s approved by Council on March 1.
 In process—Zoning code updates for fences, ADU’s, street vendors, massage establishments, small lot development standards, and Bingo games.  Reviewing General Plan consultant proposals for VMT incorporation into Transportation Element and greenhouse gas emissions inventory.  Ongoing discussions with several potential residential, commercial, and industrial prospects as part of the city’s ongoing economic development efforts.

ENGINEERING DEPARTMENT

PROJECTS AND OTHER ACTIVITIES
Project or Activity Recent Activity Next Milestone
NorthStar PSA Preparing two new TO Council Approval
SC-OR Ruddy Crk L.S. Review of 60% plans Jurisdiction Review Ruddy Creek Sub Phasing discussions Review phased plans Pavement Rehab 2022 TO for NorthStar Topo Surveying Beginning Mono Ave Apts. Request for Waiver of
Parcel Map Planning Commission
CEQA Adoption of VMT vs
LOS
Staff has been working to
resolve Support Planning
Linkside SD Lift Station Comm with Golf Course Revise Trigger Levels 212
Item i.
4 Project or Activity Recent Activity Next Milestone
Table Mountain Blvd Art
Wall
The wall is being
incorporated into the
frontage improvements for
Olive Ranch.

Revisit Hatchery to
Montgomery
Portland Loos The Loos have been
delivered
Rolls, Anderson, and Rolls
produced PS&E.

Dutch Bro’s. Plan Submittal Plan Review
Riverbend Apartments Ph
1 Construction has begun. Completed
Riverbend Apartments Ph
2 Plan Submittal Construction to begin soon
Mitchell Ave. Senior
Apartments Ph1
Construction has begun.

Mitchell Ave Sr Apartments
Ph 2
Grading and
Encroachment permits
issued
Full plan approval.

Linkside II Subdivision Plans approved.

Final map under review.

Construction anticipated to
begin soon.

Mission Olive Grove
Subdivision
Developer does not want
street vacated. Staff to produce punch list.

The Bluffs Subdivision
Staff continues to work
with the owners to resolve
the problems they have
with sewer and storm
drains.

Developer will correct
deficiencies prior to the
City accepting the facilities.

Olive Ranch Apartments
Phase I
Construction is underway.
.

Olive Ranch Apartments
Phase II
Encroachment Permit
issued for frontage
improvements
Olive Ranch Apartments
Phase III
Application for permits and
Waiver of Parcel Map
Rte. 162 Ped-Bike-Mobility
Staff has worked with our
consultants to resolve RW
issues. Environmental
work completed.

Development of PS&E.

Discussions with property
owners regarding RW.

Construction Management
RFP
Samples of RFP collected
from other cities. Post RFP.

Prospect View Applications
Elgin & Fort Wayne
Topography and Drainage
(South Oroville Drainage)
Staff has issued a T.O. to
Gilbert Engineering Wait of Topographic
Survey
Tractor Supply TSM Approved by Planning
Comm
213
Item i.
5 Project or Activity Recent Activity Next Milestone
Parkside Drainage Research of situation Aid in resolution of civil matter.
5 th Avenue Traffic Study Petition Received from
Citizen Conduct Study
Pomona Traffic Study Petition Received from
Citizen Conduct Study/

PARKS, TREES, & STREETS DEPARTMENT
The following is a list of things we are working on or accomplished in February:
 Cleaning parks and green areas on a routine basis
 Conducted and attended numerous trainings and safety meetings  Worked in all LLAD areas cleaning, pruning, and weeding  Ran street sweeper on a regular basis
 Trimming small and medium sized trees for site clearances  Install numerous street, regulatory, and warning signs  Spray herbicides in various areas around the City including roadsides and airport  Grinded stumps in various locations
 Spent 107 crew hours cleaning and repairing graffitied and vandalized areas throughout the parks and other facilities
 Filled over 101 potholes
 Picked up illegally dumped items on a routine basis throughout town; assisted Code Enforcement and the City Works Crew with private property clean-ups  Dugout, formed, poured concrete on Montgomery St, and on Veatch St  Picked up leaves under the City Leaf Program. Picked up numerous leaf piles throughout town
 Make repairs on the walking path along Table Mountain hillside  Continued cleaning and putting in base rock in alleys  Started running through numerous irrigation systems and making repairs  Put insecticide on various trees around town
 Cleaned, prepped, and worked Chinese New Year event at the Chinese Temple  Planted 104 trees in various areas within the City
This is a partial list and does not include some of the smaller or remedial tasks that we conduct on a day-to-day basis.

BUSINESS ASSISTANCE & HOUSING DEVELOPMENT DEPARTMENT
 Credit Reporting Maintenance (ongoing)
 Loan Portfolio Monitoring (ongoing)
 Housing Element Update-We received the first draft for review.  Veteran’s Housing Development Corporation project
214
Item i.
6 a. 2420 Baldwin Ave. transferred to VHDC currently awaiting permits to begin construction
b. 3555 Argonaut-VHDC was about to start the rehabilitation on this home but during an inspection, noticed there was significant flooding. Possible insurance claim pending.
c. 711 Montgomery St.(design)
d. 1275 Mitchell Ave (design)-waiting for city attorney to complete security documents, Plan on starting construction mid-year 2023, with approximately a one-year construction period until completion.  CDBG DR-MHP -Received 2 applications from Developer The Richamn Group and Zen Property Management. We are in the process of entering the application and supporting documentation into eCivis (States application software). It would be a Phase I and Phase 2 project on Lincoln St. (122 units total)
 CDBG CV 2&3
o OCESD Received plans and are working with architect on bidding documents.
o Community Action Agency has not received any interest in the Utility Payment Assistance Program yet, they are working on updating project flyers hoping to increase awareness.
 Payoffs received fiscal year 21/22 in the amount of $1,251,506. $2,568,915  Current balance of the loan portfolio is $37,736,888

CITY CLERK
 Processed 36 Public Records Request January 1, 2022 – February 28, 2022  Agenda Management, Clerking and meeting processing for 14 meetings through February 28, 2022. Upcoming Meetings:
o Council Meeting – April 5 and 19
o Planning Commission – March 24
o Wyandotte Creek GSA –April 28
o Arts and Parks Commission – April 12
o SBF Steering Committee – April 27
o Citizens Oversight Committee – May 24, Possible Special Meeting end of March
 Records Management for Council approved documents
 Received and Processed City Claims
 Continue to work on the City Hall Scanning Project
 Notarized and recorded documents and maps for various departments  Processed new commission and committee members for Commissions and Committees
 Assisted Departments with Record Searching and retrieval  Completed updates and changes to City Website related to the Clerks Department, Boards and Commissions.
215
Item i.
7  Assisted with the redistricting process, notices, and providing the county with needed documents.
 Working on Election Duties for November Election
 Continue to complete other day to day duties of the Clerks Department

FINANCE DEPARTMENT
 Working with Auditors to finalize the City’s ACFR (Annual Comprehensive Financial Report).
 Completing the annual State Controller Cities Financial Transaction Report.  Completed the annual Streets report for the State Controller  Working with FEMA to close out projects
 Administering employee evaluations
 Software deployment
o Payroll software, UKG Ready
o Financial software, Tyler Munis
 Working on a Transient Occupancy Tax Audit

HUMAN RESOURCES
 Recruitments for Assistant Planner, Engineer, Dispatch, Recycling Coordinator, Police Officer, and IT Analyst.
 Preparing for DOT Audit.
 Processing of new hire paperwork
 Filing claims for property damage, follow up
 Investigations
 TargetSolutions Trainings

RECYCLING PROGRAM
 Working with consultant Jennifer Arbuckle to revise policies and procedures.

AIRPORT DIVISION
 Continued forward progress on Runway 2-20 and Associated Taxiways crack seal project
 Weed abatement
 Refreshed paint on Tetrahedron and associated electrical panels  Fuel testing / tank sumping
 Changed all fuel farm associated filter vessels
 Replaced static grounding reel that was out of compliance  Arrangements with Butte County AQMD for annual CERS inspections 216
Item i.
8 INFORMATION TECHNOLOGY
 The IT department is down 2 employees and is working to refill those positions.  Working on wire moves or wire cleanups during the construction at the public safety office.
 The City’s cyber insurance company has posted minimum requirements to maintain being insured. There are a few items the IT department needs to address, and we are working to meet those requirements.  Assisting with the City-wide document scanning project.  Working with the state to get the Next Generation 911 gear installed at the Police

GEOGRAPHIC INFORMATION SERVICES
 Working with consultant Spatial Solutions on assigning new addresses to new homes and developments.

PUBLIC WORKS DEPARTMENT
Fleet Maintenance Division
 #87 Street Dept. water truck, replace water hose nozzle.  #503 Police Dept. patrol car, straighten skid plate.
 #55 Sewer Dept. camera van, replace power steering hoses and vacuum pump.  #508 Police Dept. patrol car, service and reseal transmission solenoid cover and replace headlight.
 #81 Street Dept. street sweeper, replace right gutter broom motor, flat repair, start on replacing water pump
 #33 Park's Dept. 1-ton dump tk. Repair coolant leak.
 Parks dept. misc. repair basketball hoop.
 #113-E1 Fire Dept. pumper, finish service, repair air brake leaks, check foam system, repair hose reel switch, replace Q-siren brake
 #79 Street Dept. replace starter.
 #509 Police Dept. patrol car, replace tire and rim and replace headlight.  #95 Street Dept. New tiger mower, unload off truck.
 #234 Police Dept. detective car. Serviced, check transmission. Slipping bad.  #114-E2 Fire Dept. pumper, replace rear brakes, replace turn signal switch and lever, clean horn contacts, replace right rear clearance light and guard.  #23 Street Dept. pickup, service.
 #504 Police Dept. patrol car, replace battery.
 #510 Police Dept. patrol car, service, replace right side transaxle seal  #50 Sewer Dept. pickup, serviced.
 #517 Police Dept. patrol car, picked up from Ford warranty repaired.  #520 Police Dept. patrol car, serviced.
 #514 Police Dept. K-9 patrol car, replace battery and replace broken shock.  #51 Sewer Dept. pickup, service. Replace lower radiator hose. 217
Item i.
9  #29 Street Dept. flat repair, replace driver’s door inside handle.  #501 Police Dept. patrol car, find problem with the front end going out of alignment, front end alignment.
 #53 Sewer Dept. Vac-Con, adjust belt on sewer water pump.  Shop misc. set up shelf in shop.
 #161 Sewer Dept. dump bed trailer. Start on replacing tires and 2-wheel studs.  #507 Police Dept. patrol car, replace battery.
 #231 Police Dept. patrol car, start on replacing driver’s door window regulator.  #21 Street Dept. 1 ton dump tk. Replace front brakes.

SEWER DIVISION
 Sewer pump station functional tests Mondays, Wednesdays and Fridays  Monthly electrical generator and alarm system functional tests  Monthly and bi-monthly “hot spot” sewer line cleaning  USANorth utility locates daily
 Ongoing condition assessment via sewer line cleaning and CCTV inspections  Sewer tap Broderick St.
 Grease and debris removal from wet-well at Orangewood pump station

ELECTRICAL
 Traffic signal maintenance and functional checks
 Street light inspections once per week during night hours  Convention Center lighting repairs
 Electrical circuit installation for Convention Center basement  Repaired corp. yard electric gate
 Airport lighting maintenance and repairs
ARTS COMMISSION:
 At the February 8th meeting, we welcomed two new Arts Commissions, Misty Rayome and Jennifer Beers. The Committee approved the purchase of bronze plaques for recognition on past and future Art in Public Places projects. Four beautification NOFA projects have been completed, one remaining. Next meeting will be April 12th at 4pm, with a presentation from BAMA- Buttes Artist Mural Association and discussion to release another NOFA.

PARKS COMMISSION:
 At the February 8th meeting, we welcomed two new Parks Commission members, Michael Jones and Mickey Rich. All museums have began opening in March at limited capacity and following CDC guidelines. We have already scheduled several tours in the upcoming months. They received in depth 218
Item i.
10 presentation from Code Enforcement Director, Ron Belser and a back log report on several Parks related topics. Next general meeting will be April 12th @5:15.Public Safety
POLICE ACTIVITY:
 Calls for Service: 2,625
 Officer initiated incidents: 440
 Total Incidents: 3,065
 Total Reports: 324
 Total Arrests:116
 Total Citations:39
FIRE ACTIVITY:
 EMS Calls: 291
 Traffic Accidents: 19
 Fires: 13
 Other: 88
 Total: 411
219
Item i.
220
Item i.
221
Item i.
222
Item i.
223
Item i.
224
Item i.
225
Item i.
226
Item ii.
227
Item ii.