Agenda packet — Oroville City Council, May 17, 2022 (part 2 of 2)

may have to any such rights.

12. 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 Task Order 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 Task Order. 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 Task Order 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).)

13. 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 Task Order. All work performed by Consultant under this Task Order shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent 176
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professionals in Consultant’s field of expertise.

14. 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.

15. 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 Task Order, any licenses, permits, insurance and approvals which are required by the City for its business.

16. Indemnity. Consultant agrees to indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including reimbursement of reasonable costs and expenses in connection therein), arising from its negligent performance of this Task Order or its failure to comply with any of its obligations contained in this Task Order, except for any such claim arising from the negligence or willful misconduct of the City, its officers, agents, employees or volunteers. With regard to any claim alleging Consultant’s negligent performance of professional services, Consultant’s defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s 177
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own cost and expense, shall procure and maintain insurance, for the duration of the Task Order, as required under Contract Number 3387 between the City and the Consultant. The terms of Contract Number 3387 between the City and the Consultant are incorporated by reference as if fully set forth herein. To the extent that any conflict exists between Contract Number 3387 and this Task Order, the terms of Contract Number 3387 shall control.

18. Notices. Any notice required to be given under this Task Order shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall 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: City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Ross Simmons, Senior Managing Engineer 111 Mission Ranch Blvd., Suite 100
Chico, CA 95926
[email protected]

19. Entire Task Order. This Task Order constitutes the complete and exclusive statement of agreement between the City and Consultant for this Task Order. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Task Order in regard to professional services specifically provided under this Task Order. Other task orders issued to the Consultant by the City under Contract Number 3387 178
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stand alone and are unaffected by this Task Order.

20. Amendments. This Task Order 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.

21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Task Order is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Task Order 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 Task Order 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 this Task Order 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.

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

23. Severability. If any term or portion of this Task Order is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Task Order shall continue in full force and effect. 179
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24. Controlling Law Venue. This Task Order and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Task Order shall be held exclusively in Butte County Superior Court or the United States District Court, Eastern District of California.

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

26. Execution. This Task Order 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 Task Order, it shall not be necessary to produce or account for more than one such counterpart.

27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order.

Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order and to bind each respective party.

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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 Task Order. For breach or violation of this warranty, City shall have the right to rescind this Task Order without liability. For the term of this Task Order, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Task Order, or obtain any present or anticipated material benefit arising therefrom.

29. 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 Task Order to be executed on the date first written above.

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Bill LaGrone, City Administrator Jay Lowe, Department Manager APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
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Ophir Road-Palermo
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

SCOPE OF WORK

SERVICES PROVIDED
NorthStar has prepared the following scope of services to develop the project design and subsequent construction bid documents that best supports the successful implementation of this project. This scope is based on our understanding of the project at the time of this proposal, a recent site visit, and the Design Team’s collective experience with similar improvement projects.

We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope of work for the Ophir Road Project is to provide slope repair and pavement reconstruction on both the North and South side of Ophir Road. The project extents will include approximately 2,800 feet of AC pavement between the city limits and adjacent slope stabilization within the right of way.

Task 1 Project Management
NorthStar will perform the numerous services and activities associated with management of the construction contract. Diligent contract management for state funded contracts is a critical component in successfully managing public funds and maintaining the City’s positive standing with funding agencies.

Project Administration and Overhead
Project Administration and Overhead includes front office and project administration including, but not limited to, managing insurance policies, packaging, mailing and deliveries, billing, Ajera billing software setup, certified payroll invoicing, etc.

Project Coordination
Explicit and thorough communications with the City and with the sub consultants is vital to the success of any project, and as such the NorthStar Design Team segregates this as a separate scope and budget component to acknowledge and account for this element during the life of the project development. To effectively manage the project NorthStar expects to have a weekly one-hour meeting for a month duration with the City to review project progress and activities.

Quality Assurance / Quality Control
NorthStar approach to quality assurance and control program has been developed over the course of performing engineering consulting services for a variety of clients and complex projects over the past 30 years. Two primary methods for consistently delivering a quality product on-time and within budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables. 1 182
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Ophir Road-Palermo
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
Task 2 Topographic Survey and Basemapping
NorthStar will perform a topographic survey and provide a base map suitable for the design of the new roadway rehabilitation project. The survey will include the limits between the road right-ofway and City limits. The topographic map shall include:
• Surface improvements
• Topographic features
• Underground utilities compiled from utility surface features, as-built plans and franchise utility system maps (research performed by NorthStar).
• Fence Lines
• Existing striping
• Trees larger than 5” diameter, measured at breast height. • Right-of-way Lines compiled from record information
• Surface Roadway Features, tops, toes, center of railroad tracks near the railroad bridge.

It is assumed that a detailed topographic survey of the bridge will not be required.

The vertical control will be on the North American Vertical Datum of 1988 (NAVD88). The topographic survey will be compiled in AutoCAD Civil 3D 2018. A signed pdf file of the Topographic Base Map and the AutoCAD drawing file will be provided for the project teams use.

Traffic Control
Traffic control will be required to control the flow of traffic on Ophir Road to allow field crews to locate the topographic features with the roadway and shoulder area. A Traffic Control subconsultant shall be retained to meet the traffic control standards/requirements necessary for safe operations within the right-of-way. This proposal assumes the normal working day hours. If it is determined that the field survey will be required at night, additional charges may be incurred that are undetermined at this time. An estimated fee shall be provided to the City at the time that it is determined that surveying at night will be required.

Task 3 Design
Right of Way & Utility Coordination
NorthStar will identify the right of way to establish temporary construction signage, proposed fence relocation(s), tree removal, and other related permits and improvements if necessary.

NorthStar will coordinate with utility companies to identify utility conflicts and collaborate on appropriate avoidance or relocation solutions.

Ophir Road Alternatives
NorthStar will provide the City with three roadway design alternatives. These alternatives will be based on the city engineer’s recommendations and The City of Oroville’s Engineering Standards. If additional topographic survey and design, the cost will be based on time and materials. Once a layout is chosen the roadway design of Ophir Road will begin.

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Ophir Road-Palermo
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
DELIVERABLES:
• Three schematic roadway alternatives for Ophir Road Improvements (Hardcopy and Digital copies).

Right of Way & Utility Coordination
NorthStar will communicate and coordinate with adjacent property owners to establish temporary construction signage, proposed fence relocation(s), tree removal, and other related permits and improvements if necessary.

NorthStar coordinate with utility companies to identify utility conflicts and collaborate on appropriate avoidance or relocation solutions.

Next, 60% design task will progress the 35% preliminary design by incorporation of discussed refinements and preferred alternatives. This task is intended to perform the bulk of the design effort, and will include developing the bid item list, quantities, engineer’s estimate, and special (technical) specifications.

Based on the City technical review and comments to the 60%, the project plans, specifications and estimate will be progressed to a 90% level of completion including preparation and inclusion of applicable bid documents. Additionally, this level of design will be developed to support submittal for the Request for Allocation for the construction phase of the project. The project plans will include label detailing, notes, and design refinements to support implementation of the project by any contractor. Similarly, project specifications and engineer’s estimate will be refined to support successful implementation of the project.

DELIVERABLES:
• 90% Complete Civil Design
• Engineers Estimate
• General and standard specifications
Final Design and Contract Documents
After receiving comments from the 90% level of design, the Contract and Construction Documents will be refined to address applicable comments and best support constructability of the project.

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Ophir Road-Palermo
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
DELIVERABLES:
• One set of hard copy (letter size) and digital copy (pdf and MS Word) 90% level of project Bid Book; including
General, Standard Special, revised (as applicable), Amended (as applicable) Provisions; Bid Documents
• One set of hard copy (24x36) and digital copy (pdf or Design Review) 100% Contract and Construction Documents
Task 4 Storm Drain MS4
It is our understanding that the City of Oroville does not follow MS4 standards and specifications. It is assumed that storm drain MS4 management system complying with Post Construction Standards will not be required for this project and is not included in the proposal.

Although MS4 is not required, time has been included in the estimate to provide a clarification letter and supporting documentation to the City of Oroville.

Task 5 Bidding
NorthStar will route for signatures and deliver the Final (100%) Contract Documents for bidding purposes after completion of full review and subsequent modifications.

Additionally, NorthStar will aid the City during the construction bidding and awarding process.

NorthStar will coordinate and assist the Client with the following:
• Answer any questions from contractors and/or bidders
• Responses will be provided via phone, email, formally response to submitted RFI’s • Prepare addendums to be released to the bidders
Task 6 Geotechnical investigation
Bajada Geosciences will perform a geotechnical evaluation of Ophir Road within the city limits. This investigation will aid in pavement restoration and slope stabilization. A detailed proposal by Bajada Geosciences can be found in Attachment A.
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Item 8.

Ophir Road-Palermo
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

PROJECT EXCLUSIONS
• Landowner coordination: including right of way appraisals and acquisitions when necessary • Environmental Review: including preparation of a Notice of Exemption (NOE) for the proposed project pursuant to CEQA Guidelines Section 15062 and Appendix E • SWPPP can be provided for additional cost
• Construction staking can be provided for an additional cost • This estimate does not include road widening or retaining wall design. If the design chosen includes either of these items, NorthStar will provide an Additional Work Authorization at that time.
• Pre-bid meetings are not included
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Ophir Road-Palermo
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT:CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Fritz Mckinley BY: Lambert O. Lowe
TITLE: Senior Engineer TITLE: Senior Engineer
LICENSE NO. RCE 59574 LICENSE NO. RCE 59077
SIGNED: SIGNED:

DATE: DATE:
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Quality Geotechnical Engineering Services
February 3, 2022
Proposal P22.0104
Ms. Jackie Hollmer, P.E.

NORTHSTAR ENGINEERING
111 Mission Ranch Blvd, Ste. 100
Chico, CA 95926
Subject: Proposal for Geotechnical Services
Ophir Road Improvements
City of Oroville, California

Dear Ms. Hollmer:

Bajada Geosciences, Inc. (BAJADA), is pleased to present this proposal to Northstar Engineering (Northstar), to provide geotechnical engineering services for the City of Oroville’s (City) Ophir Road Improvement Project. The following proposal presents our understanding of the project, a scope of services, estimated costs, and schedule to complete our studies.

PROJECT UNDERSTANDING
We understand that the City would like to rehabilitate approximately 2,800 feet of Ophir Road from west of Baggett Marysville Road to about Kusel Road. We understand that the improvements do not include widening of the road but consist of improvement of the structural roadway section and evaluations for methods of increasing the stability of cut slopes that border approximately 500 feet to 600 feet of the roadway.

SCOPE OF SERVICES
Based on our understanding of the project, we have prepared the following scope of services for the project.

Task 1 – Pre-Exploration
Prior to subsurface exploration, BAJADA will obtain an encroachment permit from the City. We assume it will be issued with no fee since this is a City project.

We will also mark proposed subsurface exploration locations and contact Underground Service Alert (USA) as required by California law.

Task 2 – Coring & Sampling
Coring will be performed at up to 5 to 6 locations along the project alignment. All cores will be at least 12 inches deep, penetrate the roadway structural pavement section, and will expose roadway 10 188
Item 8.

Proposal to Provide Geotechnical Engineering Services
Ophir Road Improvements
City of Oroville, California
February 3, 2022
P22.0104_Ophir_Rd_2-3-2022
subgrade soils. A bulk sample of subgrade soils will be obtained at each of the coring locations along the roadway during the field exploration. The core holes will be backfilled using excavated cuttings and AC patched using cold-patch or quickset concrete dyed black.

It is anticipated that coring and sampling will occur over the course one working day. Traffic control will be provided by a bonded and licensed traffic control subcontractor and will include a lane closure while we are performing our work. It is assumed that our exploration can be performed between 8 am and 5 pm and will not include any night work.

In addition, intact soil samples will be obtained at four selected locations from the area where cut slopes border the roadway. The samples will be obtained utilizing hand sampling gear with 2.5-in. x 6-in. sleeves that will be capped and returned to our office for assignment of laboratory testing.

Task 3 – Laboratory Testing
Soil samples obtained during Task 2 will be delivered to BAJADA’s office for assignment of laboratory testing. It is anticipated that the following laboratory tests will be performed during the course of this study:

ANTICIPATED LABORATORY TESTING SCHEDULE
Test Standard Test Method Number of Tests
In situ Moisture/Dry Density ASTM D2937 10
Atterberg Limits ASTM D4318 8
Grain Size Analysis ASTM D422 8
Direct Shear ASTM D3080 2
Maximum Density/Optimum Moisture ASTM D1557 2
R-Value Cal 301 2
Soil Chemistry AASHTO T290/291 2
The actual types and numbers of tests that will be performed may vary from those presented in the above table and will be determined after the field exploration has been performed.

Task 4 – Pavement Condition Evaluations
BAJADA personnel will walk the roadway segment to assess and map pavement conditions. It is assumed that plans showing the roadway with stationing will be provided to us prior to initiation of this task.
11 189
Item 8.

Proposal to Provide Geotechnical Engineering Services
Ophir Road Improvements
City of Oroville, California
February 3, 2022
P22.0104_Ophir_Rd_2-3-2022
Task 5 – Analysis
Upon completion of the above-noted tasks, we will perform evaluations for the project. Those evaluations will include alternative methods of pavement rehabilitation that could include:
 Pavement overlay;
 Dig-outs with pavement overlays;
 Pavement pulverization and overlay;
 Full depth reclamation;
 Cold in-place recycling;
 Chip seals;
 Microsurfacing.

In addition, we will perform slope stability assessments to evaluate alternatives for increasing the stability of cut slopes along the roadway. Those alternatives could include flattening the slopes, reinforcing the slopes, or utilizing retention methods, such as a gravity retaining wall.

Task 6 – Reporting
Results of the field investigation, laboratory tests, and analyses will be summarized and concluded in a written letter-report. That report that will contain, at a minimum, the following:

 A description of the proposed project including a site plan showing approximate locations of explorations advanced for this study;
 A description of the field exploration and sampling program;  A table showing structural pavement sections measured during the field exploration;  Results of laboratory testing;
 Maps showing pavement conditions;
 Recommendations for rehabilitation methods along the study roadways;  Alternatives for increasing stability of existing cuts slopes; and  Appendices presenting laboratory data and slope stability analyses.

Unless otherwise directed, we will submit a draft copy of the letter-report in a *.pdf format for review and comment. Upon receipt of comments, we will edit the report then submit the finalized report for Northstar’s use.

ESTIMATE OF FEES
Our services will be performed on a time and expenses basis in accordance with the fees presented on our attached Fee Schedule. For the scope of work outlined above, we estimate that our fees will be $18,400. Those fees will not be exceeded without written authorization from Northstar. 12 190
Item 8.

Proposal to Provide Geotechnical Engineering Services
Ophir Road Improvements
City of Oroville, California
February 3, 2022
P22.0104_Ophir_Rd_2-3-2022

SCHEDULE
We are prepared to initiate our services immediately upon receipt of authorization to proceed with the study. We estimate that our geotechnical studies can be completed within 6 to 8 weeks following receipt of authorization to proceed with those services. The field exploration services schedule will be influenced by the availability of exploration equipment, site access, permit acquisition, and inclement weather, all of which are out of BAJADA’s control.

ASSUMPTIONS
A number of critical assumptions were made in preparation of this proposal. Those assumptions are as follows:
 Our field exploration can be performed between 8 am and 5 pm M – F and will not include any night work;
 An encroachment permit will be issued by the City at no fee to BAJADA; and  By contacting USA regarding utility locations on-site, BAJADA will have performed the standard of care, due diligence to avoid encountering buried utilities during exploration. If mislocated or unlocated utilities are encountered during exploration, BAJADA cannot be held responsible for the adverse effects caused by encountering those utilities.

If these assumptions are incorrect, modification to this proposal may be necessary.

CLOSURE
We appreciate the opportunity to propose on this project and look forward to working with you on this study. If you have questions regarding this proposal or require additional information, please contact me at (530) 638-5263 at your convenience.

Regards,
BAJADA GEOSCIENCES, INC.

James A. Bianchin, C.E.G.

Principal Engineering Geologist
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© 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 TomTom 1515
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Item 8.

Ophir Road-Palermo
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

STANDARD HOURLY RATES
Effective July 1, 2021 through June 30, 2022*
Engineering/Surveying Hourly Rate
Principal Engineer/Surveyor $220.00
Senior Managing Engineer/Surveyor $200.00
Senior Engineer/Surveyor $180.00
Associate Engineer/Surveyor $160.00
Assistant Engineer/Surveyor $140.00
Junior Engineer $120.00
Senior Designer/Technician $130.00
Associate Designer/Technician $110.00
Assistant Designer/Technician $ 90.00
Party Chief $180.00
Two-Person Survey Crew $245.00
Three-Person Survey Crew $310.00
Party Chief (Prevailing Wage) $200.00
Two-Person Survey Crew (Prevailing Wage) $325.00
Architecture Hourly Rate
Senior Architect $175.00
Project Architect $160.00
Assistant Architect $145.00
Architectural Job Captain $130.00
Architectural Drafter $110.00
Planning/Environmental/GIS Hourly Rate
Principal Planner (Wolfe) $170.00
Senior Planner/Enviro Scientist/Planner/GIS Analyst $145.00 Associate Planner/Enviro Scientist/Planner/GIS Technician $120.00 Assistant Planner/Enviro Scientist/Planner $100.00
Administrative Hourly Rate
Project Management $160.00
Administrative $ 95.00
Other Rate
Litigation Support – Expert Witness Testimony $500.00 per hour Mileage Current Federal Rate
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Subcontractors (Bajada) Cost + 15%
*Rates typically increase 4-5% per year
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Item 8.

Ophir Road-Palermo
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 100,526 Task 1: Project Management $12,040
Task 2: Topographic Survey & Base Map $31,650
Task 3: Design $27,036
Task 4: MS4 $1,120
Task 5: Bidding $7,520
Task 6: Geotechnical Investigation (Bajada including 15%) $21,160 6 194
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TASK ORDER #6

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2022, by and between the City of Oroville (“City”) and NorthStar (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically production of plans, specifications, estimates, etc. for the restriping of the roadway and slope stabilization along Oroville Dam Boulevard from Acacia Avenue to Zepher Way and associated work; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3387 between the City and the Consultant.

TASK ORDER

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the services described in Consultant’s proposal attached as Exhibit “A” which is incorporated herein by reference.

2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $72,890.00 without additional written authorization from the City. Payment by City under this Task Order 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.

4. 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 services performed, the date the services were performed, the number of hours spent and by whom, a description of any reimbursable expenditures, the contract number, and the Task Order number.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Task Order, 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 Task Order. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. Termination. This Task Order 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 196
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services properly performed up to the effective date of termination.

7. 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 Task Order, except working 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.

8. Licensing of Intellectual Property. This Task Order 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 Task Order (“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 Task Order.

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 197
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at any time, provided that any such use not within the purposes intended by this Task Order shall be at City’s sole risk.

9. Confidentiality. All ideas, memoranda, specifications, plans, procedures, 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 Task Order 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 Task Order. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Task Order. 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 Task Order in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. 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 Task 198
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Order.
b. Consultant shall maintain all documents and records which demonstrate performance under this Task Order for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Task Order.
c. Any records or documents required to be maintained pursuant to this Task Order 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 it’s 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 Task Order. 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.

11. 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 199
Item 8.

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may have to any such rights.

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professionals in Consultant’s field of expertise.

14. 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.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s 201
Item 8.

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stand alone and are unaffected by this Task Order.

20. Amendments. This Task Order 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.

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

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27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order.

Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order and to bind each respective party.

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

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Bill LaGrone, City Administrator Jay Lowe, Department Manager APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
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Item 8.

Oro Dam Blvd & Acacia
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

SCOPE OF WORK

We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope of work for the Oro Dam Blvd and Acacia Project is to provide slope repair and restriping on Oro Dam Blvd. NorthStar will provide a restriping plan along Oro Dam Blvd between the crossroads of Acacia Ave to Zepher Way. In addition, NorthStar will provide slope stabilization design within the right of way along Oro Dam Blvd from Valley View Drive to Zepher Way.

Quality Assurance / Quality Control
NorthStar’s approach to quality assurance and control program has been developed over the course of performing engineering consulting services for a variety of clients and complex projects over the past 40 years. Two primary methods for consistently delivering a quality product on-time and within budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables. 1 206
Item 8.

Oro Dam Blvd & Acacia
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
Task 2 Topographic Survey and Basemapping
NorthStar will perform a topographic survey and provide a base map suitable for the design of this restriping and slope stabilization. The survey will include the limits as depicted in Attachment B falling between the road right-of-way and City limits. The topographic map shall include the following:

Task 2a: Topographic Survey along Oro Dam Blvd. E between Acacia and Valley View Drive, consisting approximately 1590 +/- linear feet of roadway for the purposes of re-striping:
• Edge of Pavement
• Existing striping at key locations for the purposes of overlaying an aerial image over the topographic survey to identify existing road striping within the survey limits.

Task 2b: Topographic Survey along Oro Dam Blvd. East between Valley View Drive and Zepher Way, consisting of approximately 920 +/- linear feet for the purposes of slope repair and striping. • Surface improvements
• Topographic features falling between the perceived right-of-way, i.e. fence lines • Underground utilities compiled from utility surface features, as-built plans, and franchise utility system maps (research performed by NorthStar)
• Existing striping
• Trees larger than 5” diameter, measured at breast height • Surface Roadway Features, tops, and toes
The vertical control will be on the North American Vertical Datum of 1988 (NAVD88). The topographic survey will be compiled in AutoCAD Civil 3D 2022. A signed pdf file of the Topographic Base Map and the AutoCAD drawing file will be provided for the project teams use.

This topographic survey excludes any right-of-way or boundary line determination within the project area. If it is determined that right-of-way or boundary lines are needed a separate scope and estimate shall be provided by NorthStar.

This estimate does not include traffic control. If it is determined that traffic control is needed to support the field survey crew prior to commencing the survey a separate scope and cost estimate will be provided for traffic control services.

Task 3 Design
Utility Coordination
NorthStar will coordinate with utility companies to identify utility conflicts and collaborate on appropriate avoidance or relocation solutions as needed.

Oro Dam Blvd & Acacia
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
solving and iterative design prevents unnecessarily expenditure of resources on an errant design trajectory.

DELIVERABLES:
• 90% Complete Civil Design
• Engineers Estimate
• General and standard specifications
Task 4 Storm Drain MS4
It is our understanding that the City of Oroville does not follow MS4 standards and specifications. It is assumed that storm drain MS4 management system complying with Post Construction Standards will not be required for this project and is not included in the proposal.

Although MS4 is not required, time has been included in the estimate to provide a clarification letter and supporting documentation to the City of Oroville.

Task 5 Bidding
NorthStar will route for signatures and deliver the Final (100%) Contract Documents for bidding purposes after completion of full review and subsequent modifications.

Additionally, NorthStar will aid the City during the construction bidding and awarding process.

Specifically, NorthStar will provide technical support to the City by answering and documenting questions from potential bidders and staff. NorthStar will also provide written responses to contractor requests for information (RFI’s) during the bidding process and draft addendums as applicable. NorthStar will coordinate and assist the Client with the following:
• Answer any questions from contractors and/or bidders
• Responses will be provided via phone, email, formally response to submitted RFI’s • Prepare addendums to be released to the bidders
3 208
Item 8.

Oro Dam Blvd & Acacia
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
Task 6 Geotechnical investigation
Bajada Geosciences will perform a geotechnical evaluation slope stability along Oro Dam Blvd Road between the crossroads of Valley View Dr and Zepher Way. This investigation will provide recommendations for slope restoration along this section of road. A detailed proposal by Bajada Geosciences can be found in Attachment A.
4 209
Item 8.

Oro Dam Blvd & Acacia
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

PROJECT EXCLUSIONS
• Environmental Review: including preparation of a Notice of Exemption (NOE) for the proposed project pursuant to CEQA Guidelines Section 15062 and Appendix E • Landowner coordination: including right of way appraisals and acquisitions • SWPPP can be provided for additional cost
• Construction staking can be provided for an additional cost • Traffic control can be provided for an additional cost • Right-of-way or boundary line determination
5 210
Item 8.

Oro Dam Blvd & Acacia
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT:CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Fritz Mckinley BY: Lambert O. Lowe
TITLE: Senior Engineer TITLE: Senior Engineer
LICENSE NO. RCE 59574 LICENSE NO. RCE 59077
SIGNED: SIGNED:

DATE: DATE:
7 211
Item 8.

Quality Geotechnical Engineering Services
March 9, 2022
Proposal P22.0112
Ms. Jackie Hollmer, P.E.

NORTHSTAR ENGINEERING
111 Mission Ranch Blvd, Ste. 100
Chico, CA 95926
Subject: Proposal for Geotechnical Services
Oro Dam Boulevard Slope Stabilization West of Zepher Way City of Oroville, California

Dear Ms. Hollmer:

Bajada Geosciences, Inc. (BAJADA), is pleased to present this proposal to Northstar Engineering (Northstar), to provide geotechnical engineering services for evaluation of methods to increase stability of slopes along a segment of Oro Dam Boulevard East in the City of Oroville, California. The following proposal presents our understanding of the project, a scope of services, estimated costs, and a schedule to complete our studies.

PROJECT UNDERSTANDING
We understand that cut slopes bordering a portion of Oro Dam Boulevard East between Zepher Way and Valley View Drive have locally been failing and that alternatives for increasing the stability of those slopes are needed. Those slopes border each side of the road, are inclined at up to about

0.5:1 (horizontal:vertical) and are up to about 25 feet tall. Surficial slope failures are visible across much of the faces of those cut slopes and expose slightly cemented granular volcaniclastic sediments, in many areas rich in gravels and cobbles, along with some well cemented tuffaceous rock.

SCOPE OF SERVICES
Based on our understanding of the project, we have prepared the following scope of services for the project.

Task 1 – Geologic Mapping & Sampling
We will perform geologic mapping of the slopes to help identify stratigraphy that is exposed, which is likely controlling the stability of the slopes. The mapping will be performed over the course of one working day and will not require work within the traveled way. Thus, we have not included a scope or fee to obtain an encroachment permit from the City.

During mapping, we will obtain disturbed and relatively undisturbed soil samples from selected locations across the cut slope faces. The relatively undisturbed samples will be obtained using 2.5- 10 212
Item 8.

Proposal to Provide Geotechnical Engineering Services
Oro Dam Boulevard East Slope Stabilization West of Zepher Way City of Oroville, California
March 9, 2022
P22.0112_ZephyrRd_3-9-2022
inch-diameter by 6-inch-long stainless-steel sampling sleeves that will be driven using hand sampling equipment. The samples will be capped and sealed and returned to our office for assignment of laboratory tests.

Task 2 – Laboratory Testing
Soil samples obtained during Task 1 will be delivered to BAJADA’s office for assignment of laboratory testing. It is anticipated that the following laboratory tests will be performed during the course of this study:

ANTICIPATED LABORATORY TESTING SCHEDULE
Test Standard Test Method Number of Tests
In situ Moisture/Dry Density ASTM D2937 8
Atterberg Limits ASTM D4318 4
Grain Size Analysis ASTM D422 4
Direct Shear ASTM D3080 4
Maximum Density/Optimum Moisture ASTM D1557 1
Soil Chemistry AASHTO T290/291 2
The actual types and numbers of tests that will be performed may vary from those presented in the above table and will be determined after the field exploration has been performed.

Task 3 – Geotechnical Analysis
Upon completion of the above-noted tasks, we will perform evaluations for the project using our mapping and laboratory testing data. The evaluations will consist of the following:
 Soil/geologic profiles along the cut slopes;
 Characterization of the existing slope failures;
 Identification of potential alternatives that can be used to increase slope stability in the project area. Those alternatives will likely consist of decreasing slope angles, soil nailing, draping and pinning slopes, and slope retention structures; and  Slope stability analyses to estimate the effectiveness of the alternatives proposed for reducing slope instability.

Slope stability evaluations will be performed using limit-equilibrium methods using the computer program SLIDE 2018. In addition, infinite slope stability modeling will be performed for relatively shallow slope failures. Stability evaluations will meet current standards set forth by the California Geological Survey.
11 213
Item 8.

Proposal to Provide Geotechnical Engineering Services
Oro Dam Boulevard East Slope Stabilization West of Zepher Way City of Oroville, California
March 9, 2022
P22.0112_ZephyrRd_3-9-2022
Task 6 – Reporting
Results of the field investigation, laboratory testing, and analyses will be summarized and concluded in a written letter-report. That report that will contain, at a minimum, the following:

 A description of the proposed project;
 A description of the field mapping methods and sampling program;  The geologic map prepared for the cut slopes within the project area. That map will indicate locations where soil samples were obtained;
 Results of laboratory testing;
 A description of select, existing, available data collected, reviewed, and utilized during this study;
 Estimated excavatability of soil and rock materials;
 Alternatives evaluated to increase slope stability and their respective estimated effectiveness;
 Recommendations related to geotechnical aspects of:
 Site grading and drainage, including compaction criteria and potential reuse of on-site soils as select backfill materials; and  Lateral earth pressures (active, at-rest, and passive) under static and dynamic conditions for retention structures;
 An appendix presenting the results of our laboratory testing; and  An appendix presenting methods and results of stability analyses.

Unless otherwise directed, we will submit a draft copy of the report in a *.pdf format for review and comment. Upon receipt of comments, we will edit the draft report then submit the finalized report for Northstar’s use.

ESTIMATE OF FEES
Our services will be performed on a time and expenses basis in accordance with the fees presented on our attached Fee Schedule. For the scope of work outlined above, we estimate that our fees will be $17,200. Those fees will not be exceeded without written authorization from Northstar.

Proposal to Provide Geotechnical Engineering Services
Oro Dam Boulevard East Slope Stabilization West of Zepher Way City of Oroville, California
March 9, 2022
P22.0112_ZephyrRd_3-9-2022

Regards,
BAJADA GEOSCIENCES, INC.

James A. Bianchin, C.E.G.

Principal Engineering Geologist
Attachment: 2022 Fee Schedule
13 215
Item 8.
2022 FEE SCHEDULE

PROFESSIONAL STAFF HOURLY RATE
Administrative ....................................................................................................................................... $ 70 Illustrator ................................................................................................................................................ $ 85 Technician .............................................................................................................................................. $ 90 Staff Professional ................................................................................................................................. $ 110 Project Professional ............................................................................................................................. $ 125 Senior Professional .............................................................................................................................. $ 135 Principal Professional .......................................................................................................................... $ 150 Principal Consultant ............................................................................................................................ $ 150 Overtime & Prevailing Wage Rates for Technical and Office Staff:
a. Saturday or over 8 hours/day during weekdays............................................ 1.3 x straight time b. Sundays/holidays.......................................................................................... 1.5 x straight time c. Swing or graveyard shift premium................................................................. 1.3 x straight time d. Prevailing Wage rates....................................................................... Quoted relative to Project

OTHER DIRECT CHARGES
Subcontracted Services .......................................................................................... Cost Plus 15% Outside Reproduction ............................................................................................. Cost Plus 15% Laboratory Testing .................................................................................................. Cost Plus 15% Outside Equipment ................................................................................................. Cost Plus 15% Out-of-Pocket Expenses ......................................................................................... Cost Plus 15% Travel and Subsistence .......................................................................................... Cost Plus 15% Field Vehicle ......................................................................................................................$25/day Unmanned Aerial System ................................................................................................$250/day Vehicle Mileage.............................................................................................................. $0.80/mile Specialized Software Applications ...................................................................................... $40/hr 14 216
Item 8.
© 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 TomTom 16 217
Item 8.

Oro Dam Blvd & Acacia
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

STANDARD HOURLY RATES
Effective July 1, 2021 through June 30, 2022*
Engineering/Surveying Hourly Rate
Principal Engineer/Surveyor $220.00
Senior Managing Engineer/Surveyor $200.00
Senior Engineer/Surveyor $180.00
Associate Engineer/Surveyor $160.00
Assistant Engineer/Surveyor $140.00
Junior Engineer $120.00
Senior Designer/Technician $130.00
Associate Designer/Technician $110.00
Assistant Designer/Technician $ 90.00
Party Chief $180.00
Two-Person Survey Crew $245.00
Three-Person Survey Crew $310.00
Party Chief (Prevailing Wage) $200.00
Two-Person Survey Crew (Prevailing Wage) $325.00
Architecture Hourly Rate
Senior Architect $175.00
Project Architect $160.00
Assistant Architect $145.00
Architectural Job Captain $130.00
Architectural Drafter $110.00
Planning/Environmental/GIS Hourly Rate
Principal Planner (Wolfe) $170.00
Senior Planner/Enviro Scientist/Planner/GIS Analyst $145.00 Associate Planner/Enviro Scientist/Planner/GIS Technician $120.00 Assistant Planner/Enviro Scientist/Planner $100.00
Administrative Hourly Rate
Project Management $160.00
Administrative $ 95.00
Other Rate
Litigation Support – Expert Witness Testimony $500.00 per hour Mileage Current Federal Rate
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Subcontractors Cost + 15%
*Rates typically increase 4-5% per year
8 218
Item 8.

Oro Dam Blvd & Acacia
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 72,890 Task 1: Project Management $10,200
Task 2: Topographic Survey & Base Map $18,950
Task 3: Design $15,320
Task 4: MS4 $1,120
Task 5: Bidding $7,520
Task 6: Geotechnical Investigation (Bajada Geosciences) $19,780 6 219
Item 8.

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TASK ORDER #7

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2022, by and between the City of Oroville (“City”) and NorthStar (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically production of plans, specifications, estimates, etc. for the repaving of the Washington Avenue from the railroad overcrossing to Oroville Dam Boulevard and associated work; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3387 between the City and the Consultant.

TASK ORDER

2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.
220
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $139,840.00 without additional written authorization from the City. Payment by City under this Task Order 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.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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services properly performed up to the effective date of termination.

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at any time, provided that any such use not within the purposes intended by this Task Order shall be at City’s sole risk.

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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 224
Item 8.

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may have to any such rights.

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professionals in Consultant’s field of expertise.

14. 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.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s 226
Item 8.

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stand alone and are unaffected by this Task Order.

20. Amendments. This Task Order 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.

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

Page 10 of 11 ends

27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order.

Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order and to bind each respective party.

Page 11 of 11 ends

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

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Bill LaGrone, City Administrator Jay Lowe, Department Manager APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
230
Item 8.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 4/25/2022

SCOPE OF WORK

We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope of work for the Washington Avenue Project is to provide pavement replacement, restriping, and ADA ramp design along Washington Avenue. The project extents range from the crossroads of Oro Dam Blvd E through the bridge abutment directly after Orange Avenue, please see Attachment A for the Project Extents Exhibit. This scope includes pavement replacement for the entire stretch of Washington Ave within the project limits. In addition, NorthStar will provide a design for all ramps that do not currently comply with ADA standards and a design to add ramps at curb returns if necessary.

Quality Assurance / Quality Control
NorthStar approach to quality assurance and control program has been developed over the course of performing consulting services for a variety of clients and complex projects over the past 30 years. Two primary methods for consistently delivering a quality product on-time and within 1 231
Item 8.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 4/25/2022
budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables.

Task 2 Topographic Survey and Basemapping
NorthStar will retain the services of an Aerial Photogrammetrist to perform a topographic survey and provide a base map suitable for the design of the new roadway rehabilitation projects. The survey will include the limits as depicted in Attachment A falling between the road right-of-way. The topographic map shall include:
• Surface improvements
• Underground utilities compiled from utility surface features, as-built plans and franchise utility system maps (research performed by NorthStar). Invert elevations are excluded from this scope.
• Fence Lines
• Existing striping
• Tree canopy lines
• Right-of-way Lines compiled from record information
• Surface Roadway Features, tops, toes, center of railroad tracks in the area of the railroad bridge. It is assumed that a detailed topographic survey of the bridge will not be required.

The aerial photogrammetric map shall be prepared at a 1” = 20’ scale with 1’ contours. An analysis shall be made on the existing handicap ramps to determine compliance with ADA slopes. Where it is determined that any ramp is not in ADA compliance, ground survey data shall be collected in that area and incorporated in the aerial base map.

Preliminary research of existing record mapping along Washington Avenue within the project area shows that not all right-of-ways have been mapped. Right-of-way lines shown on existing maps within the project area will be depicted on the topographic survey where sufficient monuments can be found based on said record mapping.

Task 3 Design
Right of Way & Utility Coordination
The intersection of Oro Dam Blvd East and Washington Avenue is within the Caltrans right of way.

We have included additional time for two submittals to Caltrans and all necessary Caltrans related permits in our estimate. If more than two submittals are required, an additional work order authorization (AWA) will be issued.

NorthStar will identify the right of way to establish temporary construction signage, proposed fence relocation(s), tree removal, and other related permits and improvements if necessary. 2 232
Item 8.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 4/25/2022
NorthStar will coordinate with utility companies to identify utility conflicts and collaborate on appropriate avoidance or relocation solutions.

Civil Design: 35%, 60%, & 90% Plans
The 35% design completion serves multiple functions in the design process such identifying and resolving site specific prospective challenges. Utilizing this phase of development for problem solving and iterative design prevents unnecessarily expenditure of resources on an errant design trajectory. NorthStar has included a limited amount of time to investigate surface drainage within the project limits. If significant drainage issues are found, NorthStar will coordinate with the City to determine the new scope of work, project extents, and corresponding AWA.

Based on the City technical review and comments to the 60% documents, the project plans, specifications, and estimate will be progressed to a 90% level of completion including preparation and inclusion of applicable bid documents. Additionally, this level of design will be developed to support submittal for the Request for Allocation for the construction phase of the project. The project plans will include label detailing, notes, and design refinements to support implementation of the project by any contractor. Similarly, project specifications and engineer’s estimate will be refined to support successful implementation of the project.

DELIVERABLES:
• One set of hard copy (letter size) and digital copy (pdf and MS Word) 90% level of project Bid Book; including
General, Standard Special, revised (as applicable), Amended (as applicable) Provisions; Bid Documents
• One set of hard copy (24x36) and digital copy (pdf or Design Review) 100% Contract and Construction Documents
Task 4 Storm Drain MS4
It is our understanding that the City of Oroville does not follow MS4 standards and specifications. It is assumed that storm drain MS4 management system complying with Post Construction Standards will not be required for this project and is not included in the proposal. 3 233
Item 8.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 4/25/2022
Although MS4 is not required, time has been included in the estimate to provide a clarification letter and supporting documentation to the City of Oroville.

Task 5 Bidding
NorthStar will route for signatures and deliver the Final (100%) Contract Documents for bidding purposes after completion of full review and subsequent modifications.

Additionally, NorthStar will aid the City during the construction bidding and awarding process.

4 234
Item 8.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 4/25/2022

PROJECT EXCLUSIONS
• Environmental Review: including preparation of a Notice of Exemption (NOE) for the proposed project pursuant to CEQA Guidelines Section 15062 and Appendix E • Landowner coordination: including right of way appraisals and acquisitions when necessary • SWPPP can be provided for additional cost
• Construction staking can be provided for an additional cost • Traffic control can be provided for an additional cost • Prebid meetings
• Utility improvements including sewer and storm drain invert elevations • Sidewalk extensions or replacement
• Driveway improvements including noncompliant ADA sidewalks adjacent to driveway approaches

5 235
Item 8.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 4/25/2022
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT: CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Fritz Mckinley BY: Lambert O. Lowe
TITLE: Senior Engineer TITLE: Senior Engineer
LICENSE NO. RCE 59574 LICENSE NO. RCE 59077
SIGNED: SIGNED:

DATE: DATE:

7 236
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© 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 TomTom 10 237
Item 8.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 4/25/2022

8 238
Item 8.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 4/25/2022

COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 139,840 Task 1: Project Management $11,480
Task 2: Topographic Survey & Base Map $35,780
Task 3: Design $85,400
Task 4: MS4 $1,120
Task 5: Bidding $6,060

6 239
Item 8.

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TASK ORDER #8

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2022, by and between the City of Oroville (“City”) and NorthStar (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically production of plans, specifications, estimates, etc. for the repaving of the roundabout at Montgomery Street and Washington Street and associated work; and B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3387 between the City and the Consultant.

TASK ORDER

2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.

3. Compensation. Compensation to be paid to Consultant shall be in accordance 240
Item 8.

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with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $46,305.00 without additional written authorization from the City. Payment by City under this Task Order 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.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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Task Order shall be at City’s sole risk.

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b. Consultant shall maintain all documents and records which demonstrate performance under this Task Order for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Task Order.
c. Any records or documents required to be maintained pursuant to this Task Order 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 it’s 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 Task Order. 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.

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.
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14. 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.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s own cost and expense, shall procure and maintain insurance, for the duration of 246
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the Task Order, as required under Contract Number 3387 between the City and the Consultant. The terms of Contract Number 3387 between the City and the Consultant are incorporated by reference as if fully set forth herein. To the extent that any conflict exists between Contract Number 3387 and this Task Order, the terms of Contract Number 3387 shall control.

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20. Amendments. This Task Order 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.

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

24. Controlling Law Venue. This Task Order and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to 248
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this Task Order shall be held exclusively in Butte County Superior Court or the United States District Court, Eastern District of California.

27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order.

Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order and to bind each respective party.

28. 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 Task Order. 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 249
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upon or resulting from the award or making of this Task Order. For breach or violation of this warranty, City shall have the right to rescind this Task Order without liability. For the term of this Task Order, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Task Order, or obtain any present or anticipated material benefit arising therefrom.

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

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Bill LaGrone, City Administrator Jay Lowe, Department Manager APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
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Montgomery Roundabout
Professional Services Agreement Scope of Work; NorthStar 4/25/2022

SCOPE OF WORK

We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope of work for the Montgomery Roundabout Project includes pavement replacement and restriping improvements for the roundabout directly south of the Table Mountain Blvd bridge. The project extents exhibit can be found in Attachment A. This scope does not include any ADA ramp design, sidewalk, or drainage improvements.

Montgomery Roundabout
Professional Services Agreement Scope of Work; NorthStar 4/25/2022
Task 2 Topographic Survey and Basemapping
NorthStar will retain the services of an Aerial Photogrammetrist to perform a topographic survey and provide a base map suitable for the design of the new roadway rehabilitation projects. The survey will include the limits as depicted in Attachment A falling between the road right-of-way. The topographic map shall include:
• Surface improvements
• Underground utilities compiled from utility surface features, as-built plans and franchise utility system maps (research performed by NorthStar). Invert elevations are excluded from this scope.
• Fence Lines
• Existing striping
• Tree canopy lines
• Right-of-way Lines compiled from record information
• Surface Roadway Features, tops, toes, center of railroad tracks near the railroad bridge.

It is assumed that a detailed topographic survey of the bridge will not be required.

Preliminary research of existing record mapping along the Washington Avenue and Montgomery roundabout within the project limits shows that not all right-of-ways have been mapped. Rightof-way lines shown on existing maps within the project area will be depicted on the topographic survey where sufficient monuments can be found based on said record mapping.

NorthStar will coordinate with utility companies to identify utility conflicts and collaborate on appropriate avoidance or relocation solutions.

Montgomery Roundabout
Professional Services Agreement Scope of Work; NorthStar 4/25/2022
Based on the City technical review and comments to the 60% documents, the project plans, specifications, and estimate will be progressed to a 90% level of completion including preparation and inclusion of applicable bid documents. Additionally, this level of design will be developed to support submittal for the Request for Allocation for the construction phase of the project. The project plans will include label detailing, notes, and design refinements to support implementation of the project by any contractor. Similarly, project specifications and engineer’s estimate will be refined to support successful implementation of the project.

Although MS4 is not required, time has been included in the estimate to provide a clarification letter and supporting documentation to the City of Oroville.

Task 5 Bidding
NorthStar will route for signatures and deliver the Final (100%) Contract Documents for bidding purposes after completion of full review and subsequent modifications.

Additionally, NorthStar will aid the City during the construction bidding and awarding process.

NorthStar will coordinate and assist the Client with the following:
• Answer any questions from contractors and/or bidders
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Montgomery Roundabout
Professional Services Agreement Scope of Work; NorthStar 4/25/2022
• Responses will be provided via phone, email, formally response to submitted RFI’s • Prepare addendums to be released to the bidders

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Montgomery Roundabout
Professional Services Agreement Scope of Work; NorthStar 4/25/2022

PROJECT EXCLUSIONS
• Environmental Review: including preparation of a Notice of Exemption (NOE) for the proposed project pursuant to CEQA Guidelines Section 15062 and Appendix E • Landowner coordination: including right of way appraisals and acquisitions when necessary • SWPPP can be provided for additional cost
• Construction staking can be provided for an additional cost • Traffic control can be provided for an additional cost • Prebid meetings
• Utility improvements
• Sidewalk improvements including ADA

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Montgomery Roundabout
Professional Services Agreement Scope of Work; NorthStar 4/25/2022
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT: CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Fritz Mckinley BY: Lambert O. Lowe
TITLE: Senior Engineer TITLE: Senior Engineer
LICENSE NO. RCE 59574 LICENSE NO. RCE 59077
SIGNED: SIGNED:

DATE: DATE:

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© 2022 Microsoft
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Montgomery Roundabout
Professional Services Agreement Scope of Work; NorthStar 4/25/2022

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Montgomery Roundabout
Professional Services Agreement Scope of Work; NorthStar 4/25/2022

COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 46,305 Task 1: Project Management $6,000
Task 2: Topographic Survey & Base Map $11,925
Task 3: Design $21,760
Task 4: MS4 $1,120
Task 5: Bidding $5,500

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TASK ORDER #12

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2022, by and between the City of Oroville (“City”) and NorthStar (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, at the City owned lot at the southwesterly corner of Mongomery Street and Downer Street to specifically determine the presence of underground storage tanks ,and if any exist, document their location, and associated work; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3387 between the City and the Consultant.

TASK ORDER

2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $5,900.00 without additional written authorization from the City. Payment by City under this Task Order 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.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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services properly performed up to the effective date of termination.

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at any time, provided that any such use not within the purposes intended by this Task Order shall be at City’s sole risk.

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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 264
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may have to any such rights.

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professionals in Consultant’s field of expertise.

14. 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.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s 266
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stand alone and are unaffected by this Task Order.

20. Amendments. This Task Order 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.

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

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27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order.

Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order and to bind each respective party.

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

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Bill LaGrone, City Administrator Jay Lowe, Department Manager APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
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SCOPE OF WORK

SERVICES PROVIDED
NorthStar has prepared the following scope of services to determine if an underground tank or tanks exist on the City owned lot at the corner of Montgomery and Downer Streets, APN 012-035- 004 and the adjoining portion of Downer Street.

Project Management
NorthStar Engineering will perform the various services and activities associated with management of the construction contract. Diligent contract management for state funded contracts is a critical component in successfully managing these public funds and ultimately maintaining the City’s positive standing with funding agencies.

PROJECT ADMINISTRATION AND OVERHEAD
Project Administration and Overhead includes front office and project administration including but not limited to, managing insurance policies, packaging, mailing and deliveries, billing, Ajera billing software setup, certified payroll invoicing, etc.

PROJECT COORDINATION
Explicit and thorough communications with the City and with the Design sub consultants is vital to the success of any project, and as such the NorthStar Design Team segregates this as a separate scope and budget component to acknowledge and account for this element during the life of the project development. To effectively manage the project NorthStar expects to have a weekly onehour meeting for a month duration with the City to review project progress and activities.

QUALITY ASSURANCE / QUALITY CONTROL
NorthStar Engineering’s approach to quality assurance and control program has been developed over the course of performing engineering consulting services for a variety of clients and complex projects over the past 30 years. Two primary methods for consistently delivering a quality product on-time and within budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables.

Underground Tank Detection
NorthStar will retain Sierra Nevada GSI from Grass Valley as a subconsultant. GSI will utilize Ground Penetrating Radar (GPR) to search for underground facilities on the project site. If detected, the location will be marked on the surface and approximate depths provided. 271
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Base Mapping
If a tank or tanks are detected, NorthStar will perform a topographic survey and provide a base map suitable to determine the location of found tank(s) relative to onsite and offsite improvements. The survey shall include:
• Survey control established by a post-processed GNSS survey • Surface improvements, including adjoining buildings and utility facilities • Underground features as identified by the GPR with approximate depths • Trees
The vertical control will be on the North American Vertical Datum of 1988 (NAVD88). Horizontal coordinates will be on the California Coordinate System, Zone 2, NAD 83 (CCS83). Using geodetic coordinates and a current elevation datum will enable the City to report geodetic locations to State or Federal Agencies if the need arises. This will also allow the City to easily add the mapped information to their existing GIS data base.

The base map will be compiled in AutoCAD Civil 3D 2022. A signed pdf file of the Topographic Base Map and the AutoCAD drawing file will be provided for the project teams use.

This survey excludes any right-of-way or boundary line determination within the project area. If it is determined that right-of-way or boundary lines are needed a separate scope and estimate shall be provided by NorthStar.
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BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Fritz Mckinley BY: Michael Mays
TITLE: Senior Engineer TITLE: Senior Managing Surveyor
LICENSE NO. RCE 59574 LICENSE NO. PLS 6967
SIGNED: SIGNED:

DATE: DATE: 2/3/2022
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STANDARD HOURLY RATES
Effective July 1, 2021 through June 30, 2022*
Engineering/Surveying Hourly Rate
Principal Engineer/Surveyor $220.00
Senior Managing Engineer/Surveyor $200.00
Senior Engineer/Surveyor $180.00
Associate Engineer/Surveyor $160.00
Assistant Engineer/Surveyor $140.00
Junior Engineer $120.00
Senior Designer/Technician $130.00
Associate Designer/Technician $110.00
Assistant Designer/Technician $ 90.00
Party Chief $180.00
Two-Person Survey Crew $245.00
Three-Person Survey Crew $310.00
Party Chief (Prevailing Wage) $200.00
Two-Person Survey Crew (Prevailing Wage) $325.00
Architecture Hourly Rate
Senior Architect $175.00
Project Architect $160.00
Assistant Architect $145.00
Architectural Job Captain $130.00
Architectural Drafter $110.00
Planning/Environmental/GIS Hourly Rate
Principal Planner (Wolfe) $170.00
Senior Planner/Enviro Scientist/Planner/GIS Analyst $145.00 Associate Planner/Enviro Scientist/Planner/GIS Technician $120.00 Assistant Planner/Enviro Scientist/Planner $100.00
Administrative Hourly Rate
Project Management $160.00
Administrative $ 95.00
Other Rate
Litigation Support – Expert Witness Testimony $500.00 per hour Mileage Current Federal Rate
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Subcontractors Cost + 15%
*Rates typically increase 4-5% per year
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COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 5,900 Task 1: Project Management $ 800
Task 2: GPR Subconsultant $ 1,200
Task 3: Base Mapping $ 3,900
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT:CLIENT:
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR

CONNOR MUSLER, ASSISTANT PLANNER
RE: FIRST READING OF ZONING CODE AMENDMENT ZC21-06,

PROPOSED REVISION OF OROVILLE MUNICIPAL CODE
SECTION 17.12.020 RELATING TO FENCE, WALLS AND

SCREENING STANDARDS
DATE: MAY 17, 2022

SUMMARY
The Council will consider amending OMC Section 17.12.020 relating to the City’s regulations of fences, walls and screening pertaining to maximum allowed heights, placement, and other changes necessary to protect the general health, safety, and public welfare of the city.

DISCUSSION
The City’s current Fence, Walls and Screening regulations, found in Oroville Municipal Code (OMC) Section 17.12.020, outlines the requirements for the placement, height, and design of fences within the City’s zoning districts. When reviewing this code section, staff realized that there were inconsistencies with other sections of the municipal code; necessary changes to protect the general health, safety, and public welfare of the city; and room to provide greater clarity on fence placement and height.

The City Council conducted a public hearing on April 19, 2022, and after public comment and discussion, the consensus of the Council was to return to the Planning Commission for further discussion on the proposed changes.

Staff conducted additional research on fence regulations throughout Butte County and the State before returning to the Planning Commission on April 28, 2022, with a presentation and further discussion with the Commission. After much discussion, the consensus of the Planning Commission was that the proposed ordinance adequately balanced public rights of the community and private rights of property owners and was in-line with regulations commonplace in other 276
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jurisdictions. The height limitations within the front yards of residences are standard regulations found in all neighboring Butte County jurisdictions and throughout the State. In addition, the commissioners felt that the changes were necessary to help achieve the long-term vision for Oroville as outlined in the 2030 General Plan. The Planning Commission voted 5-0, with 1 absent, to return to the City Council without further changes to the proposed ordinance and a to give a presentation.

Some key changes to note include:

Removed Inconsistencies with the Adopted Building Code: The City’s building code allows fences up to 7 feet in height without a building permit.

Anything constructed in excess of 7 feet requires an applicant to apply for and receive a building permit. However, the City’s fence ordinance states that the height of any fence or wall in residential districts shall not exceed 6 feet and in public areas anything over 6 feet is subject to development review. In order to maintain consistency with our adopted building code, staff have made 7 feet the maximum allowed height for fences without a building permit Changes for Public Safety: The City’s fence ordinance as adopted allows a solid fence up to 6 feet tall in the front yard, provided that it is set back at least 5 feet from the property line and the setback area landscaped. This type of fencing in the front yard is discouraged by the City’s adopted Design Guidelines, which can result in properties being surrounded by a tall solid fence. Properties surrounded by tall solid fencing creates a potential public safety issue for first responders who cannot see who or what may be behind the fence or a clear way to access the property.

To address this, staff revised the maximum allowed height in the front setback area to be 42 inches (3.5 ft). If a property owner wishes to construct a fence over 42 inches, the fence must be constructed outside of the required front yard setback specific to the underlying zoning district, or at the point equal to the primary building’s front façade, whichever is less. At the October 28, 2021 Planning Commission meeting, the Commission recommended that the maximum allowed height anywhere in the front yard of a property within the Downtown Historic Overlay (DH-O) be 42 inches. This change is highlighted in red in the draft code.

Fence Placement and Height: The fence ordinance can be difficult to understand for some due to the various height, placement, and design restrictions associated with fencing. To provide greater clarity to homeowners, developers, and other individuals, staff have included a maximum height table in the new code and created a fence placement diagram detailing standard scenarios of where fences can and cannot be placed.

On October 28, 2021, the Planning Commission conducted a public hearing to 277
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consider the proposed amendments and adopted Resolution P2021-19 to recommend to City Council adoption of the proposed Ordinance. Following the October 28, 2021 Planning Commission meeting, staff returned to the Planning Commission on January 27, 2022 to again discuss the draft changes to the fence ordinance. At that meeting, the Commission discussed further changes to the code relating to fences within the sight distance area and the review authority for fences around historic areas, parks, and museums. The changes proposed following the January 27, 2022 meeting are highlighted in green in the draft code and detailed as follows.

Sight Distance Area: The sight distance area is the area at the corner of intersections that has been determined within the City’s adopted engineering standards as necessary to remain free and clear of obstructions so as to not obstruct the view of drivers, pedestrians, and cyclists at intersections. The City’s current fence ordinance allows fences within the sight distance area, provided that they do not exceed 30 inches (2.5 ft) in height. At the January 27, 2022 Planning Commission meeting, there was some discussion among commissioners about allowing an increased fence height within the sight distance area. Staff reviewed other jurisdictions regulations and found a wide variety of how fences are regulated within the sight distance area. Some cities prohibit any type of fence within the sight distance area, others allow fences up to 3 ft in height, some have a transparency requirement to maintain visibility, while others require a permit to construct fences within the sight distance area.

Based on Staff’s research of other jurisdiction’s regulations, the draft change would allow fences up to 42 inches within the sight distance area, provided that the fence is no more than 50% solid to maintain intersection visibility. A fence over 30 inches, to a maximum of 42 inches within the sight distance area will require the submittal of a development review permit for review administratively by the Planning Division to ensure that the transparency requirement is met and that the increased height will not create a danger to public health, safety, and general welfare.

Historic Areas, Parks, and Museums: Currently, city code requires any fence proposed for installation around public areas exceeding 6 feet to be subject to development review. The Commission discussed their desire to differentiate the review authority for public areas and sites considered to be historic or contain museums. The draft change would include the Planning Commission, acting as the Historic Advisory Commission, in the review process for fences exceeding 7 feet in height around historic areas, designated landmarks, museums, and parks within the DH-O. The Planning Commission’s action shall only be advisory for fences requiring the approval of the City Council.
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FISCAL IMPACT
None

RECOMMENDATION

1. Waive first reading and approve AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.020 OF THE

ZONING CODE OF THE CITY OF OROVILLE RELATING TO FENCES, WALLS, AND SCREENING STANDARDS.

ATTACHMENTS

1. Ordinance No. 1860

2. Draft Fence Ordinance

3. October 28, 2021 Planning Commission Package.

4. January 27, 2022 Planning Commission Package
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CITY OF OROVILLE
ORDINANCE NO. 1860

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.020 OF THE ZONING CODE OF THE CITY OF OROVILLE RELATING TO FENCES, WALLS, AND SCREENING STANDARDS.

WHEREAS, the City of Oroville has prepared an Ordinance to amend Section

17.12.020 of the Oroville Municipal Code (OMC) relating to regulations of fences, walls, and screening; and
WHEREAS, the Oroville Planning Commission reviewed the proposed amendments at their regular meeting on October 28
th, 2021, on January 27th, 2022, and again on April
28th, 2022 and recommends that the City Council adopt the proposed changes to Section 17.12.020; and
WHEREAS, the City Council finds and declares that the proposed modifications to the fence, walls and screening standards include changes necessary to protect the general health, safety, and public welfare of the city; and
WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Zoning Code, the 2030 General Plan, and the City’s Design Guidelines; and
WHEREAS, adoption of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Title 14, California Code of Regulations, Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that there is no possibility that enactment of the Ordinance alone has the potential to cause a significant effect on the environment.

NOW, THERFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF OROVILLE DOES ORDAIN AS FOLLOWS:

SECTION 1: Findings.

The City Council of the City of Oroville adopts and finds as true and correct the aforementioned recitals and incorporate them herein as findings.

Section 2: Amendment to Section 17.12.020 of the Oroville Municipal Code.

Oroville Zoning Code Section 17.12.020 is hereby amended to read as follows:
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17.12.020 Fences, walls and screening
A. Applicability. No fence shall hereafter be erected, constructed, altered or maintained except as provided by this section. The requirements of this section shall apply to all fences and walls in all districts, excluding the walls of any building, and shall apply regardless of the construction material used.

B. Sight Distance Area. No fence shall obstruct the required sight distance area for an intersection as shown in Figure 17.12.020-1. Fences may be erected up to 42 inches in height within the sight distance area provided that the fence is an open fence that is no more than 50% solid. Fences over 30 inches in height, to a maximum height of 42 inches, within the sight distance area shall require administrative review and approval by the Planning Division through a development review permit to confirm the open fence requirement is met and that the increased height does not create a danger to public health, safety, and general welfare.

Figure 17.12.020-1: Sight Distance Area
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Figure 17.12.020-5: Fence Opacity
C. Fence Height Measurement. Exceptions to the standards of this section may be granted by the Planning Commission if warranted for safeguarding the public health, safety and welfare.
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1. The height of a fence at any point shall be measured from the base of the fence directly below that point. If a retaining wall is combined with a fence or wall, the combined height may reach a maximum height of 11 feet above grade (7 foot maximum fence with a 4 foot maximum retaining wall) along the streetside and rear property lines without a building permit, as shown in Figure 17.12.020-2.

Figure 17.12.020-2: Fence Height Measurement
D. Public Areas. Fences that enclose school grounds, public playgrounds and parks, tennis courts, public swimming pools, museums, or other public areas may be erected to a height in excess of 7 feet, subject to development review.

1. Historic Areas, Designated Landmarks, Museums, and Parks within the DH-O. Fences that enclose parks and museums within the DH-O, designated landmarks, and other designated historic sites may be erected to a height in excess of 7 feet subject to design and material review by the Planning Commission acting as the Historic Advisory Commission. If the fence requires approval of the City Council, the Planning Commission’s action shall only be advisory.

E. Swimming Pools. Fencing shall be provided around all swimming pools, spas and similar areas, in accordance with the requirements of the city building code.

F. Nonresidential development. Any nonresidential development shall meet the following fencing requirements:

1. The site shall include a solid fence or decorative masonry wall along each property line abutting a residential district. The fence shall be between 6 and 7 feet tall

2. Where a street separates the site from a property that is in a residential district, the site shall include one of the following along the property line that faces the street:
a. A solid fence or decorative masonry wall, between 6 and 7 feet tall, that is located behind any required planting area, and that has a decorative 283
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architectural treatment on any side facing a street, parking lot or adjoining residential district; or
b. A planting area with evergreen landscaping that restricts visibility into the site. The planting area shall be installed and maintained in accordance with Section 17.12.050.

3. Loading areas shall be fenced and screened as provided in Section

17.12.080.

4. Outdoor storage areas shall be fenced and screened as provided in Section

17.16.140.

5. All mechanical, electrical and external communication equipment, including air conditioners, refrigeration units, satellite dishes and microwave towers, shall be screened from public view. Screening of roof-mounted equipment shall be architecturally integrated into the building design.

6. A building permit is required for any fence over 7 feet in height.

G. Residential and Mixed-Use Development.

1. In all residential districts, the height of a fence or wall is shown in Table

17.12.020-1, unless authorized in compliance with the requirements of this subsection (G). See also Figure 17.12.020-3 for details on placement and heights of fences and walls.

Table 17.12.020-1: Fences and Walls in Residential Districts Location Maximum Height
Within required front yard setback 42 inches[1]
Within interior side or rear yard setback 7 feet[2]
Within street side setback 42 inches[3]
Within a controlled area vision triangle 30 inches[4]
Outside of a required setback 7 feet[2]
Notes:
[1] Height can be increased above 42 inches to a maximum height of 7 feet if constructed outside of the required front yard or at the point equal to the building’s front façade, whichever is less.
[2] Height can be increased above 7 feet with a building permit. [3] Fences above 42 inches and to a maximum height of 7 feet without a building permit must be placed at least 5 feet behind property line, outside of any public right-of-way easement, and must be landscaped in this setback area.
[4] See Figure 17.12.020-1 and Section 17.12.020(B)
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Figure 17.12.020-3: Fence Height and Placement

2. Fences, walls, or combination of fence and wall within the required front setback area for the underlying zoning district shall not exceed 42 inches. If the fence, wall, or combination of fence and wall is constructed outside of the required front setback area, or at the point equal to the building’s front façade, whichever is less, then the fence is allowed a maximum height of 7 feet. a. For properties within the Downtown Historic Overlay (DH-O), the fence height shall not exceed 42 inches anywhere in the front yard. The front 285
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yard shall be the area from the front property line to the point equal to the building’s front façade.

3. A decorative arch, trellis, or other entry feature along a street frontage may exceed the height limit shown in Table 17.12.020-1. The decorative features shall be limited to 10 feet in width and 10 feet in height.

Figure 17.12.020-4: Decorative Features

4. All fences in residential districts greater than 42 inches in height constructed within the street side yard setback adjacent to a public street shall be set back at least 5 feet from any property line that abuts a public street. This setback area shall be landscaped in accordance with the requirements of Section 17.12.050.

5. All multiple family residential projects shall include a fence or decorative masonry wall along the rear and side property lines. The fence or decorative masonry wall shall be between 6 and 7 feet tall.
a. Development of a single project on more than one parcel shall require fencing or decorative masonry wall along the project perimeter side and rear property lines.

6. For mixed-use development, the site shall include a solid fence or decorative masonry wall along each side and rear property line abutting a residential district. The fence or decorative masonry wall shall be between 6 and 7 feet tall.
a. Development of a single project on more than one parcel shall require fencing or decorative masonry wall along the project perimeter side and rear property lines.

7. A building permit is required for any fence or wall over 7 feet in height.

H. Retaining Walls.
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1. All retaining walls shall be constructed with split-face masonry, cast-in-place concrete, interlocking block or a similar material. Retaining walls shall not be constructed of wood.

2. Any retaining wall that is visible from a public street or public open space shall have a decorative architectural treatment on the wall face.

3. A building permit is required for any retaining wall over 4 feet in height.

I. Electric Fences.

1. In residential districts that have a minimum lot area of at least 20,000 square feet, electrically charged fences shall be permitted if they are necessary to contain livestock. Any electrically charged fence shall be set back at least 20 feet from any lot line unless there is also a solid fence along the lot line.

2. In all other districts, no electrically charged fences shall be permitted.

J. Barbed or Razor Wire. Fences may be constructed with sharp-pointed materials, such as barbed or razor wire, only as follows:

1. In residential districts that have a minimum lot area of at least 20,000 square feet, fences may be constructed with barbed or razor wire if they are necessary to control livestock. Any fence that is constructed with barbed or razor wire shall be set back at least 20 feet from any lot line unless there is also a solid fence along the lot line.

2. In all other residential districts, and on sites that abut a residential district or are separated by a street from a residential district, no fences may be constructed with barbed or razor wire.

3. In industrial districts, fences may be constructed with barbed or razor wire if the wire is at least 6 feet above grade.

4. In commercial and special purpose districts, fences may be constructed with barbed or razor wire only upon approval of a use permit. Before granting the use permit, the planning commission shall find, based on substantial evidence, that the barbed or razor wire is necessary in order to provide adequate security for the site and there is no reasonable alternative.

K. Temporary Fences. Nothing in this chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the California Building Code and other applicable provisions of the Oroville Municipal Code.

L. Permits. Permits. Permits shall be obtained for the erection, construction, alteration and maintenance of fences as specified in the city building code and this code section. (Ord. 1749 § 4; Ord. 1763 §§ 4, 5; Ord. 1819 § 3, 2017; Ord. 1820 § 2, 2017 287
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Section 3: Environmental Determination.

The Council finds that the adoption and implementation of this Ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(3)
Section 4: Severability.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 5: Effective Date.

This ordinance shall take effect thirty (30) days after the date of its final adoption. The City Clerk shall certify to adoption thereof and cause its publication according to law.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Chuck Reynolds, Mayor
ATTEST: FORM APPROVED:
______________________________ ___________________________ Jackie Glover, Assistant City Clerk Scott E. Huber. City Attorney 288
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FENCES, WALLS AND SCREENING 17.12.020
SECTION 17-12.020 FENCES, WALLS AND SCREENING
Fences, walls and screening
A. Applicability. No fence shall hereafter be erected, constructed, altered or maintained except as provided by this section. The requirements of this section shall apply to all fences and walls in all districts, excluding the walls of any building, and shall apply regardless of the construction material used.

Figure 17.12.020-1: Sight Distance Area
Revision 4 - w/ PC Jan 27 Changes
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17.12.020 FENCES, WALLS AND SCREENING
Figure 17.12.020-5: Fence Opacity
C. Fence Height Measurement. Exceptions to the standards of this section may be granted by the Planning Commission if warranted for safeguarding the public health, safety and welfare. 290
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FENCES, WALLS AND SCREENING 17.12.020

1. The height of a fence at any point shall be measured from the base of the fence directly below that point. If a fence is constructed atop a retaining wall, the fence’s height shall be measured from the adjacent grade on the high side of wall If a retaining wall is combined with a fence or wall, the combined height may reach a maximum height of 11 feet above grade (7 foot maximum fence with a 4 foot maximum retaining wall) along the streetside and rear property lines without a building permit, as shown in Figure 17.12.020-2.

1. Historic Areas, Designated Landmarks, Museums, and Parks within the DHO. Fences that enclose parks and museums within the DH-O, designated landmarks, and other designated historic sites may be erected to a height in excess of 7 feet subject to design and material review by the Planning Commission acting as the Historic Advisory Commission. If the fence requires approval of the City Council, the Planning Commission’s action shall only be advisory.

E. Swimming Pools. Fencing shall be provided around all swimming pools, spas and similar areas, in accordance with the requirements of the city building code.

F. Nonresidential development. Any nonresidential development shall meet the following fencing requirements:

1. The site shall include a solid fence or decorative masonry wall along each property line abutting a residential district. The fence shall be between 6 and 7 feet tall

2. Where a street separates the site from a property that is in a residential district, the site shall include one of the following along the property line that faces the street:
a. A solid fence or decorative masonry wall, between 6 and 7 feet tall, that is located behind any required planting area, and that has a decorative architectural treatment on any side facing a street, parking lot or adjoining residential district; or
b. A planting area with evergreen landscaping that restricts visibility into the site.

The planting area shall be installed and maintained in accordance with Section

17.12.050.
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17.12.020 FENCES, WALLS AND SCREENING

3. Loading areas shall be fenced and screened as provided in Section 17.12.080.

4. Outdoor storage areas shall be fenced and screened as provided in Section 17.16.140.

5. A building permit is required for any fence over 7 feet in height.

G. Residential and Mixed-Use Development.

1. In all residential districts, the height of a fence or wall is shown in Table 17.12.020-1, unless authorized in compliance with the requirements of this subsection (G). See also Figure 17.12.020-3 for details on placement and heights of fences and walls.

FENCES, WALLS AND SCREENING 17.12.020
Figure 17.12.020-3: Fence Height and Placement

2. Fences, walls, or combination of fence and wall within the required front setback area for the underlying zoning district shall not exceed 42 inches. If the fence, wall, or combination of fence and wall is constructed outside of the required front setback area, or at the point equal to the building’s front façade, whichever is less, then the fence is allowed a maximum height of 7 feet.
a. For properties within the Downtown Historic Overlay (DH-O), the fence height shall not exceed 42 inches anywhere in the front yard. The front yard shall be the area from the front property line to the point equal to the building’s front façade. 293
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17.12.020 FENCES, WALLS AND SCREENING

Figure 17.12.020-4: Decorative Features

5. 6. All multiple family residential projects shall include a fence or decorative masonry wall along the rear and side property lines. The fence or decorative masonry wall shall be between 6 and 7 feet tall.
a. Development of a single project on more than one parcel shall require fencing or decorative masonry wall along the project perimeter side and rear property lines.

6. For mixed-use development, the site shall include a solid fence or decorative masonry wall along each side and rear property line abutting a residential district. The fence or decorative masonry wall shall be between 6 and 7 feet tall. a. Development of a single project on more than one parcel shall require fencing or decorative masonry wall along the project perimeter side and rear property lines. a.7. A building permit is required for any fence or wall over 7 feet in height.

H. Retaining Walls.

1. All retaining walls shall be constructed with split-face masonry, cast-in-place concrete, interlocking block or a similar material. Retaining walls shall not be constructed of wood.

2. Any retaining wall that is visible from a public street or public open space shall have a decorative architectural treatment on the wall face.

3. A building permit is required for any retaining wall over 4 feet in height. 294
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FENCES, WALLS AND SCREENING 17.12.020
I. Electric Fences.

1. In residential districts that have a minimum lot area of at least 20,000 square feet, electrically charged fences shall be permitted if they are necessary to contain livestock.

Any electrically charged fence shall be set back at least 20 feet from any lot line unless there is also a solid fence along the lot line.

2. In all other districts, no electrically charged fences shall be permitted.

J. Barbed or Razor Wire. Fences may be constructed with sharp-pointed materials, such as barbed or razor wire, only as follows:

1. In residential districts that have a minimum lot area of at least 20,000 square feet, fences may be constructed with barbed or razor wire if they are necessary to control livestock.

Any fence that is constructed with barbed or razor wire shall be set back at least 20 feet from any lot line unless there is also a solid fence along the lot line.

2. In all other residential districts, and on sites that abut a residential district or are separated by a street from a residential district, no fences may be constructed with barbed or razor wire.

3. In industrial districts, fences may be constructed with barbed or razor wire if the wire is at least 6 feet above grade.

4. Temporary Fences. Nothing in this chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the California Building Code and other applicable provisions of the Oroville Municipal Code.

K. Permits. Permits. Permits shall be obtained for the erection, construction, alteration and maintenance of fences as specified in the city building code and this code section. (Ord. 1749 § 4; Ord. 1763 §§ 4, 5; Ord. 1819 § 3, 2017; Ord. 1820 § 2, 2017) 295
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: PUBLIC HEARING 2022 COMMUNITY DEVELOPMENT BLOCK

GRANT APPLICATION
DATE: MAY 17, 2022

SUMMARY
The Council will conduct a public hearing to discuss the 2022 Community Development Block Grant (CDBG) Program funding, CDBG Program Income, and to solicit input and comments from the citizens of Oroville.

DISCUSSION
The State Department of Housing and Community Development (HCD) announced on April 19, 2022, that the 2022 Notice of Funding Availability (NOFA) was released with approximately $30 million in federal funds. CDBG funds are provided as grants to nonentitlement jurisdictions. The objectives of the CDBG program are to develop viable communities by the provision of decent affordable housing, suitable living environment, and to expand economic opportunities, principally for the benefit of low-and moderateincome (LMI) persons, families, households and neighborhoods. LMI is defined as neighborhoods, families, households and individuals whose income does not exceed 80 percent of the county median income. The most significant change to this NOFA cycle is:

The Department will not accept any new Community Development (CD) OTC capital improvement project applications for the 2022 funding round. As part of the CDBG Redesign, the Department implemented OTC applications for capital improvements Projects for Multi-family housing, infrastructure, and public facilities in the 2019-2020 NOFA. The solicitation was oversubscribed and, in response to stakeholder feedback, those applications that were not funded were placed on a waitlist. The Department will continue to fund down the existing waitlist of shovel-ready project through the 2022 program year.

Grants must meet one of the three national objectives:
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1. Benefit to low-to Moderate-income (LMI) persons

2. Slums and Blight on an area basis (SBA) or on a spot basis (SBS)

3. Urgent need. None will be accepted with this NOFA without prior Dept. approval The maximum total grant award for Community Development for each jurisdiction is $1.5 million. Program Income is not included in either the activity or jurisdiction award limits. Each jurisdiction will submit one application per activity. Each jurisdiction can submit up to three (3) applications. There are no Combo programs and each activity are a stand-alone with a discrete budget and scope of work. Each activity will have a stand-alone Standard Agreement.

Housing Activities
 A single-family Housing Rehabilitation Program 1-4 units- up to $500,000 (City not eligible due to 50% expenditure rule)
 Homeownership Assistance Program- up to $500,000 (City not eligible due to 50% expenditure rule)
Non-Housing Community Development Activities
 Public Services – up to $500,000 (neither Youth Services nor Domestic Violence Services are eligible due to 50% expenditure rule)
 Planning & Technical Assistance-up to $250,000
Economic Development Activities
Maximum total grant award limit is $1.5 million, including all activities except ED OTC, Colonias and Native American Set asides.

Competitive Applications
 Business Assistance and Micro-Enterprise Assistance -up to $750,000 OTC Applications
 Public Infrastructure In-Support of Businesses -up to $1.5 million Activities may include projects or programs related to the major categories listed previously. The City of Oroville may use unanticipated CDBG Program Income for supplementing potential activities that meet a National Objective through proposed current and pending general and economic development grants.

The State requires this public hearing process to provide citizens with an opportunity to make comments and ask questions regarding the availability of funding for potential grant activities. Discussions and information received from the public hearing will be 297
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taken into consideration when determining which grant activities should be pursued for a given fiscal year.

FISCAL IMPACT
none

RECOMMENDATION
Open the public hearing to discuss the 2020 Community Development Block Grant Program and solicit public input and comments.

ATTACHMENTS
None
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: TIME OF COUNCIL MEETINGS AND PUBLIC HEARINGS
DATE: MAY 17, 2022

SUMMARY
The Council will consider the time of Council meetings and beginning time for Public Hearings

DISCUSSION
The City of Oroville currently meets on the first and third Tuesday of each month. The Charter requires the City Council to meet at 8:00 pm on the first Tuesday in January after a General election. There is no other requirement for the time of the meetings. It is not uncommon for local government to conduct daytime meetings an example would be the Board of Supervisors meets on Tuesdays starting at 9:00 am.

It is the prerogative of the Council what time the meetings are conducted. The Council may set time of the meeting. This issue was previously discussed, from that discussion the Council set the time of Public Hearings to begin no sooner than 5:15 pm. This time can be changed or eliminated if the Council provides that direction.

FISCAL IMPACT:

None currently.

RECOMMENDATION:

Provide Staff Direction
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: REASSIGNMENT OF EXCLUSIVE ECONOMIC DEVELOPMENT
AGREEMENT WITH CMG PROJECT 1200, LLC
DATE: MAY 17, 2022

SUMMARY
The Council will consider the reassignment of the Master Disposition and Development Agreement with CMG Project 1200, LLC, for the development of the Gateway Project.

DISCUSSION
For several years, the Oroville Redevelopment Agency and City Council have sought to rejuvenate the area adjacent the Highway 70 Montgomery Street on/off-ramp, commonly referred to as the Gateway site. At the April 6, 2021, meeting of the Oroville City Council a presentation from Mark Mendez was heard by the Council. Council directed staff to continue to work with Mendez and return to Council with a completed agreement for the Council to review and potentially approve.

In June of 2012, the City of Oroville and Snyder Commercial Real Estate, LLC entered into a two-phased development agreement for the Gateway site. Unfortunately, due to economic down turns and other project impediments the agreement was never acted upon. To reassign the original agreement, it was necessary to entered into an agreement for payment of $10,000 with Synder Commercial Real Estate, LLC. This development project includes the following properties and parties.

1. Site and Parcel details
a. APN: 012-060-001, APN: 012-060-002
APN: 035-290-039, APN: 035-290-003

2. Parties to the Agreement
a. Developer – CMG Project 1200 LLC
b. City – City of Oroville
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3. Disposition of the Sites
City agrees to sell, and the developer to purchase for development, the Site for a nominal amount. However, the Site will be assessed for property tax purposes as the value which is established by the Butte County Assessor’s Office.

The City has communicated to the Developer the desire for the Gateway project to include a high-quality hotel, several restaurant pads, along with a mix of commercial and retail space. This private-public partnership typifies the method by which future capital investments will deliver long-term infrastructure assets and related services for our community.

If the reassignment of this agreement is granted by Council, staff will return at the next Council meeting with mutually agreed upon amendments to make the agreement financially feasible for both parties.

FISCAL IMPACT
None at this time

RECOMMENDATIONS
Adopt Resolution No. 9045 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT TO

REASSIGN DEVELOPMENT AGREEMENT WITH SNYDER COMMERCIAL REAL ESTATE FOR THE DEVELOPMENT OF THE GATEWAY PROJECT TO CMG Project 1200, LLC – (Agreement No. 2070-1).

ATTACHMENTS
Resolution No. 9045
Agreement No. 2070
Agreement Amendment No. 1
Certificate of Status
Gateway Property Map
Gateway Property Proposed Map
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CITY OF OROVILLE
RESOLUTION NO. 7931

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A MASTER DISPOSITION AND

DEVELOPMENT AGREEMENT WITH SNYDER COMMERCIAL REAL ESTATE FOR

THE DEVELOPMENT OF THE GATEWAY PROJECT
(Agreement No. 2070)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a Master Disposition and Development Agreement with Snyder Commercial Real Estate, LLC, for the development of the Gateway Project. A copy of the Agreement is attached to this Resolution.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on June 5, 2012 by the following vote:

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

APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney G. Harold Duffey,
City Clerk
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ASSIGNMENT OF THE MASTER DISPOSITION AND DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF OROVILLE AND
SNYDER COMMERICAL REAL ESTATE, INC TO CMG PROJECT 1200, LLC (Agreement No. 2070-1)
This Assignment, dated May 17, 2022, is to the Master Disposition and Development Agreement between the City of Oroville (“City”) and Snyder Commercial Real Estate, Inc. to CMG Project 1200, LLC.

For good and valuable consideration, which the Parties hereby acknowledge, the Master Disposition and Development Agreement between the City and Snyer Commercial Real Estate, Inc. is hereby assigned to CMG Project 1200, LLC. In exchange for this Assignment of the Agreement, the City shall pay $10,000 to Snyer Commercial Real Estate, Inc. as reimbursement for some of its advertising and marketing expenses related to the Master Disposition and Development Agreement.

Further, in consideration of the terms and conditions herein, the Parties agree as follows:

1. SECTION 105 IS REPLACED WITH THE FOLLOWING:
105 Developer
The Developer shall be CMG Project 1200, LLC., a California Corporation. The principal office of the Developer is located at 2450 Oro Dam Blvd., Suite A, Oroville Ca 95966. Wherever the term “Developer” is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided.

Correspondence shall be mailed to:

CMG Project 1200 LLC.
2400 Oro Dam Blvd., Suite A
Oroville Ca 95966

3. Conflicts between this Amended Agreement and Agreement No. 2070 shall be controlled by this Amendment. All other provisions within Agreement No. 2070 shall remain in full force and effect.

This Assignment of Agreement 2070 is approved by the City Council of the City of Oroville at a regular meeting held on May 17, 2022.

By: By:

Chuck Reynolds, Mayor Mark Mendez
City of Oroville CMG Project 1200, LLC
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By:

Jon Snyder
Snyder Commercial Real Estate, Inc.

APPROVED AS TO FORM:

By:

Scott E. Huber, City Attorney
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Secretary of State
Certificate of Status
Entity Name:

Entity No.:

Entity Type:

Registration Date:

CMG PROJECT 1200 LLC
07/09/2021
202119410340
Limited Liability Company - CA
Formed In:

Status:

I, SHIRLEY N. WEBER, PH.D., California Secretary of State, hereby certify:

CALIFORNIA
Active
The above referenced entity is active on the Secretary of State's records and is authorized to exercise all its powers, rights and privileges in California.

This certificate relates to the status of the entity on the Secretary of State’s records as of the date of this certificate and does not reflect documents that are pending review or other events that may impact status.

No information is available from this office regarding the financial condition, status of licenses, if any, business activities or practices of the entity.

IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of May 05, 2022.

SHIRLEY N. WEBER, PH.D.

Secretary of State
Certificate No.:

To verify the issuance of this Certificate, use the Certificate No. above with the Secretary of State Certification Verification Search available at bizfileOnline.sos.ca.gov. 009332224
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drawn by
checked
date JOB NUMBER SHEET NO.

David G. Anderson, Architect
41 Butte Woods Drive, Oroville, CA 95966
Phone: (530) 693-4546, Cell (530) 520-0211, E-mail: [email protected] 109
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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
April 2022

BUILDING
 Permits Issued – 100
 Applications Received – 85
 Total Permits Finalized – 49
 Business Licenses/Occupancies Issued – 11 (10 new business/ 1 owner change)  Permit violations $1,190.00

CODE ENFORCEMENT
April 1, 2022 – April 30, 2022

CODE ENFORCEMENT ACTIVITIES
Total Active Code Enforcement Cases 304
Cases Closed 204
New Cases Opened 231

NEW CODE ENFORCEMENT CASES/ CASE DESIGNATIONS
Abandoned Vehicle Abatement 38
Building Code Violation(s) 15
Graffiti 0
Multi-Family 0
Public Nuisance(s) 50
Sub-Standard Housing 2
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2 Weed Abatement Notices 127
Stop Work Notices Issued 12
New Vacant Building Monitoring 0
 April 2022: The Code Enforcement team attended two training sessions this month, Automotive Repair in Your Municipality and Active Violence Emergency Response Training for Code Officers Student Certification Course. Automotive Repair Class provided instruction on how to investigate unlicensed auto mechanics, catalytic converter theft, and illegal auto dismantler businesses. The Active Violence Emergency Response Training for Code Officers Student Certification Course provided instruction Recognize warning signs using situational awareness, deciding whether to Escape, Evade or Attack, apply critical bleeding control techniques, respond quickly and confidently in an emergency and how to Develop an Emergency Action Plan (EAP).
 Staff investigated 1455 potential fire hazard properties as part of the fire safe season. Legal Notice was also posted in the paper on two separate occasions, posted on the city website, and city Facebook page.
 Staff continues to issue Stop Work Notices and issued 12 stop work notices to subjects executing construction without a permit.
 Additionally, staff continues to grow as we have two new Code Enforcement Technicians coming on in May 2022.

PLANNING
 The Housing Element is submitted for a preliminary review prior to public review of the document. HCD is commonly allowing deadline extensions past June of 2022;  Supported the April Development Review Committee (DRC) meeting and April Planning Commission meetings. Projects reviewed included the fence ordinance that Council returned to the Planning Commission for further review, and the potential new award for exemplary historic preservation.
 Currently reviewing or completed review of 16 active planning and building permit applications including sign, zoning compliance, solar, re-zonings and use permits.  Reviewing or completed reviewing of 13 separate event, home 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;  Reviewing a pre-application for a 5.14-acre mixed use condominium subdivision along Dry Creek fronting Lincoln and Mitchell – 211 residential units and 106,073 square feet of commercial space. Much discussion remains and likely modifications to the project.  The Southside Revitalization Advisory Group had its third meeting on April 27, and identified volunteers for neighborhood outreach. Staff is investigating the feasibility of a new façade loan or grant program, especially for businesses. The next meetings are to be scheduled in May.
 Draft Blight windshield survey in South Oroville complete, staff is reviewing its recommendations. 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).
 Council approved the Massage and Bingo ordinances on May 3. 352
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3  In process—Zoning code updates for fences, ADU’s, street vendors, massage establishments, small lot development standards, and Bingo games.  Placeworks, the General Plan consultant for VMT incorporation into Circulation Element will begin work in May.
 Free Greenhouse Gas emissions inventory update, courtesy of the Sierra Business Council and PG&E, is underway.
 Ongoing discussions with several potential residential, commercial, and industrial prospects as part of the city’s ongoing economic development efforts.

PARKS & TREES DEPARTMENT
The following is a list of things we are working on or accomplished in April 2022:
 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  Trimming small and medium sized trees for site clearances  Continued watering street trees with the City water truck  Continued working weekends, cleaning, and working events in the Parks  Open and close museums on a regular basis
 Install numerous street, regulatory, and warning signs  Spray herbicides in various areas around the City including roadsides and airport  Grinded stumps in various locations
 Mowed on a regular basis
 Ran street sweeper on a regular basis
 Spent 60 crew hours cleaning and repairing graffitied and vandalized areas throughout the parks and other facilities
 Filled over 135 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 Pomona Ave, and on Lincoln at Montgomery St  Continued cleaning and putting base rock in alleys
 Continued running through numerous irrigation systems and making repairs  Flail mowed at Hewitt Park, Bedrock Park, and the airport  Started painting street markings and legends
 Replaced a section of guardrail on Feather River Blvd  Clean up broken limbs and trees due to high winds and storm  Trim trees and lay base rock along Oro Bangor Hwy
 Patched with asphalt on Pomona Ave
*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.
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Item i.
4 BUSINESS ASSISTANCE & HOUSING DEVELOPMENT DEPARTMENT
 Credit Reporting Maintenance (ongoing)
 Loan Portfolio Monitoring (ongoing)
a. Payoffs received fiscal year 21/22 in the amount of $ 1,765,026.89 b. Current balance of the loan portfolio is $37,456.554. c. 1891 Gray St. Foreclosure is on hold, propertyis in escrow to be sold and our loan will be paid.
 Housing Element Update-Submitted to the State for review.  Veteran’s Housing Development Corporation project
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. Working through details and rehab plan changes.
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 oneyear construction period until completion.  CDBG DR-MHP -Phase 1 of Lincoln Street Apartments was entered into the grant portal 4/5. Working with the State and the consultant to complete outstanding issues.  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.
o Staff is in the process of submitting a grant amendment to move the funding from the Utility Assistance Program to the Wyandotte Ave project.

CITY CLERK
 Processed 12 records request during April 2022
o 28 Open Requests
o 63 Public Records Request January 1, 2022 – April 30, 2022  Agenda Management, Clerking, and meeting management 6 Meetings for April 2022 o processing for 24 meetings through April 30, 2022.
 Upcoming Meetings:
o Council Meeting – June 7 and 21
o Planning Commission – May 26
o Wyandotte Creek GSA –May 26
o Arts and Parks Commission – June 14
o SBF Steering Committee – July 27
o Citizens Oversight Committee – May 24
 Records Management for Council approved documents
 Monthly meeting room setup for LAFCO, OCESD and Chamber of Commerce  Records Management for Planning Commission
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Item i.
5  Received and Processed City Claims
 Processed Form 700’s for 87200 filers and other various staff  Continue to work on the City Hall Scanning Project
 Notarized and recorded documents and maps for various departments  Assisted Departments with Record Searching and retrieval  Assisted departments with creation of Staff Reports, Resolutions and Ordinances  Trained staff on use of agenda management program
 Working on Election Duties for November Election
 Continue to complete other day to day duties of the Clerks Department

FINANCE DEPARTMENT
 Administering employee evaluations
 Software deployment
o Payroll Software, UKG Ready
o Financial Software, Tyler Technologies
o ClearGov Transparency software
 Digital Budget Book
 Operational Budgeting
 Transparency Portal
 Policy updating
o Split the Budget and Purchasing Policy into two separate policies o Create a Sewer Fees policy
 Project to clean up and close the Deposits Payable Agency Fund  New reporting requirements for the Local Fiscal Recovery Funds-completed  Develop a new cost allocation for the new budget year  Budget for 2022 23 year
 Look into administration for
o Utility User Tax
o Transient Occupancy Tax
o Business Licenses
 Updating the Master Fee Schedule
 Opening a new Investment Managed Account with Chandler Asset Mgmt

HUMAN RESOURCES
 No report provided

RDA/REAL ESTATE DIVISION
 Working on items related to the Gateway Project escrow.

RECYCLING PROGRAM
 Working with Jennifer Arbuckle Consulting Services to write procedures. 355
Item i.
6 AIRPORT DIVISION
 Continued forward progress on Runway 2-20 and Associated Taxiways crack seal project
 Provided information for potential ground lease transfer for hangar off of Chuck Yeager Way
 Worked with Central Walley Regional Water Quality Control Board and APEX Environmental for preparation of further excavation of 2019 jet crash site for evaluation of “Per and Polyfluorinated ALKL Substances (PEAS) Post Excavation Sampling”  Weed abatement - ongoing
 Fuel testing / tank sumping
 Received 8,000 gallon load of AVGas, tested fuel and adjusted pricing  Repaired static grounding reel that was damaged by pilot misuse (again)  Located, excavated and buried abandoned septic tank in east field of airport. Tank was abandoned several decades ago and did not contain sewage at time of excavation.

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.
• Working with the state to get the Next Generation 911 gear installed at the Police Dept. • Assisting with the City-wide document scanning project. • Working on the Laserfiche public portal configuration.

GEOGRAPHIC INFORMATION SERVICES
 Consulting with California Spatial Solutions for GIS Services

PUBLIC WORKS DEPARTMENT
Sewer Division
 Sewer pump station functional tests Mondays, Wednesdays and Fridays  Monthly electrical generator and alarm system functional tests  Monthly and quarterly “hot spot” sewer line cleaning
 USANorth utility locates daily
 Ongoing condition assessment via sewer line cleaning and CCTV inspections  Replace stationary generator at Olive Glen pump station with new T4F unit. Installed all new wiring and conduit associated thereto.
 Portable G125 generator to Chico for DEF sensor replacement  Obtain figures for budget request items
 R&R pump #2 at Orangewood pump station to remove debris from impeller 356
Item i.
7 Electrical
 Traffic signal maintenance and functional checks
 Street light inspections once per week during night hours / repairs to reported problems  Airport lighting maintenance and repairs
 Replaced damaged traffic signal control cabinet Oro Quincy x Oro Dam  Completed installation and calibration of Corp. yard gate loop detectors  Assist contractors at OPD / Fire on solar disconnect / removal and repaired malfunctioning gate
 Repaired outlets at Convention Center due to overloading in exercise room Fleet Maintenance Division
auto /
light
truck
heavy
equip.
trucks
1-ton
plus
small
equip.
misc.
repair TOTAL
POLICE 15 15
FIRE 2 4 6
PW 1 4 2 7
PARK 2 3 1 1 7
SEWER 4 1 5
BLDG.

HOUSING
ADM

ENGINEERING

PLANNING

CODE ENFORCEMENT

AIRPORT

INFORMATION

TECHNOLOGY
TOTAL 19 1 15 1 4 40
40 APRIL 2022 SUMMARY BY DEPARTMENTS
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Item i.
8 ENGINEERING
Project or Activity Recent Activity Next Milestone
NorthStar PSA Prepared six new TO Council Approval
Encroachment Permits 24 issued
SC-OR Ruddy Crk L.S. Review of 90% plans County Permits Wyandotte Creek GSA Monthly Meeting
Ruddy Creek Sub Review of Phase 1 plans Resubmittal
Development Review Comm Monthly Meeting
Pavement Rehab 2022 TO for NorthStar Topo Surveying Beginning Mono Ave Apts LLA Recorded None
Olive Grove III Waiver of Parcel Map Recorded
Olive Grove Frontage Imp Traf Control Plan Approved Construction underway 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
producing PS&E.

Dutch Bro’s. Plan Submittal Plan Review
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
Staff provided Developer with
a draft punch list. Response from Developer.

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
Construction is underway.

Olive Ranch Apartments
Phase III Plan Review
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 Review of Plans and E.P. Plans and E.P. ready for approval
Elgin & Fort Wayne
Topography and Drainage
(South Oroville Drainage)
Staff has issued a T.O. to
Gilbert Engineering Wait of Topographic Survey
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Item i.
9 Project or Activity Recent Activity Next Milestone
Tractor Supply TSM Approved by Planning Comm
5 th Avenue Traffic Study Petition Received from
Citizen Conduct Study
Pomona Traffic Study Petition Received from
Citizen Conduct Study/
Hampton Inn SWPPP Violation Corrected by Developer.

PUBLIC SAFETY
Police Activity:

 Calls for Service 2,979
 Officer Initiated Incidents 810
o Total Incidents 3,789
o Total Reports 382
o Total Arrests 139
o Total Citations 137
Fire Activity:
 EMS Calls 301
 Traffic Accidents 16
 Fires 22
 Other 110
o Total 449
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Oroville City CouncilMay 17, 2022

Oroville City Council
May 17, 2022