Oroville City Council
October 18, 2022

October 18, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
October 18, 2022

REGULAR MEETING
OPEN SESSION 4:30 PM
AGENDA

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

To View the Meeting:

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

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

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

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

2. Attend the meeting in person.

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

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

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

CALL TO ORDER / ROLL CALL
Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds

OPEN SESSION

1. Pledge of Allegiance

2. Adoption of Agenda
1 October 18, 2022~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6

PRESENTATIONS AND PROCLAMATIONS

1. YMCA Update of Operations at New Location
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

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

1. APPROVAL OF THE MINUTES
The Council may approve the minutes of October 4, 2022.

RECOMMENATION
Approve the minutes of October 4, 2022.

2. REQUEST TO WAIVE ADMISSION FEE FOR VARIOUS PROMOTIONAL EVENTS HELD AT

THE OROVILLE MUSEUMS
The Council may consider a request to waive the admission fees for various promotional events to be held at The C.F. Lott Home, The Pioneer Museum, The Chinese Temple & Museum Complex, The Bolt’s Antique Tool Museum, and The Feather River Nature Center to be hosted by the Oroville Docents

RECOMMENDATION
Provide direction, as necessary.

3. DONATION TO THE CHINESE TEMPLE
The City Council may acknowledge the receipt of a donation to the Oroville Chinese Temple.

RECOMMENDATION
Acknowledge receipt and acceptance of donations to the Oroville Chinese Temple.

4. NETWORK SWITCH UPGRADE
The Council may consider purchasing new network switches in the amount of $39,678.51.

RECOMMENDATION
Authorize staff to purchase all needed network switches in the amount of $39,678.51. 2 October 18, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6

5. AUTHORIZE AN AGREEMENT BETWEEN THE CITY OF OROVILLE AND R.L. HASTINGS

AND ASSOCIATES FOR NEPA PREPARATION, LABOR STANDARDS MONITORING AND SECTION 3 COMPLIANCE FOR OROVILLE CONVENTION CENTER
The City Council will consider approving the selection of R.L. Hastings and Associates to prepare the Oroville Convention Center Improvement Project National Environmental Policy Act (NEPA) and conduct Federal and State labor standards monitoring for a period of two (2) years.

RECOMMENDATION
Approve the selection of R. L Hastings & Associates and authorize the mayor to sign the contract for services for the preparation of NEPA, Labor Standards Monitoring and Section 3 compliance.

Adopt Resolution No. 9103 – A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH R. L.

HASTINGS AND ASSOCIATES FOR THE NEPA PREPARATION, LABOR STANDARDS MONITORING AND SECTION 3 COMPLIANCE FOR OROVILLE CONVENTION CENTER (OCC) IMPROVEMENTS.

6. PROFESSIONAL SERVICES AGREEMENT WITH BRANDLEY ENGINEERING SERVICES AND CONSTRUCTION MANAGEMENT FOR CRACK SEAL PROJECT RUNWAY 2-20 AND

ASSOCIATED TAXIWAYS
The Council is requested to approve a professional services agreement with Brandley Engineering Services for engineering services and construction management during the construction of the crack seal project of runway 2-20 and associated taxiways at Oroville Municipal Airport.

RECOMMENDATION
Approve the professional services agreement between the City of Oroville and Brandley Engineering Services for engineering services and construction management during the construction of the crack seal project of runway 2-20 and associated taxiways at Oroville Municipal Airport.

REGULAR BUSINESS

7. SANK PARK PERIMETER FENCE OPTIONS FOR CONSIDERATION FOLLOWING

RECEIPT OF BIDS
The City Council may review and consider two bids received following the publishing of a Request for Proposal (RFP) to fabricate and erect a fence and gates around the perimeter of Sank Park.

RECOMMENDATION
Select one of the following, or a combination:

Select Bid “A” and approve a budget adjustment of $91,436.81 that includes a 10% contingency and authorize City Administrator to execute a Construction Agreement.

Select Bid “B” and approve a budget adjustment of $445,192.50 that includes a 10% contingency and authorize City Administrator to execute a Construction Agreement.

Or provide another recommendation to staff.
3 October 18, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6

8. FINANCIAL ANALYSIS FOR FISCAL YEAR ENDED JUNE 30, 2022 The Council may receive annual unaudited financial information for the year ended June 30, 2022.

RECOMMENDATION
Staff recommends for the Council to consider allocating fund balance as follows:
$2,193,503 to pay off the American River Bank – Solar and Energy project. Balance to go to Fund Balance

PUBLIC HEARINGS
The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing and staff will present the item and answer Council questions.
- The hearing is opened for public comment limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit request 24 hours before the meeting.
- Individuals may email comments for council consideration to [email protected]

9. CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT 17-CDBG-12014 AND 20- CDBG-CV-2-3-00113
The Council will conduct a public hearing relating to the performance and the final accomplishments of Community Development Block Grant (CDBG) No. 17-CDBG-12014 and 20-CDBG-CV-2-3-00100.

RECOMMENDATION
Adopt Resolution No. 9102 - Authorizing the closeout of Community Development Block Grant 17-CDBG-12014 which expired July 31, 2022.

Adopt Resolution No. 9101- Authorizing the closeout of Community Development Block grant 20-CDBG-CV-2-3-00113.
4 October 18, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6

10. ZC22-04: STANDARDS FOR DEVELOPMENT OF NON-CONFORMING LOTS IN SOUTH

OROVILLE
The City Council may consider approving amendments to Oroville Municipal Code Section 17.28.020 (“Development Standards for residential districts”) in order to support development of existing sub-standard lots in South Oroville. The Planning Commission has recommended approval of the amendments on a 5-0 vote at its meeting of August 25, 2022.

RECOMMENDATION
The Planning Commission and Staff recommend the following actions:

1. Certify the Notice of Exemption

2. Conduct a public hearing and approve Zoning Change ZC 22-04

3. Adopt Resolution No. 9105 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CODE AMENDMENT ZC 22-04 REGARDING

DEVELOPMENT STANDARDS FOR NON-CONFORMING LOTS IN SOUTH OROVILLE

4. Waive first reading and introduce by title only Ordinance no. 1870 -- AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING MUNICIPAL CODE SECTION 17.28.020

11. ZC22-05: AMENDMENT OF OROVILLE MUNICIPAL CODE SECTION 17.48.100 (“SUBSTANDARD LOTS”)
The City Council may consider amending Municipal Code Section 17.48.100 (“Substandard Lots”) in order to eliminate unenforceable provisions which require lot line adjustments or lot mergers as a prerequisite to development of substandard lots. The Planning Commission has recommended approval, and no issues have been identified.

RECOMMENDATION
The Planning Commission and Staff recommend the following actions:

1. Conduct a Public Hearing; and

2. Adopt the recommended Categorical Exemption; and

3. Adopt Resolution No. 9104 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CODE AMENDMENT ZC 22-05 REGARDING AMENDMENT OF OROVILLE MUNCIPAL CODE SECTION 17.48.100; and

4. Waive first reading and introduce by title only Ordinance no. 1869 -- AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING MUNICIPAL CODE SECTION 17.48.100
5 October 18, 2022~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports

4. Correspondence
i. Haven of Hope on Wheels Biannual Report
ii. Police Department Monthly Report for September 2022 iii. FERC Correspondence
iv. CPUC Notices regarding PG&E
v. Pioneer Union Elementary School District Notice

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on November 1, 2022 at 4:00 p.m.

Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6 October 04, 2022~4:00 PM Oroville City Council Meeting Minutes Page 1 of 4

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
October 04, 2022

MINUTES
This agenda was posted September 30, 2022 at 2:40pm. This meeting was recorded and may be viewed at cityoforoville.org or on YouTube.

CALL TO ORDER / ROLL CALL
Mayor Reynolds called the meeting to order at 4pm.

PRESENT: Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
STAFF: Interim City Administrator Tom Lando, Assistant City Clerk Jackie Glover, Business Assistance and Housing Development Director Amy Bergstrand, City Attorney Scott Huber, Code Enforcement Director Ron Belser, Assistant City Administrator Ruth Wright, Assistant Community Development Director Ruth Duncan, City Treasurer Karolyn Fairbanks.

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

1. Pursuant to Government Code section 54957.6, the Council met with Labor Negotiators and City Attorney to discuss labor negotiations for the following represented groups: Oroville Police Officers Association, Oroville Management and Confidential Association

2. Pursuant to Government Code Section 54957(b), the Council met with the City Administrator and the Personnel Officer related to the following positions: Police Chief

OPEN SESSION

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

2. Pledge of Allegiance – Led by Mayor Reynolds

3. Adoption of Agenda – Motion by Council Member Goodson and second by Council Member Riggs to adopt the agenda. Motion passed.

AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
- Don Blake
7 Item 1.

October 04, 2022~4:00 PM Oroville City Council Meeting Minutes Page 2 of 4 - Brandon Theodore
- Bill Speer
The following individuals spoke on agenda items:
- Bill Speer – Items 3, 8
- Dorinda Scofield – Item 8

CONSENT CALENDAR
Motion by Council Member Riggs and second by Council Member Goodson to approve the consent calendar items 1-2 and 4-7. Motion passed.

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

1. APPROVAL OF THE MINUTES
The City Council approved the minutes of August 16, 2022, September 9, 2022 and September 20, 2022.

2. FAA GRANT ACCEPTANCE FOR AIRPORT IMPROVEMENT PROGRAM (AIP) PROJECT NO. 3-06-0178-027-2022 AT OROVILLE MUNICIPAL AIRPORT AND STATE DEPARTMENT

OF TRANSPORTATION AIP MATCHING GRANT
The Council may considered accepting a $511,101 AIP Grant offer from the Federal Aviation Administration (FAA) for the Oroville Municipal Airport and a State Department of Transportation AIP Matching grant in the amount of $25,555; and Adopted Resolution 9099 – A

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

APPROVING THE ACCEPTANCE OF FEDERAL AVIATION ADMINISTRATION GRANT OFFER FOR AIRPORT IMPROVEMENT PROGRAM PROJECT NO. 3-06-0178-027-2022 AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE GRANT AGREEMENT; and Adopted Resolution 9100 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA AUTHORIZING THE SUBMITTAL OF AN APPLICATION,

ACCEPTANCE OF AN ALLOCATION OF FUNDS AND EXECUTION OF A GRANT

AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, FOR AN

AIRPORT IMPROVEMENT PROGRAM (AIP) MATCHING GRANT

4. SURCHARGE ON PURCHASE OF VACTOR 2100 TRUCK FOR THE SEWER DIVISION The Council approved the Heavy-Duty pricing surcharge and Vactor Materials surcharge, for (1) Vactor 2100 truck for the Sewer Division in the amount of $8,500.

5. PUBLIC SAFETY REPLACEMENT OF DAMAGED AND DESTROYED OFFICE FURNITURE The Council considered the purchase of additional office furniture for the Oroville Public Safety facility that was damaged and destroyed and authorized and directed staff to execute a onetime purchase from National Business Furniture for the purchase of workstations in the amount of $12,492.26. CMAS Contract #4-20-71-00970.

6. CAPITAL ASSET REPLACEMENTS FOR FISCAL YEAR 2022-23
The City Council reviewed the requested capital asset purchases for fiscal year 2022-23. 8 Item 1.

October 04, 2022~4:00 PM Oroville City Council Meeting Minutes Page 3 of 4

7. DONATION OF SURPLUS EQUIPMENT
The Council declared 5 file cabinets as surplus and authorized staff to donate them to the Oroville Community Concert Band.

3. REPAIRS TO THE UPLIFTED SIDEWALK IN DOWNTOWN OROVILLE AREA BY

PRECISION CONCRETE
Council received information regarding the completion of repairs to the uplifted sidewalks areas in the downtown Oroville location with Precision Concrete as identified in their Zone 1, Phase 2 & 3 Assessment, and Zones 2 for a $400,000.00 as budgeted in the 22-23 Fiscal Year.

Motion by Council Member Smith and second by Council Member Riggs to approve item 3.

Motion passed.

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

REGULAR BUSINESS

8. SANK PARK PERIMETER FENCE OPTIONS FOR CONSIDERATION FOLLOWING

RECEIPT OF BIDS
The City Council reviewed and considered two bids received following the publishing of a Request for Proposal (RFP) to fabricate and erect a fence and gates around the perimeter of Sank Park.

Council requested staff to return with a presentation with more information.

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Thomson – Went to the Thermalito Family Center was excited about the completion, Motioned the amazing work of Code Enforcement and spoke about how wonderful Salmon Festival was.
b. Pittman – Spoke about the Thermalito Family Center, asked the Attorney read a section of the municipal code read related to political activities to the public. c. Riggs – Downtown Oroville First Friday Scarecrow Contest this week, November is a wine walk.
d. Smith – Thanked everyone who helped at the Salmon Festival, estimated approximately 10,000 people attended.
e. Reynolds – Spoke about the young individuals that put the car show together and the success of the Salmon Festival.
f. Goodson – Spoke about code enforcement, exchange club candidates forum October 6th 6-8pm at the State Theatre.

2. Future Agenda Items – City Hall Bathrooms and Carpet

3. Administration Reports
a. Lando – spoke about upcoming legislation related to local control at the State level b. Huber – spoke about a summary of bills that affect public agencies memo will be coming as soon as the signing of bills is done.
c. Nevers – Spoke about the Oak Tree Ordinance progress, city hall roof repair progress
9 Item 1.

October 04, 2022~4:00 PM Oroville City Council Meeting Minutes Page 4 of 4 d. Duncan – Mentioned the year end financials for next agenda, spoke about capital assets, capital projects list coming soon.
e. Belser - Mentioned that he has 3 of 4 vehicles on the road now; Down a few employees, employees moved to Police; Housing Navigator is busy and is doing an excellent job; spoke about city works and a MOU with FRRPD to light up bedrock park and the levee.

ADJOURN THE MEETING
Mayor Reynolds Adjourned the meeting at 5:48pm.

APPROVED: ATTESTED:
____________________________________ _________________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 10 Item 1.

COMMUNITY DEVELOPMENT 10.18.2022

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT

DEPARTMENT, AND HEATHER MCCAFFERTY, CULTURAL

FACILTIES CURATOR
RE: REQUEST TO WAIVE ADMISSION FEE FOR VARIOUS PROMOTIONAL

EVENTS HELD AT THE OROVILLE MUSEUMS
DATE: OCOTBER 18, 2022

SUMMARY
The Council may consider a request to waive the admission fees for various promotional events to be held at The C.F. Lott Home, The Pioneer Museum, The Chinese Temple & Museum Complex, The Bolt’s Antique Tool Museum, and The Feather River Nature Center to be hosted by the Oroville Docents.

DISCUSSION
There are several upcoming community events scheduled to take place at the City’s museums that will benefit the public and the museums. The following upcoming events will be hosted by the Docents Association:
 October 29, 2022 Family Trick or Treating @ Oroville City Museums  December 3, 2022 Pioneer Christmas, Old Fashioned Christmas Celebration  January 22, 2023
 Feb. 25 & 26, 2023
Chinese New Year at the Chinese Temple
Museum Weekend
At this time, staff is requesting the Council to consider waiving the general admission fee of $3.00 for the listed 2022 events and $4.00 fee for the listed 2023 events.

FISCAL IMPACT
Fees for adult admission to the museums for 2022 are $3 and children under 12 are free.

New Event - Trick or Treat at the Museums: This will be out first time doing this event.

We expect approx. one hundred adults to bring their children to each of the 5 city museums to get candy. If half of the adults enter the museum, there would be 50 waived adult admission fees for each of the five museums, totaling 250 waived adult fees for this event.)
Trick or Treat at the Museums – approx. 250 visitors (adult) Pioneer Christmas – approximately 100 visitors (adult)
Total = 350 visitors x $3 admission fee = $1,050
11 Item 2.

COMMUNITY DEVELOPMENT 10.18.2022
Fees for adult admission to the museums will be $4 beginning in 2023.

Chinese New Year – approximately 400 visitors (adult)
Museum Weekend – approximately 750 visitors (adult)
Total adult admissions = 1150 visitors x $4 = $4,600
The waiver of the admission fee of $3.00 for the listed 2022 events will result in an approximate loss of $1,050 for the museums. The waiver of the admission fee of $4.00 for the listed 2023 events will result in an approximate loss of $4,600 in revenue for the museums.

RECOMMENDATION Provide direction, as necessary.
12 Item 2.
13 Item 3.
14 Item 3.
15 Item 3.
16 Item 3.
17 Item 3.
18 Item 3.
19 Item 3.
20 Item 3.
21 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: TYSON PARDEE, MANAGER

INFORMATION TECHNOLOGY DIVISION
RE: NETWORK SWITCH UPGRADE
DATE: OCTOBER 18, 2022

SUMMARY
The Council may consider purchasing new network switches in the amount of $39,678.51.

DISCUSSION
The network switches that connect all the client computers and peripherals at the public safety facility are aging and in need of an upgrade. This is a normal device refresh that happens every 5 years.

FISCAL IMPACT
Funding is available in the City’s Technology Fee Fund. Cash balance is over $300,000.00.

RECOMMENDATION
Authorize staff to purchase all needed network switches in the amount of $39,678.51.

ATTACHMENTS
Dell Quote.pdf
22 Item 4.

A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.

To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.

Quote No. 3000130884001.3
Total $39,678.51
Customer # 54457014
Quoted On Oct. 11, 2022
Expires by Nov. 10, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Solution ID 16684273.3
Sales Rep Bobby Mock
Phone (800) 456-3355, 6179933
Email [email protected]
Billing To ACCOUNTS PAYABLE

CITY OF OROVILLE
1735 MONTGOMERY ST
OROVILLE, CA 95965-4820
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you are ready to place an order. Thank you for shopping with Dell! Regards, Bobby Mock
Shipping Group
Shipping To

RECEVING DEPT

CITY OF OROVILLE
1735 MONTGOMERY ST
OROVILLE, CA 95965-4820
(530) 538-2401
Shipping Method
Standard Delivery
Install At

TYSON PARDEE

CITY OF OROVILLE
2055 LINCOLN ST
OROVILLE, CA 95966-5325
(530) 538-2493
Solution Name:

Networking
Product Unit Price Quantity Subtotal
PowerSwitch N3248P-ON [SW 1] $13,472.69 1 $13,472.69
PowerSwitch N3248P-ON [SW 2&3] $12,292.41 2 $24,584.82

23 Item 4.

Subtotal:

Shipping:

Environmental Fee:

Non-Taxable Amount:

Taxable Amount:

Estimated Tax:

Total:
$38,057.51
$0.00
$0.00
$18,409.09
$19,648.42
$1,621.00
$39,678.51

24 Item 4.

Shipping Group Details
Shipping To

RECEVING DEPT

CITY OF OROVILLE
1735 MONTGOMERY ST
OROVILLE, CA 95965-4820
(530) 538-2401
Shipping Method
Standard Delivery
Install At

TYSON PARDEE

CITY OF OROVILLE
2055 LINCOLN ST
OROVILLE, CA 95966-5325
(530) 538-2493
Solution Name:

Networking
Quantity Subtotal
PowerSwitch N3248P-ON [SW 1]
Estimated delivery if purchased today:

May. 31, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$13,472.69 1 $13,472.69
Description SKU Unit Price Quantity Subtotal
N3248P-ON, 48x1G, 4x10G SFP+, 2x100G QSFP28, PoE 30W, 1xAC PSU, IO/PS, OS6 210-ASPR
- 1 -
Dell EMC N3200 User guide 343-BBNX - 1 - Dell Hardware Limited Warranty 1 Year 828-9522 - 1 - Lifetime Limited Hardware Warranty with Basic Hardware Service Next Business Day Parts Only on Your Network Switch
828-9523
- 1 -
ProSupport Plus Next Business Day Onsite Service After Problem Diagnosis, 5 Years
828-9566
- 1 -
ProSupport Plus 7x24 HW-SW Techincal Support, 5 Years 828-9571 - 1 - Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell 951-2015
- 1 -
ProDeploy Plus Dell Networking N/E Series 3XXX Switch - Deployment 805-2392- 1 - ProDeploy Plus Dell Networking L3 N/E Series 3XXX Switch - Deployment Verification 805-2395
- 1 -
ProDeploy Plus No Charge Training 400 812-4008 - 1 - Dell Networking, Transceiver, SFP+, 10GbE, SR, 850nm Wavelength, 300m Reach 407-BBEF
- 4 -
Dell Networking Cable, OM4 LC/LC Fiber Cable, (Optics required), 10 Meter
470-ACMH
- 2 -
Power Supply, 1050W AC, Hot Swap, for N2224PX, N3224P, N3248P, MPS-1S Shelf, MPS-3S Shelf 450-AJIK- 1 - Power Cord, 125V, 15A, 10 Feet, NEMA 5-15/C13 450-AAFH - 2 - Quantity Subtotal PowerSwitch N3248P-ON [SW 2&3]
Estimated delivery if purchased today:

May. 31, 2023
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$12,292.41 2 $24,584.82
Description SKU Unit Price Quantity Subtotal
N3248P-ON, 48x1G, 4x10G SFP+, 2x100G QSFP28, PoE 30W, 1xAC PSU, IO/PS, OS6 210-ASPR
- 2 -
Dell EMC N3200 User guide 343-BBNX - 2 -

25 Item 4.

Dell Hardware Limited Warranty 1 Year 828-9522 - 2 -
Lifetime Limited Hardware Warranty with Basic Hardware Service Next Business Day Parts Only on Your Network Switch
828-9523
- 2 -
ProSupport Plus Next Business Day Onsite Service After Problem Diagnosis, 5 Years
828-9566
- 2 -
ProSupport Plus 7x24 HW-SW Techincal Support, 5 Years 828-9571 - 2 - Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell 951-2015
- 2 -
ProDeploy Plus Dell Networking N/E Series 3XXX Switch - Deployment 805-2392- 2 - ProDeploy Plus Dell Networking L3 N/E Series 3XXX Switch - Deployment Verification 805-2395
- 2 -
ProDeploy Plus No Charge Training 400 812-4008 - 2 - Dell Networking Cable,100GbE QSFP28 to QSFP28, Passive Copper Direct Attach Cable, 2 Meter
470-ABOW
- 4 -
Power Supply, 1050W AC, Hot Swap, for N2224PX, N3224P, N3248P, MPS-1S Shelf, MPS-3S Shelf 450-AJIK- 2 - Power Cord, 125V, 15A, 10 Feet, NEMA 5-15/C13 450-AAFH - 4 - Subtotal:

Shipping:

Environmental Fee:

Estimated Tax:

Total:
$38,057.51
$0.00
$0.00
$1,621.00
$39,678.51

26 Item 4.

Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).

In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request. ^DELL BUSINESS CREDIT (DBC): Offered to business customers by WebBank, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. The Total Minimum Payment Due is the greater of either $20 or 3% of the New Balance shown on the statement rounded up to the next dollar, plus all past due amounts. Dell and the Dell logo are trademarks of Dell Inc.

27 Item 4.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: AUTHORIZE AN AGREEMENT BETWEEN THE CITY OF OROVILLE AND R.L. HASTINGS AND ASSOCIATES FOR NEPA PREPARATION,
LABOR STANDARDS MONITORING AND SECTION 3 COMPLIANCE

FOR OROVILLE CONVENTION CENTER
DATE: OCTOBER 18, 2022

SUMMARY
The City Council will consider approving the selection of R.L. Hastings and Associates to prepare the Oroville Convention Center Improvement Project National Environmental Policy Act (NEPA) and conduct Federal and State labor standards monitoring for a period of two (2) years.

DISCUSSION
On September 20, 2022, City Council approved the submittal of an application to State Community Development Block Grant program to utilize up to $1,400,000 of current program income and future receipts for Oroville Convention Center Improvements.

On September 14, 2022, staff emailed a Request for Quote to five (5) companies, with the due date for quotes on September 28, 2022. Staff received two (2) quotes from qualified companies. Staff reviewed the quotes and are recommending the City enter into an agreement with the lowest bidder, R. L. Hastings and Associates. These quotes were in-line with previous quotes received for the DR-MHP Administration project and Wyandotte Academy Improvement Project.

Quotes received are as follows:

Consultant Quote
R. L. Hastings and Associates NEPA Prep: $8,500 for EA or $4,000 for CEST
Labor Standards: $1,500 per month for 24
months ($36,000)
28 Item 5.

Section 3 Compliance: $500 per month for
24 months ($12,000)
Housing Tools NEPA Prep: $39,715 without optional task
$46,480 with optional task
Labor Standards: $50,680

FISCAL IMPACT
Reduction in CDBG Program Income by $56,500.00, but no more than $68,500.00. The contract will be contingent upon State CDBG approval to use program income funds, and CBDG’s authorization to incur costs prior to the execution of the grant standard agreement.

RECOMMENDATION

1. Approve the selection of R. L Hastings & Associates and authorize the mayor to sign the contract for services for the preparation of NEPA, Labor Standards Monitoring and Section 3 compliance.

2. Adopt Resolution No. 9103 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH R. L. HASTINGS AND ASSOCIATES FOR THE NEPA PREPARATION, LABOR STANDARDS MONITORING AND SECTION 3 COMPLIANCE FOR OROVILLE CONVENTION CENTER (OCC) IMPROVEMENTS.

ATTACHMENTS

1. Resolution No. 9103

2. Agreement No. 3431

3. R. L. Hastings Quote
29 Item 5.

CITY OF OROVILLE
RESOLUTION NO. 9103

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH R. L. HASTINGS AND ASSOCIATES FOR THE NEPA PREPARATION, LABOR STANDARDS MONITORING AND SECTION 3

COMPLIANCE FOR OROVILLE CONVENTION CENTER (OCC) IMPROVEMENT BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Oroville City Council hereby authorizes and directs the Mayor to execute an agreement with R. L. Hastings and Associates for the NEPA preparation, labor standards monitoring and Section 3 Compliance for Oroville Convention Center improvements.

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 October 18, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ______________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 30 Item 5.

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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of October 18, 2022, by and between the City of Oroville, a municipal corporation (“City”) and Roy L. Hastings & Associates, LLC, 1765 Carson Rd., Placerville, CA 95667(“Consultant”).

RECITALS
1) Consultant is specially trained, experienced and competent to provide the services as required by this Agreement; and
2) Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
3) City desires to retain Consultant to prepare HOME Investment Partnerships Program annual monitoring documentation reports for multi-family rental housing projects.

AGREEMENT
1) SCOPE OF SERVICES. The Consultant shall furnish the following services in a professional manner:

Environmental Review
A. Analyze and determine the proper level of environmental review for the project.

B. Use the most current CDBG environmental review forms to complete the NEPA review process and obtain the proper back up documentation.

C. Ensure the proper publications are made and the comment periods are completed.

Assist the City in responding to any inquiries from the public or the state and ensure the City receives approval from the state to expend activity construction dollars in a 31 Item 5.

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reasonable time period.

D. Provide a set of original documents to the city for their project’s CDBG administration files and be available for questions when the state comes to monitor the project.

E. Use the most current CDBG/HUD environmental review forms to complete the NEPA review process and provide the City with accurate back up documentation so that the environmental review record can be signed by the City’s certifying officer.

Labor Standards Monitoring and Section 3
A. Establish and maintain a labor standards file which includes all the required CDBG documentation.

B. Assist the project’s engineer/architect with putting together a full bid package, including proper state and federal wage decisions, all the necessary state and federal labor standards, equal opportunity, and procurement language.

C. Ensure that the project is well advertised to local and regional contractors and attend the pre-bid conference to ensure that all contractors understand what is involved with labor standards monitoring and federal requirements for the project.

D. Do 10-day federal wage determination update and distribute to bidders at least 10 days prior to bid opening. Ensure procurement file is complete including all copies of bids (single source approval from state CDBG is necessary) and proof of contractor eligibility with state license current and not on federal debarred list with proper bonding and insurance.

E. Have City staff determine and write down why the contractor chosen for the project was selected and documents that the selected contractor was approved by city 32 Item 5.

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council.

F. Ensure the construction contract includes all necessary federal and state labor standards language and ensure the construction contacts between prime contractor and subcontractor contain the proper federal language and signed copies of each are in City labor standard files.

G. Conduct a pre-construction conference and meet with each person who is completing the weekly certified payrolls for the contractor and subcontractors and do the wage rate matrix with these staff to determine if state or federal wage rates should be paid.

Explain the weekly payroll review process to the payroll personnel and ensure they have the proper fringe benefit statements completed and back up documentation for each and for any apprentices which are being used.

H. Review and approve each weekly certified payroll and follow up on any underpayments or problems. Document that the proper labor standards posters are present on the construction site. Conduct employee interviews with the proper percentages of trades and cross reference with wage statements to document that the persons working on the site were the proper classification, doing the proper tasks and paid the proper wages.

I. Have City file the proper semi-annual wage compliance reports and Section 3 Annual Report with the State. Obtain documentation of all change orders and Notice of Completion.

J. Be available at the time of state monitoring to show the full labor standards file to state CDBG staff and answer any questions.

K. Ensure that City is following the newest Section 3 HUD/CDBG requirements. 33 Item 5.

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2. TIME OF PERFORMANCE. The services of Consultant are to commence upon execution of this Agreement and shall be completed by April 30, 2025.

3. COMPENSATION. Compensation to be paid to Consultant is set forth as follows:

NEPA Prep: $8,500 for Environmental Assessment,
$4,000 for Categorically Excluded Subject to…
Labor Standards: $1,500 per month for 2 years
Section 3: $500 per month for 2 years
Payment by City under this agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

4. METHOD OF PAYMENT. Consultant shall invoice to City describing the work performed. Consultant’s invoice shall include a brief description of the services performed, the dates the services were performed, and a description of any reimbursable expenditures.

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

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

6. TERMINATION. This Agreement may be terminated by the City immediately as provided in section 1 or for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination. 34 Item 5.

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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 Agreement, 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 Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sub-license any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City.

City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9. CONFIDENTIALITY. All ideas, memoranda, specifications, plans, procedures, 35 Item 5.

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drawings, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. LOBBYING
No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement.

11. 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 36 Item 5.

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for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

12. 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 37 Item 5.

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employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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

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

14. PROFESSIONAL ABILITY OF CONSULTANT. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work under this Agreement shall be performed by Consultant and shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s 38 Item 5.

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field of expertise.

15. 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.

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

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

18. INSURANCE REQUIREMENTS. Consultant is documenting the monitoring and submitting the reports to Housing and Community Development (HCD) on the City’s behalf, therefore the City is waiving the errors and omissions insurance.

19. NOTICES. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed 39 Item 5.

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communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City Administrator/Housing Director
City of Oroville-Housing
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant:

R.L. Hastings & Associates LLC
1765 Carson Rd.

Placerville, CA 95667

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

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

22. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of 40 Item 5.

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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.

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

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

25. CONTROLLING LAW VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte.

26. LITIGATION EXPENSES AND ATTORNEY’S FEES. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

27. MEDIATION. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor in interest. AAA shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by AAA and thereafter the mediator remaining shall hear the dispute.

If the dispute remains unresolved after mediation, either party may commence litigation. 41 Item 5.

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

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

30. PROHIBITED INTERESTS. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. DISCRIMINATION ACTS AND ASSURANCES The Consultant during the performance of this Agreement assures that no otherwise qualified person, shall be excluded from participation or employ, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any 42 Item 5.

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program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations.

32. SECTION 3 REQUIREMENTS The work to be performed under this Agreement is on a project providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of this project. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFG Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement.

The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The City at direction from the State, will take appropriate action pursuant to this agreement upon a finding that the Consultant or its subcontractor(s) is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135.

33. NONDISCRIMINATION CLAUSE. During the performance of this Agreement, Consultant and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Consultant shall comply 43 Item 5.

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with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.) And the applicable regulations promulgated thereunder (California Code of Regulation, Title 2, Section 7258.0 et. seq.) The applicable regulations of the Fair Housing Commission implementing the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant shall give written notice of their obligation under this clause to labor organizations with which they may have a collective bargaining or other agreement. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

34. EQUAL EMPLOYMENT OPPORTUNITY. In rendering the services contemplated by this agreement with CITY, Consultant shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, age, or national origin.

Consultant shall comply with Title IV of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section. Consultant shall also comply with Executive Order 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR, Part 60).

Furthermore:
a. Consultant shall take affirmative action to ensure that job applicants are employed and that employees are treated during employment without regard to race, religion, sex, color, age, national origin, or physical handicap. The term "affirmative action" shall include, but not be limited to: employment, upgrading, demotion or transfer; recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; and selection for 44 Item 5.

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training, including apprenticeship.
b. Consultant agrees to post such notices, to be provided, setting forth the provisions of this equal employment opportunity and affirmative action program.
c. Consultant shall in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration to employment without regard to race, religion, sex, color, age, national origin, or physical handicap. Notification that Consultant is an "Equal Opportunity Employer" or "EOE" constitutes satisfaction in this notice requirement.

35. FAIR EMPLOYMENT PRACTICES. Consultant will permit access to records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices Provision. In the event of any violations by the Consultant of state fair employment laws, the State of California shall have the right to terminate this Agreement either in whole or in part. In the event of such termination, any loss or damage sustained by the State of California and/or the City in securing the goods or services hereunder shall be borne and paid for by the Consultant and by their surety under performance bond, if any, and, in addition to other remedies, the State of California and the City may deduct from any monies due or that thereafter become due to the Consultant the difference between the price named in the particular agreements and the actual cost thereof to the State of California and the City. 45 Item 5.

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36. COMPLIANCE WITH LABOR CODE OF STATE OF CALIFORNIA Pursuant to the provisions of Section 3700 of the Labor Code, Consultant will require every employer to be insured against liability for workman's compensation, or to undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of a particular agreement. Furthermore, Consultant shall also provide evidence of workmen's compensation insurance, unemployment insurance and disability insurance to cover all of Consultant's employees.

37. THE CIVIL RIGHTS ACT, HCD, AGE DISCRIMINATION AND REHABILITATION ACTS ASSURANCE During the performance of this Agreement the Consultant assures that no otherwise qualified person shall be excluded from the participation or employment, denied program benefits, or be subject to discrimination based on race, color, national origin, sex, age or handicap, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, Title I, of the Housing and Community Development Act of 1974, as amended, the Age Discrimination Act of 1975 and the Rehabilitation Act of 1973, and all implementing programs.

38. THE TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR

BUSINESS AND LOWER INCOME PERSONS ASSURANCE OF COMPLIANCE a. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C., 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project 46 Item 5.

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area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.
b. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
c. The Consultant will send to each labor organization or representative of workers with which there is a collective bargaining agreement or other agreement or understanding, if any, a notice advertising the said labor organization or worker's representative of the commitment under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon finding the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided a preliminary statement of ability to comply with the requirements of these 47 Item 5.

A-3431
regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractor or subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or agreement through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

39. STATE NONDISCRIMINATION CLAUSE
a. During the performance of this Agreement, Consultant and its subcontractors shall not lawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code Section 12990), set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its 48 Item 5.

A-3431
subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
b. This Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this agreement. 49 Item 5.

A-3431
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
___________________________________
Chuck Reynolds, Mayor

CONSULTANT
___________________________________
Roy L. Hastings, Principal
APPROVED AS TO FORM: ATTEST:

By:______________________________ By:___________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 50 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSIST. COMMUNITY DEVELOPMENT DIRECTOR RE: PROFESSIONAL SERVICES AGREEMENT WITH BRANDLEY

ENGINEERING SERVICES AND CONSTRUCTION MANAGEMENT FOR
CRACK SEAL PROJECT RUNWAY 2-20 AND ASSOCIATED TAXIWAYS
DATE: OCTOBER 18, 2022

SUMMARY
The Council is requested to approve a professional services agreement with Brandley Engineering Services for engineering services and construction management during the construction of the crack seal project of runway 2-20 and associated taxiways at Oroville Municipal Airport.

DISCUSSION
The City has applied for and received an FAA grant for crack sealing on Oroville Municipal Airport runway 2-20 and all associated taxiways to protect asphalt infrastructure from further deterioration from rainwater infiltration to the subsurface. This work is to be conducted in accordance with the provision of the FAA grant and performed by Q&D Construction.

Brandley Engineering has submitted a proposal for providing engineering services for periodic construction surveillance, project closeout, and construction quality assurance services including the furnishing of a Resident Project Representative.

The engineering scope for this project has been broken down into two phases:
• Phase 1 – Engineering Design Services During Construction and Project Closeout. • Phase 2 - Construction Management.

Brandley has completed the preparation of plans, specifications and contract documents for the Project. The FAA reviewed the Project documents, and bids, and issued a written approval to the City to proceed with construction.

FISCAL IMPACT
The cost of services provided by Brandley Engineering will be funded by the FAA Grant 3-06- 0178-027-2022 and the 5% matching funds from California Department of Transportation. 51 Item 6.

RECOMMENDATION
Approve the professional services agreement between the City of Oroville and Brandley Engineering Services for engineering services and construction management during the construction of the crack seal project of runway 2-20 and associated taxiways at Oroville Municipal Airport.

ATTACHMENTS
Professional Services Agreement No. 3322-2
Exhibit A - Proposal
52 Item 6.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of October 18, 2022 by and between the City of Oroville (“City”) and Brandley, Engineering (“Consultant”).

RECITALS
A. The Consultant is specially trained, experienced and competent to provide airport construction management and inspection services for the Oroville Airport runway 2-20 and associated taxiway crackseal project Agreement; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the services described in the Brandley Engineering 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 Agreement and shall be completed at the end of Project close out.
53 Item 6.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $87,000 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

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

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to 54 Item 6.

compensation for 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 Agreement, 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 Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”).

Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and 55 Item 6.

warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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 Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

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

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 56 Item 6.

documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.
57 Item 6.

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 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 Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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

13. Professional Ability of Consultant. City has relied upon the professional 58 Item 6.

training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

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 Agreement, 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 Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising from the negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 59 Item 6.

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. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit “B” attached hereto.

18. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall 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: Dawn Nevers, Asst. Community Development
Director
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
60 Item 6.

If to Consultant: Reinard Brandley, Consulting Airport Engineer 6125 King Road, Suite 201
Loomis, California 95650
Attn: Melissa Brandley

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

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

21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City.

Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

22. Waiver. Waiver of a breach or default under this Agreement shall not 61 Item 6.

constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

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

24. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in 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 Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

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

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this 62 Item 6.

Agreement 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 Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising 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 nondiscrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
63 Item 6.

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Chuck Reynolds, Mayor Melissa Brandley, Airport
Consulting Engineer
APPROVED AS TO FORM: ATTEST:

By: ____________________________ By: ___________________________ Scott E. Huber, City Attorney Jackie Glover, City Clerk 64 Item 6.

June 7, 2022
Mr. Cody Nissen
Public Works Operations Manager and
Acting Airport Manager
City of Oroville
1735 Montgomery Street
Oroville, California 95965
Subject: Oroville Municipal Airport
Proposal for Professional Engineering Services
Crack Seal Runway 2-20 and Associated Taxiways – Construction Management Dear Mr. Nissen:

The City of Oroville proposes the construction of the Crack Seal of Runway 2-20 and Associated Taxiways at the Oroville Municipal Airport.

We are pleased to present herewith our proposal for providing engineering services for periodic construction surveillance, project closeout, and construction quality assurance services including the furnishing of a Resident Project Representative.

The engineering scope for this project has been broken down into two phases:
• Phase 1 – Engineering Design Services During Construction and Project Closeout. • Phase 2 - Construction Management.

Each portion of this proposal is based on Not to Exceed estimated fees based on the scope that has been determined at this time.

We have summarized below the scope of work, the engineering fee, and the time of completion for each phase of work.

Phase 1 - Engineering Design Services During Construction and Project Closeout

1. Participate in a pre-construction conference.

2. Provide engineering surveillance of all construction operations, including attendance at weekly construction meetings, preparation of any change orders required, preparation of contractor pay estimates, preparation of F.A.A. reimbursement requests, review of all contractor submittals, and preparation of final as-constructed drawings and final engineer’s report.

EXHIBIT "A"
65 Item 6.

Mr. Cody Nissen -2- June 7, 2022
The total proposed fee for Engineering Design Services During Construction and Project Closeout will be at hourly rates for a not to exceed fee of $25,000.

Phase 2 will be conducted during the entire construction phase. Final record drawings and final report will be prepared within thirty (30) calendar days of receipt of contractor’s final redline drawings and closeout documents.

Phase 2 – Resident Engineering, Testing, and Inspection - The Contractor will be required to furnish material submittals for all materials proposed for use on the project and meet all requirements of the plans and specifications. The Engineer will provide all Quality Assurance Testing and Inspection, which will include the following:

1. Furnish qualified Resident Engineer to review and monitor all construction activities.

2. Provide all inspection and testing required as included in the quality assurance program including providing technicians and inspectors as required.

3. Provide surveying services as required.

4. Provide traffic safety inspectors and Safety Plan implementation.

The total proposed fee for Resident Engineering, Testing, and Inspection will be at hourly rates for a not to exceed fee of $62,000.

The total contract amount for this work will not exceed $87,000 without prior approval of the City.

Our standard hourly rates are included in Table No. 1. A breakdown of staff time and costs for the engineering design is attached as Table No. 2.

The FAA requires that the Contract Provisions for Obligated Sponsors and Airport Improvement Projects be made part of all agreements that pertain to projects funded by the FAA. A copy of these provisions is attached as Exhibit A.

If this is satisfactory to the City, please have an Agreement prepared and processed through the City and provide us with a copy for signature.

We appreciate the opportunity of presenting this proposal and look forward to working with you on this project.

Very truly yours,
Melissa S. Brandley, P.E.

Secretary/CFO
MSB
Attachments
66 Item 6.

TABLE NO. 1

BRANDLEY ENGINEERING

SCHEDULE OF CHARGES/RATES

PERSONNEL
Principal Engineer............................................................. $300/Hour Project Manager/Project Engineer .................................... $180/Hour Junior Engineer ................................................................ $110/Hour Senior Drafter/CAD Technician......................................... $110/Hour Junior Drafter/CAD Technician ........................................... $90/Hour Project Administrator ........................................................ $100/Hour Clerical ............................................................................... $75/Hour Testing Technician............................................................ $100/Hour Resident Engineer ...........................................................$180/Hour* Junior Engineer ...............................................................$110/Hour* Senior Inspector ..............................................................$110/Hour* Junior Inspector.................................................................$90/Hour* Apprentice .........................................................................$95/Hour*

REIMBURSABLE EXPENSES SCHEDULE
Per Diem ............................................................................$150/Day Vehicle Rental ......................................................................$50/Day Mileage............................................................................. $0.58/Mile Printing Charges............................................................. Cost + 10% Overnight Mail ................................................................ Cost + 10% Outside Subconsultant.................................................... Cost + 10% *Overtime rates will apply (1.5 x base rate).
67 Item 6.

Hours Rate Total
Engineering During Construction and Final Project Closeout Principal Engineer 50.0 $ 300.00 $ 15,000.00
Project Manager 30.0 180.00 5,400.00
Junior Engineer 15.0 110.00 1,650.00
Project Administrator 10.0 100.00 1,000.00
Clerical 20.0 75.00 1,500.00
Mileage 130.0 0.58 75.40
Total Engineering During Construction $ 24,625.40
Use $ 25,000.00
Resident Engineering, Testing, and Inspection
Resident Project Representative:

Regular Time 215.0 $ 180.00 $ 38,700.00
Overtime 50.0 270.00 13,500.00
Apprentice
Regular Time 40.0 95.00 3,800.00
Overtime 10.0 142.50 1,425.00
Per Diem 20.0 150.00 3,000.00
Vehicle Rental 25.0 50.00 1,250.00
Mileage 680.0 0.58 394.40
Total Resident Engineering $ 62,069.40
Use $ 62,000.00
TOTAL $ 87,000.00
Staff
TABLE NO. 2

OROVILLE MUNICIPAL AIRPORT

OROVILLE, CALIFORNIA
CRACK SEAL RUNWAY 2-20 AND ASSOCIATED TAXIWAYS

BREAKDOWN OF ENGINEERING FEES
Q:\13 OROVILLE\Agreement\2021\Crack Seal\Inspection\03 Table 2 - Eng Fee - CM OVE Cracks.xlsx 6/7/2022 68 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 1
EXHIBIT A – CONTRACT PROVISIONS FOR OBLIGATED

SPONSORS AND AIRPORT IMPROVEMENT PROJECTS
A1 ACCESS TO RECORDS AND REPORTS
2 CFR § 200.333
2 CFR § 200.336
FAA Order 5100.38
The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed.

A2 BREACH OF CONTRACT TERMS
2 CFR § 200 Appendix II(A)
A2.1 CONTRACT CLAUSE
Any violation or breach of terms of this contract on the part of the Consultant or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement.

Owner will provide Consultant written notice that describes the nature of the breach and corrective actions the Consultant must undertake in order to avoid termination of the contract. Owner reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the Owner elects to terminate the contract. The Owner’s notice will identify a specific date by which the Consultant must correct the breach. Owner may proceed with termination of the contract if the Consultant fails to correct the breach by the deadline indicated in the Owner’s notice.

The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law.

A3 CIVIL RIGHTS - GENERAL
49 USC § 47123

GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance.
69 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 2
This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964.

A4 CIVIL RIGHTS – TITLE VI ASSURANCE
49 USC § 47123
FAA Order 1400.11
The City of Oroville in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Title VI Clauses for Compliance with Nondiscrimination
Requirements
Compliance with Nondiscrimination Requirements:

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows:

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment.

The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.

3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the nondiscrimination provisions of this contract, the sponsor will impose such contract sanctions as it 70 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 3
or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or
b. Cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by 71 Item 6.

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discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.

Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq).

A5 CLEAN AIR AND WATER POLLUTION CONTROL
2 CFR § 200, Appendix II(G)
Contractor agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC § 740-7671q) and the Federal Water Pollution Control Act as amended (33 USC § 1251-1387). The Contractor agrees to report any violation to the Owner immediately upon discovery.

The Owner assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration.

Contractor must include this requirement in all subcontracts that exceeds $150,000.

A6 COPELAND “ANTI-KICKBACK” ACT
A6.1 SOURCE
2 CFR § 200, Appendix II(D)
29 CFR Parts 3 and 5
Contractor must comply with the requirements of the Copeland “Anti-Kickback” Act (18 USC 874 and 40 USC 3145), as supplemented by Department of Labor regulation 29 CFR part 3. Contractor and subcontractors are prohibited from inducing, by any means, any person employed on the project to give up any part of the compensation to which the employee is entitled. The Contractor and each Subcontractor must submit to the Owner, a weekly statement on the wages paid to each employee performing on covered work during the prior week. Owner must report any violations of the Act to the Federal Aviation Administration.

A7 DAVIS-BACON REQUIREMENTS
A7.1 SOURCE
2 CFR § 200, Appendix II(D)
29 CFR Part 5

1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 72 Item 6.

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3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer’s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will 73 Item 6.

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issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding.

The Federal Aviation Administration or the sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the Federal Aviation Administration may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs anticipated or the actual costs incurred in providing 74 Item 6.

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such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee’s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Federal Aviation Administration if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit them to the applicant, sponsor, or Owner, as the case may be, for transmission to the Federal Aviation Administration, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, Sponsor, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) The payroll for the payroll period contains the information required to be provided under 29 CFR §

5.5(a)(3)(ii), the appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and complete;
(2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this section.
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(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the sponsor, the Federal Aviation Administration, or the Department of Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.

Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. 76 Item 6.

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Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements.

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.

6. Subcontracts.

The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part

5.5(a)(1) through (10) and such other clauses as the Federal Aviation Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.

7. Contract Termination: Debarment.

A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes Concerning Labor Standards.

Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause 77 Item 6.

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include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives.

10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.

A8 DEBARMENT AND SUSPENSION
2 CFR part 180 (Subpart C)
2 CFR part 1200
DOT Order 4200.5

CERTIFICATION OF OFFEROR/BIDDER REGARDING DEBARMENT
By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

CERTIFICATION OF LOWER TIER CONTRACTORS REGARDING DEBARMENT The successful bidder, by administering each lower tier subcontract that exceeds $25,000 as a “covered transaction”, must verify each lower tier participant of a “covered transaction” under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by:

1. Checking the System for Award Management at website: http://www.sam.gov.

2. Collecting a certification statement similar to the Certification of Offerer /Bidder Regarding Debarment, above.

3. Inserting a clause or condition in the covered transaction with the lower tier contract.

If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant.

A9 DI SADVANTAGED BUSINESS ENTERPRISE
49 CFR part 26
The requirements of 49 CFR part 26 apply to this contract. It is the policy of the City of Oroville to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of 78 Item 6.

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this contract. The Owner encourages participation by all firms qualifying under this solicitation regardless of business size or ownership.

Contract Assurance (§ 26.13) –
The Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of Department of Transportation-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.

Prompt Payment (§26.29) – The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 7 days from the receipt of each payment the prime contractor receives from the City of Oroville. The prime contractor agrees further to return retainage payments to each subcontractor within 7 days after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Oroville. This clause applies to both DBE and non-DBE subcontractors.

A10 DISTRACTED DRIVING
Executive Order 13513
DOT Order 3902.10

TEXTING WHEN DRIVING
In accordance with Executive Order 13513, “Federal Leadership on Reducing Text Messaging While Driving”, (10/1/2009) and DOT Order 3902.10, “Text Messaging While Driving”, (12/30/2009), the Federal Aviation Administration encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or subgrant.

In support of this initiative, the Owner encourages the Contractor to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Contractor must include the substance of this clause in all sub-tier contracts exceeding $3,500 that involve driving a motor vehicle in performance of work activities associated with the project. 79 Item 6.

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A11 ENERGY CONSERVATION REQUIREMENTS
2 CFR § 200, Appendix II(H)
Contractor and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC 6201et seq).

A12 EQUAL EMPLOYMENT OPPORTUNITY (EEO)
2 CFR 200, Appendix II(C)
41 CFR § 60-1.4
41 CFR § 60-4.3
Executive Order 11246

EQUAL OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identify, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Contractor’s commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or 80 Item 6.

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federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY

CONSTRUCTION CONTRACT SPECIFICATIONS

1. As used in these specifications:
a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;
b. “Director” means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S.

Department of Labor, or any person to whom the Director delegates authority; c. “Employer identification number” means the Federal social security number used on the Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. “Minority” includes:
(1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race);
(3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR part 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in 81 Item 6.

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accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor’s or subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed.

Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor’s obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor’s employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor’s obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations’ responses.
82 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 15
c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor’s employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.
f. Disseminate the Contractor’s EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
g. Review, at least annually, the company’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions, including specific review of these items, with onsite supervisory personnel such superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
h. Disseminate the Contractor’s EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor’s EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business.
i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the Contractor’s recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. 83 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 16
j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractor’s workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.
l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor’s obligations under these specifications are being carried out.
n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor’s adherence to and performance under the Contractor’s EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor’s minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor’s and failure of such a group to fulfill an obligation shall not be a defense for the Contractor’s noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority.

Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally), the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized.

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 84 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 17

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity.

If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR part 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g. those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

A13 FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) 29 USC § 201, et seq
All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers.

The Consultant has full responsibility to monitor compliance to the referenced statute or regulation. The Consultant must address any claims or disputes that arise from this requirement directly with the U.S.

Department of Labor – Wage and Hour Division.

A14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES
31 USC § 1352 – Byrd Anti-Lobbying Amendment
2 CFR part 200, Appendix II(J)
49 CFR part 20, Appendix A
85 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 18

CERTIFICATION REGARDING LOBBYING
The Bidder or Offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

A15 OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
29 CFR part 1910
All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. The employer must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The employer retains full responsibility to monitor its compliance and their subcontractor’s compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). The employer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor – Occupational Safety and Health Administration. 86 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 19
A16 TAX DELINQUENCY AND FELONY CONVICTIONS

CERTIFICATION OF OFFEROR/BIDDER REGARDING TAX DELINQUENCY AND

FELONY CONVICTIONS
The applicant must complete the following two certification statements. The applicant must indicate its current status as it relates to tax delinquency and felony conviction by inserting a checkmark () in the space following the applicable response. The applicant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification in all lower tier subcontracts.

Certifications
The applicant represents that it is (  ) is not () a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

The applicant represents that it is (  ) is not () is not a corporation that was convicted of a criminal violation under any Federal law within the preceding 24 months.

Note
If an applicant responds in the affirmative to either of the above representations, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests. The applicant therefore must provide information to the owner about its tax liability or conviction to the Owner, who will then notify the FAA Airports District Office, which will then notify the agency’s SDO to facilitate completion of the required considerations before award decisions are made.

Term Definitions
Felony conviction: Felony conviction means a conviction within the preceding twentyfour (24) months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S. code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. § 3559.

Tax Delinquency: A tax delinquency is any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
87 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 20
A17 TERMINATION OF CONTRACT
2 CFR § 200 Appendix II(B)
FAA Advisory Circular 150/5370-10, Section 80-09

TERMINATION FOR CONVENIENCE (PROFESSIONAL SERVICES)
The Owner may, by written notice to the Consultant, terminate this Agreement for its convenience and without cause or default on the part of Consultant. Upon receipt of the notice of termination, except as explicitly directed by the Owner, the Contractor must immediately discontinue all services affected.

Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.

Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.

Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.

TERMINATION FOR DEFAULT (PROFESSIONAL SERVICES)
Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breaching party an opportunity to dispute or cure the breach.

The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement. a) Termination by Owner: The Owner may terminate this Agreement in whole or in part, for the failure of the Consultant to:

1. Perform the services within the time specified in this contract or by Owner approved extension;

2. Make adequate progress so as to endanger satisfactory performance of the Project; or

3. Fulfill the obligations of the Agreement that are essential to the completion of the Project.

Upon receipt of the notice of termination, the Consultant must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Consultant must deliver to the Owner all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete.

Owner agrees to make just and equitable compensation to the Consultant for satisfactory work completed up through the date the Consultant receives the termination notice. Compensation will not include anticipated profit on non-performed services.
88 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 21
Owner further agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.

If, after finalization of the termination action, the Owner determines the Consultant was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Owner issued the termination for the convenience of the Owner.
b) Termination by Consultant: The Consultant may terminate this Agreement in whole or in part, if the Owner:

1. Defaults on its obligations under this Agreement;

2. Fails to make payment to the Consultant in accordance with the terms of this Agreement;

3. Suspends the Project for more than [180] days due to reasons beyond the control of the Consultant.

Upon receipt of a notice of termination from the Consultant, Owner agrees to cooperate with Consultant for the purpose of terminating the agreement or portion thereof, by mutual consent. If Owner and Consultant cannot reach mutual agreement on the termination settlement, the Consultant may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Owner’s breach of the contract.

In the event of termination due to Owner breach, the Engineer is entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all justified reimbursable expenses incurred by the Consultant through the effective date of termination action. Owner agrees to hold Consultant harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause.

A18 TRADE RESTRICTION CERTIFICATION
49 USC § 50104
49 CFR part 30
A18.1 APPLICABILITY

SOLICITATION CLAUSE

TRADE RESTRICTION CERTIFICATION
By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror –
1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);
2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and
89 Item 6.

Guidelines for Contract Provisions for Obligated Sponsors and Airport Improvement Program Projects Issued on June 19, 2018 Exhibit A – Page 22
3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Offeror or subcontractor:
1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or
3) who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration (FAA) may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Owner or the FAA. 90 Item 6.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: SANK PARK PERIMETER FENCE OPTIONS FOR CONSIDERATION

FOLLOWING RECEIPT OF BIDS
DATE: OCTOBER 18, 2022

SUMMARY
The City Council may review and consider two bids received following the publishing of a Request for Proposal (RFP) to fabricate and erect a fence and gates around the perimeter of Sank Park.

DISCUSSION
Following the City Council’s approval on September 7, 2021, of the application for Per Capita funding for fencing to be installed around the perimeter of Sank Park and Rotary Park. Staff sought input from the Park Commission and the Historic Advisory Commission for new fencing because the location is a City park and falls within the Downtown Historic Overlay.

The fencing will replace the deteriorating wood and chain link fence surrounding Sank Park with a wrought iron fence. The fence design elements were approved on April 19, 2022 and required the following:
 5’ tall fence
 6” curb under fence
 Ornate corner posts with finials
 Pickets will be slender with pointed tips
 (2) vehicle gates and (4) man gates
 Man gate at Montgomery Street entrance will be inset for a more pronounced entrance to have a decorative elements
 Dusk to dawn hardware is desired for safety and to secure closure during the evening hours
The intent is to prevent further vandalism of the historic home and park grounds during the evening hours and preserve the historic character of the home. 91 Item 7.

Following Council approval on April 19, 2022, a Request for Proposal (RFP) was published, and a mandatory job walk was help on August 25, 2022. Staff received two proposals with the low bidder’s proposal not being fully responsive and proposing prefabricated fence panels. The second bidder proposed a fully custom fence that meets the requested list stated above.

Bidder Name Total Bid Amount 10%
Contingency Project Total
A. Northstate Earth &
Water, Inc. $244,898.92 $24,489.89 $269,388.81
B. B&M Builders, Inc. $566,495.00 $56,649.50 $623,144.50

FISCAL IMPACT
A Per Capita allocation of $177,952.00 is available from the State Department of Parks & Recreation. A budget adjustment of $91,436.81 for Bid “A” and $445,192.50 for Bid “B” will be necessary.

RECOMMENDATION
Select one of the following, or a combination:

1. Select Bid “A” and approve a budget adjustment of $91,436.81 that includes a 10% contingency and authorize City Administrator to execute a Construction Agreement.

2. Select Bid “B” and approve a budget adjustment of $445,192.50 that includes a 10% contingency and authorize City Administrator to execute a Construction Agreement.

3. Or provide another recommendation to staff.

ATTACHMENTS
 Sank Park Fence Summary of Proposals Received
 Bid A – Northstate Earth & Water, Inc.
 Bid B – B&M Builders, Inc.
92 Item 7.
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OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS
FROM: RUTH DUNCAN, ASSISTANT CITY ADMINISTRATOR –

ADMINISTRATIVE SERVICES
RE: FINANCIAL ANALYSIS FOR FISCAL YEAR ENDED JUNE 30, 2022 DATE: OCTOBER 18, 2022

SUMMARY
The Council may receive annual unaudited financial information for the year ended June 30, 2022.

DISCUSSION
The City ended the fiscal year with an excess of revenues of $3,760,619 at June 30,2022.

This excess is attributable to both the General Fund and the New 1% District Tax Fund.

They are both considered General Fund but are accounted for separately for accountability and then combined for financial statement purposes.

Summary:

The General Fund ended with a $2.4 million dollar excess of revenues which is mostly attributable to expenditures coming in 18% less than budgeted appropriations. For the new 1% District Tax, revenues exceeded expenditures by $1.3 million with most of the savings coming from position vacancies and unspent allocations for road repair.

OUTSTANDING DEBT
Outstanding Debt on June 30, 2022, was $21,048,503 for the City and $12,210,000 outstanding bonds for the Oroville Successor Agency. The original Pension Obligation Bonds were refinanced with the new Pension Obligation Bonds at were issued to address the CalPERS Unfunded liability.

American River Bank – Solar and Energy project 2,193,503 MUFG Union Bank – Pension Obligation Bonds 1 0 *refinanced Wells Fargo Penson Obligation Bonds 2 18,855,000
Total $21,048,503
US Bank – Successor Agency Bonds $12,210,000 General Fund District Tax Total Revenues 21,268,504 7,720,024 28,988,528
Expenditures 18,864,457 6,363,452 25,227,909
Revenues in Excess of Expenditures $ 2,404,047 $ 1,356,572 $ 3,760,619 172
Item 8.
*formerly MUFG Union Bank
Currently our General Fund reserve is $7,500,000. Our Fund Balance Policy is to target at least 15% of General Fund expenditures. The GFOA (Government Finance Officer Assn) recommends at least 17%. This amount brings us up to 22% and another $1,500,000 has been appropriated for fiscal year 2022-23.

For more financial details please visit our OpenGov transparency portal at:
https://orovilleca.opengov.com

FISCAL IMPACT
Excess of revenues for the year ended June 30, 2022, of $3,760,619 for the City’s General Fund.

RECOMMENDATION
Staff recommends for the Council to consider allocating fund balance as follows:
$2,193,503 to pay off the American River Bank – Solar and Energy project.

Balance to go to Fund Balance

ATTACHMENTS
City Revenue and Expense for June 30, 2022, compared to the prior year City Revenue and Expense for June 30, 2022, compared to the budget for same year 173
Item 8.

Budget Actual
2021-22 2021-22 Difference

REVENUES BY SOURCE
Taxes:

Sales and use taxes 13,581,633 $ 13,570,130 $ (11,503) $ Property taxes 3,820,256 4,207,308 387,052
Utility user taxes 2,231,532 2,513,476 281,944
Transient occupancy taxes 985,641 1,084,862 99,221
Franchise taxes 1,005,632 1,052,859 47,227
Other taxes 76,037 107,733 31,696
License and permits 679,243 678,305 (938)
Fines and forfeitures 52,409 74,304 21,895
Interest, rents and concessions 296,394 (338,701) (635,095) Intergovernmental revenues 325,552 346,186 20,634
Charges for services 691,903 783,667 91,764
Other revenues 1,459,736 1,918,875 459,139
Transfers in 2,296,310 2,989,524 693,214
TOTAL REVENUES $ 28,988,528 27,502,278 $ 1,486,250 $

EXPENDITURES BY FUNCTION
Current:

General Government 5,378,716 $ 5,109,807 $ (268,909) $
Public Safety 12,598,856 11,573,134 (1,025,722)
Public Works 381,301 444,993 63,692
Streets and Storm Drains 3,509,395 1,524,180 (1,985,215) Parks and Leisure 3,171,676 1,441,592 (1,730,084)
Transfers out 4,720,000 5,134,203 414,203
TOTAL EXPENDITURES $ 25,227,909 29,759,944 $ (4,532,035) $ NET INCREASE (DECREASE) IN FUND BALANCE (2,257,666) $ 3,760,619 $ FUND BALANCE BEGINNING 19,020,179 $ 19,020,179 $
FUND BALANCE ENDING 16,762,513 $ 22,780,798 $

CITY OF OROVILLE

REVENUES AND EXPENDITURES

CURRENT YEAR BUDGET TO ACTUAL

GENERAL FUND
174
Item 8.

Prior Current
Year Year
Actual Actual
2020-21 2021-22 Difference

REVENUES
Taxes:

Sales and use taxes 13,393,713 $ 13,570,130 $ 176,417 $ Property taxes 3,959,208 4,207,308 248,100
Utility user taxes 2,318,054 2,513,476 195,422
Transient occupancy taxes 1,034,424 1,084,862 50,438
Franchise taxes 992,172 1,052,859 60,687
Other taxes 86,418 107,733 21,315
License and permits 708,930 678,305 (30,625)
Fines and forfeitures 69,921 74,304 4,383
Interest, rents and concessions 371,905 (338,701) (710,606) Intergovernmental revenues 405,289 346,186 (59,103)
Charges for services 770,840 783,667 12,827
Other revenues 4,138,546 1,918,875 (2,219,671)
Transfers in 956,804 2,989,524 2,032,720
TOTAL REVENUES $ 28,988,528 29,206,224 $ (217,696) $

EXPENDITURES
Function:

General Government 3,534,545 $ 5,109,807 $ 1,575,262 $
Public Safety 11,204,123 11,573,134 369,011
Public Works 307,828 444,993 137,165
Streets and Storm Drains 1,683,745 1,524,180 (159,565)
Parks and Leisure 1,745,174 1,441,592 (303,582)
Transfers out 6,544,478 5,134,203 (1,410,275)
TOTAL EXPENDITURES $ 25,227,909 25,019,893 $ 208,016 $
NET INCREASE (DECREASE) IN FUND BALANCE 4,186,331 $ 3,760,619 $ FUND BALANCE BEGINNING 29,206,224 $ 19,020,179 $
FUND BALANCE ENDING 33,392,555 $ 22,780,798 $

PRIOR YEAR COMPARISON TO CURRENT YEAR ACTUAL

GENERAL FUND

CITY OF OROVILLE

REVENUES AND EXPENDITURES
175
Item 8.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT
17-CDBG-12014 AND 20-CDBG-CV-2-3-00113
DATE: OCTOBER 18, 2022

SUMMARY
The Council will conduct a public hearing relating to the performance and the final accomplishments of Community Development Block Grant (CDBG) No. 17-CDBG-12014 and 20-CDBG-CV-2-3-00100.

DISCUSSION
On July 10, 2018, the City of Oroville was awarded CDBG grant funds in the amount of $1,500,000 for the City of Oroville to fund Homeownership Assistance, Code Enforcement and Catalyst Domestic Violence services.

The City is responsible for monitoring and reporting on all CDBG activities to assure that the time schedules are met and milestones are accomplished. This grant was approved a 12- month extension and expired July 31, 2022. A Closeout Report must be submitted for the activities as the grant expires.

City staff intends to submit the Closeout Report to the California Department of Housing and Community Development (HCD). The information provided below covers expenditures and activities over the grant term. All general administration, Homeownership Assistance and Catalyst activity funds available through this grant have been expended relative to this grant, however, the City will need to disencumber $34,660 in Code Enforcement funds. 17 CDBG 12014
Activity CDBG Grant CDBG Program Income
Catalyst Domestic Violence $120,409.00 $65,638.00
Code Enforcement $310,048.00 $221,075.00
Homeownership Assistance $930,232.00 $71,597.00
176
Item 9.

General Administration $104,651.00 $21,979.00
Total $1,465,340.00 $380,289.00
During the grant term, the following accomplishments were made:

FTHB: 11 loans were made to low-income beneficiaries for Homeownership Assistance Catalyst: 469 new or continued access to benefit.

Code Enforcement: 11,338 Total Active Cases, 2,961 Cases Closed, 2,586 New Cases Opened, 303 Building Code Violations, 138 Multi-Family Inspections, 66 Substandard Housing, 8 new Vacant Buildings, 44 Stop Work Notices, 232 Weed Abatement.

Additionally, on August 17, 2021, City of Oroville was awarded CDBG-CV2&3 funds in the amount of $113,000 for a new Utility Assistance Program. During the first several months, neither staff nor the sub-recipient, Community Action Agency received any qualified applicants. Therefore, council approved the amendment to transfer all remaining funds to our second CDBG-CV2&3 grant, Wyandotte Avenue Improvements to add to the scope of work. 20-CDBG-CV-2-3-00113
Activity CDBG Grant CDBG Program Income
Utility Assistance Program
(UAP)
$511.35 $0.00
Total $511.35 $0.00
During the grant term, there were no beneficiaries. The balance of the grant is being transferred to 20-CDBG-CV-2-3-00112.

FISCAL IMPACT
None

RECOMMENDATION

1. Adopt Resolution No. 9102 - Authorizing the closeout of Community Development Block Grant 17-CDBG-12014 which expired July 31, 2022.

2. Adopt Resolution No. 9101- Authorizing the closeout of Community Development Block grant 20-CDBG-CV-2-3-00113.

ATTACHMENTS
Resolutions No. 9101 and 9102
177
Item 9.

CITY OF OROVILLE
RESOLUTION NO. 9101

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING THE CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT NO. 20-CDBG-CV23-00113.

BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Oroville City Council hereby authorizes the closeout of Community Development Grant No. 20-CDBG-CV23-0013.

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 October 18, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ______________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 178
Item 9.

CITY OF OROVILLE
RESOLUTION NO. 9102

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING THE CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT NO. 17-CDBG-12014.

BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Oroville City Council hereby authorizes the closeout of Community Development Grant No. 17-CDBG-12014.

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 October 18, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
______________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ______________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 179
Item 9.

CITY OF OROVILLE

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

MARK WOLFE, AICP, NORTHSTAR
RE: ZC22-04: STANDARDS FOR DEVELOPMENT OF NON-CONFORMING

LOTS IN SOUTH OROVILLE
DATE: OCTOBER 18, 2022

SUMMARY
The City Council may consider approving amendments to Oroville Municipal Code Section

17.28.020 (“Development Standards for residential districts”) in order to support development of existing sub-standard lots in South Oroville. The Planning Commission has recommended approval of the amendments on a 5-0 vote at its meeting of August 25, 2022.

DISCUSSION
The recommended amendments would provide flexibility in existing setback and lot coverage regulations which may hinder development of the approximately 100 non-conforming vacant lots in the South Oroville neighborhood. These changes would advance a number of General Plan policies, and have been developed as a part of the City’s ongoing collaboration with the community to foster investment in South Oroville.

Details regarding the amendments can be found in Attachment 1, staff’s report to the Planning Commission on this matter.

FISCAL IMPACT
None

RECOMMENDATION
The Planning Commission and Staff recommend the following actions:

1. Certify the Notice of Exemption

2. Conduct a public hearing and approve Zoning Change ZC 22-04

3. Adopt Resolution No. 9105 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CODE AMENDMENT ZC 22-04

REGARDING DEVELOPMENT STANDARDS FOR NON-CONFORMING LOTS IN

SOUTH OROVILLE
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Item 10.

4. Waive first reading and introduce by title only Ordinance no. 1870 -- AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE
AMENDING MUNICIPAL CODE SECTION 17.28.020

ATTACHMENTS

1. August 25, 2022 Planning Commission Report

2. Notice of Exemption

3. Resolution No. 9105 approving ZC 22-04

4. Draft Ordinance 1870
181
Item 10.

City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org
PLANNING COMMISSION STAFF REPORT Thursday, August 25, 2022 RE: ZC22-04 Standards for Development of Non-Conforming Lots in South Oroville SUMMARY: The Oroville Planning Commission will review and consider recommending that the City Council revise OMC 17.28.020 (“Development Standards for residential districts”) in order to promote and provide flexibility in the development of existing non-conforming R-1 zoned lots in South Oroville. Many of the parcels in the neighborhood are sub-standard with respect to lot size and lot width, making them more difficult to develop than a conforming lot using existing regulations. The recommended amendments would reduce side and rear yard setbacks, increase allowable site coverage, and establish basic site planning principles for these properties.

RECOMMENDATION: Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed code changes;

2. Adopt Resolution No. P2022-13 Recommending that the City Council approve the Specified Changes to OMC 17.28.020.

APPLICANT: City of Oroville
LOCATION: Generally the South Oroville
Annexation Area, Attachment A to this
report.

GENERAL PLAN: N/A
ZONING: N/A
FLOOD ZONE: N/A
ENVIRONMENTAL DETERMINATION: The recommended Code Amendment is exempt from review under the California Environmental Quality Act (CEQA) under the “common sense” provision of the Act that CEQA applies only to those projects have the potential to create a significant impact on the environment.

REPORT PREPARED BY:
_
Mark Wolfe, AICP
NorthStar
REVIEWED BY:
_
Dawn Nevers, Assistant Director
Community Development Department
1 ATTACHMENT 1 182
Item 10.

DISCUSSION
The South Oroville neighborhood includes over 100 vacant lots zoned for single family development. In addition, there are roughly 50 lots with homes which have been abandoned. In virtually all cases, the underlying parcels do not meet the City’s requirements for either lot size, lot dimensions, or both. Most of the lots are 44-feet wide by 108 feet deep, resulting in properties of roughly 4,800 square feet.

City standards for the R-1 (Single Family Residential) zoning district require lots at least 50-feet wide and 5,000 square feet in size.

Development of these “non-conforming” lots in South Oroville can be challenging under the current City Code. For example, applying the minimum five-foot side yard setback requirement of the R-1 zone to one of the 44-wide lots results in a maximum building width of 34 feet. This limits the range of floorplans that can be used.

In addition, the Code limits the development of lots under 5,000 feet to a maximum site coverage, or building “footprint”, of 2,000 square feet, including the home’s garage. For conforming lots, the maximum coverage is 50% of the lot area. This means, for example, that development of one of the aforementioned 4,800 square foot lots would be limited to the 2,000 square foot coverage maximum, while a conforming 5,000 square foot lot could be developed with a structure with coverage up to 2,500 square feet.

In order to support and promote development and redevelopment of homes in the neighborhood, staff is recommending changes to certain Zoning Code standards.

The changes are not dramatic, but they will loosen up regulations that might inhibit new construction and redevelopment. To ensure that the neighborhood character and scale is preserved, regulation of garage setbacks is also proposed. No new processes or “red tape” are proposed.

This proposal is being made as part of a larger community-based effort to foster investment in the Southside neighborhood.

ANALYSIS
The recommended changes would apply only to the area delineated in Attachment A of this report, and are as follows:

Reduced Side Yard Setbacks: The City’s R-1 zoning standards require a five-foot side yard setback for main structures. With the narrow lots common in the neighborhood, this can limit flexibility in site planning for new homes, or for additions to existing ones.

The proposed change would reduce the minimum setback to three feet, so long as the aggregate of both side yards is at least eight feet. This will allow development of homes with four-foot setbacks on both sides, or, alternately, homes with a 2 183
Item 10.
narrower three-foot setback on one side and five on the other.

Reduced Rear Yard Setbacks: Existing standards require a 20-foot rear yard for main structures in the R-1 zone. The proposed setback is 15-feet. With the configuration and size of lots in the Southside, this will add to the overall ease of their development, and provide more opportunities for remodeling existing homes.

Increased Site Coverage Limit: Site coverage is the total “footprint” of structures on a site. For the R-1 district, the limit is generally 50% of the lot area. For a “standard” 5,000 square foot lot, this means a site coverage cap of 2,500 square feet.

Current standards, however, set a maximum site coverage of 2,000 square feet for any lot not meeting than the R-1 zone’s 5,000 square foot minimum. Thus, while a 5,000 square foot lot would enjoy a site coverage limit of 2,500 square feet, a 4,999 square foot lot would be limited to a maximum of 2,000 square feet.

The 2,000 square foot limit would apply all the way down to 4,000 square foot lots, at which point the 50% lot coverage limit would again apply (50% of 4,000 equals 2,000). Those lots ranging between 4,000 and 5,000 are thus the focus of the 2,000 square foot site coverage limit.

The overwhelming majority –roughly 93%-- of non-conforming lots in the Southside neighborhood are between 4,000 and 5,000 square feet in size. The 2,000 square foot limits the range of possible floor plan types, and also places constraints on accessory structures such as “granny” units and detached garages.

Elimination of the blanket 2,000 square foot cap for parcels between 4,000 and 5,000 square feet is recommended, which would leave the 50% maximum in place for all properties. This will mean that site coverage for these lots will range from 2,000 square feet to 2,500 square feet. The change will improve flexibility in site development without overwhelming these properties with structures.

Site Planning and Parking: The placement and footprints of buildings are currently regulated exclusively by setback requirements. The narrower than standard lot widths and the proposed reduced side yard setbacks create a situation where the front elevation of a house might be visually dominated by its garage, particularly if a two-car design. This could have an undesirable aesthetic effect on the “streetscape”, especially if two or more adjacent properties are developed in this fashion.

To address this potential issue, the recommended standards would require that two-garages be set back at least three feet behind the main building façade.

Alternately, single-car garages with tandem parking would be allowed. In these cases, the garage, as a much less prominent element of the building façade, would not need to be stepped back from the main structure.
3 184
Item 10.

GENERAL PLAN CONSISTENCY
The recommended code changes would advance the following General Plan Goals and Policies:

From the Vision Statement:
 New residential growth, whatever the size or location, will be carefully regulated by the City and will be required to meet high standards for quality, appearance and integration with existing neighborhoods. Much of the new growth in the City will occur as infill development sensitively designed to enhance the community’s character.

From the Guiding Principles:
 Livability. Ensure that future development enhances the existing character of our city as a whole, as well as its individual neighborhoods, and has a positive effect on our surroundings and quality of life.

From the Community Design Element (Principles):
 Block, Street, and Building. At this scale, the details of the built environment— defined both by architectural and landscaping details—are proportioned to the scale of a pedestrian. Block dimensions and building designs place equal emphasis on pedestrian and vehicular uses. These more detailed design principles are addressed in Oroville’s Development Code and Design Guidelines.  High-Quality Development. All types of development that follows smart growth principles can enhance the character of a neighborhood. In a smart growth neighborhood, retail buildings are located adjacent to sidewalks, framing the street’s public space and encouraging people to walk from shop to shop. They include architectural details that make the buildings more attractive and more compatible with the surrounding development. Single-family houses emphasize the front door frontage to the street rather than garages, and apartment buildings use varied building forms to give a sense of the individual dwelling units they contain. In addition, all types of development incorporate the principles of Crime Prevention through Environmental Design (CPTED) by delineating private and public spaces, enhancing visibility, controlling property access, and ensuring adequate property maintenance.

From the Community Design Element (Goals, Policies, and Actions):
 P1.1 Require quality architectural and landscaping design as well as durable and efficient materials for all projects.
4 185
Item 10.
 P3.2 Preserve the vital qualities of existing, stable residential neighborhoods, including a human scale, pedestrian orientation, ample landscaping and trees, attractive architecture, and materials that complement the historic character of existing buildings.
 P3.4 New development in existing residential neighborhoods shall reflect the existing scale and character of the neighborhood and shall be compatible in design.
 P4.2 New residential development shall reflect the human scale and pedestrianoriented character of existing neighborhoods in Oroville.  P4.5 Garage doors shall not dominate the street facing facades of residential buildings. Garages for new single-family houses, duplexes, and townhouses should be subordinate in visual importance to the living area and front entryways.

A number of different design strategies can achieve consistency with this policy, including locating garages towards the back of properties, constructing alleys, and placing the garages along the alleys, limiting the width of garages to two car spaces, building garages as separate structures from the house, requiring garages to be set back from the front façade of the house, building garages underneath the structure, and orientating garage doors at 90 degrees to the street.
 P4.6 A variety of architectural styles shall be provided within each neighborhood.

Within each neighborhood block, the exterior design of residential buildings shall be varied to provide visual interest to the streetscape.

From the Housing Element:
 Goal 2: Remove Constraints to Housing. The City of Oroville maintains a goal to remove constraints that could hinder the provision of housing.  Goal 4: Preserve, Rehabilitate, and Enhance Existing Housing and Neighborhoods. The City of Oroville maintains a goal to initiate all reasonable efforts to preserve the availability of existing housing opportunities and to conserve as well as enhance the quality of existing dwelling units and residential neighborhoods.
 Policy 2.1: Minimize constraints to the development of affordable housing through supportive codes, ordinances, policies, and guidelines. 5 186
Item 10.

FISCAL IMPACT
None.

ATTACHMENTS
A. Area Subject to Revised Standards (Figure 17.28.020-01) B. Draft Revised Version of Table 17.28.020-2
C. Typical Existing vs. Proposed Development Standards
D. Categorical Exemption
E. Resolution P2022-13
6 187
Item 10.
±
Figure 17.28.020-1 Extents of South Oroville R-1 Development Standards Data Source: Butte County, Bureau of Land
Managment, ESRI, HERE, Garmin,
GeoTechnologies, Inc., USGS, EPA, USDA
0 500 1,000
Feet
1 inch = 700 feet
111 MISSION RANCH BLVD., SUITE 100 CHICO, CA 95926
PHONE: (530) 893-1600 - www.NorthStarEng.com - © NorthStar Job No.
21-105
Date Created:
5/31/22
Created By:

TDA
Spatial Reference: 188
Item 10.

NAD 1983 CA State Plane Zone II

ATTACHMENT A
189
Item 10.

17.28.020 Development standards for
residential districts.

Development standards for residential districts shall be as shown in Table 17.28.020-1 and Table 17.28.020-2.

Table 17.28.020-2
Development Standards for UR-10, UR-5, RA, RR-1, RR-20 and RR-10 Districts Development
Standard UR-10 UR-5 RA RR-1 RR-20 RR-10
Lot Area, Minimum 10 acres1 5 acres2 2 acres 1 acre 20,000 sq. ft. 10,000 sq. ft.

Lot Width,
Minimum 330 feet 250 feet 150 feet 125 feet 100 feet 80 feet Height, Maximum3 40 feet 40 feet 40 feet 40 feet 40 feet 35 feet Setbacks, Minimum
Front 20 feet4 20 feet4 20 feet4 20 feet4 20 feet 4 20 feet4 Side 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
Rear 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
Site Coverage,
Maximum
20,000
sq. ft.
15,000
sq. ft.
12,000
sq. ft.
10,000
sq. ft.
40% or 8,000 sq. ft.,
whichever is greater
40% or 6,000 sq. ft.,
whichever is greater
1 See Section 17.28.020 for additional provisions regarding the measurement of lot area.
2 See Section 17.28.030 for additional provisions regarding the measurement of lot area.
3 Maximum heights apply to main buildings or structures. Height restrictions for accessory structures are in Section 17.12.070.
4 See Section 17.12.040 for additional provisions regarding setbacks.

Table 17.28.020-2
Development Standards for RL, R-1, R-2, R-3, R-4, and RP Districts Development Standard RL R-1
5, 6 R-2 R-3 R-4 RP
Lot Area, Minimum
Interior lot 8,000 sq. ft. 5,000 sq. ft.2 3,000 sq. ft.2 2,200 sq. ft.2 2,000 sq. ft.2 2,200 sq. ft.2 Corner lot 8,000 sq. ft. 6,000 sq. ft.2 4,000 sq. ft.2 3,000 sq. ft.2 2,500 sq. ft.2 3,000 sq. ft.2

ATTACHMENT B
190
Item 10.

Density, Minimum
As specified
in General
Plan
As specified
in General
Plan
As specified
in General
Plan
As specified
in General
Plan
As specified
in General
Plan
As specified
in General
Plan
Lot Width, Minimum
Interior lot 80 ft. 50 ft. 40 ft. 35 ft. 30 ft. 35 ft.

Corner lot 80 ft. 60 ft. 50 ft. 45 ft. 40 ft. 45 ft.

Height, Maximum3 30 ft. 30 ft. 35 ft. 45 ft. 50 ft. 45 ft.

Setbacks, Minimum1
Front 20 ft. 15 ft.; 20 ft.
for garages
10 ft.; 20 ft.
for garages
10 ft.; 20 ft.
for garages
10 ft.; 20 ft.
for garages
10 ft.; 20 ft.
for garages
Side, interior lot 5 feet4 5 feet4 5 feet4 5 feet4 5 feet4 5 feet4 Side, corner lot
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
Rear 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft.

Minimum distance
between detached
buildingsin dwelling
group
— — 10 ft. 10 ft. 10 ft. 10 ft.

Site Coverage,
Maximum 40% 50% 60% 65% 70% 65%
Courtyards, Minimum Width
Enclosed by buildings
on no more than 2 sides — — 10 ft. 10 ft. 10 ft. 10 ft.

Enclosed by buildings
on 3 or more sides — — 20 ft. 20 ft. 20 ft. 20 ft.
1 See Section 17.12.040 for additional provisions regarding setbacks. 2 The number of dwelling units constructed on a site shall not exceed the density permitted by the applicable general plan land use designation, except in cases where State law provides an exemption from this requirement, including second dwelling units and density bonus units.
3 Maximum heights apply to main buildings or structures. Height restrictions for accessory structures are in Section 17.12.070.
4 Where a side setback area provides access to a dwelling group, the minimum required side setback shall be 12 feet.
5 For sites in R-1 districts with less than the minimum lot area, the maximum site coverage shall be 2,000 square feet, except that in the South Oroville neighborhood area depicted in Figure 17.28.020-01, maximum lot coverage shall be 50%.
6 For existing R-1 zoned lots in the South Oroville area depicted in Figure 17.28.020-01 which do not meet minimum lot dimension or area requirements, the following standards shall apply:
191
Item 10.
a. Interior Side Yard Setbacks for Main Structure: Minimum of three feet, with an aggregate of minimum of eight feet (e.g., if one side yard is three feet, the other must be a minimum of five feet).
b. Rear Yard Setbacks for Main Structures: fifteen feet. c. Attached garages accessed from the street must be set back from the main building façade by at least three feet.
d. Single-Car garages with tandem parking may be used to meet on-site parking requirements.
192
Item 10.

SOUTH OROVILLE SMALL-LOT STANDARDS .

EXISTING REGULATIONS (TYP.) PROPOSED REGULATIONS (TYP.) 5'-0" 5'-0" 5'-0" 3'-0"
• 2000 SQ. FT. MAXIMUM SITE
COVERAGE.
• 5 FT. SIDEYARDS.
• 20 FT. REAR YARDS.
• GARAGE AND MAIN

STRUCTURE MAY BE AT SAME

SETBACK
• 50% MAXIMUM LOT COVERAGE
(2228 SQ. FT. FOR 4752 SQ. FT.

LOT)
• 3 FT. SIDEYARD, 8 FT. TOTAL
• 15 FT. REAR YARD
• MAIN STRUCTURE MUST
PROJECT AT LEAST 3 FT. FROM
GARAGE

ATTACHMENT C
20'-0"
20'-0"
20'-0"
15'-0"
3'-0"
193
Item 10.

NOTICE OF EXEMPTION
To: Office of Planning and Research
P.O. Box 3044
Sacramento, CA 95812-3044
From: City of Oroville
Community Development Department
1735 Montgomery St.

Oroville, CA 95965
County Clerk
County of Butte
155 Nelson Ave
Oroville, CA 95965
Project Title: Zoning Code Amendments Relating to Development Standards for Non-Conforming R-1 Zoned Properties in South Oroville
Project Location - Specific:

N/A (Amendments to Municipal Code)
Project Location - City: Oroville Project Location - County: Butte Description of Nature, Purpose, and Beneficiaries of Project:

Amendments to the City’s Zoning Code which would reduce setbacks, increase lot coverage, and establish site planning requirements for existing non-conforming lots in the South Oroville area. The project is being undertaken to reduce constraints to development and foster investment in the community.

Name of Public Agency Approving Project: City of Oroville Name of Person or Agency Carrying Out Project: City of Oroville Exempt Status:
 Ministerial (Sec. 21080(b)(1); 15268);
 Declared Emergency (Sec. 21080(b)(3) 15269(a));
 Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
 Categorical Exemption (type and section number);
 Statutory Exemption (state code number):
 Other (state code number): Section 15061(b)(3): Common Sense Exemption Reason why project is exempt:

This project would be exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3). This section is the “common sense” exemption that states that CEQA applies only to projects which the potential for causing a significant effect to the environment. It can be seen that, pursuant to this section, the proposed amendments would not result in a significant effect to the environment.

Lead Agency
Contact: Dawn Nevers Phone: (530)538-2495
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No Signature: Title: Date:
 Signed by Lead Agency
 Signed by Applicant Date received for filing at OPR:

ATTACHMENT D
194
Item 10.

RESOLUTION NO. P2022-13

A RESOLUTION OF INTENTION OF THE OROVILLE PLANNING COMMISSION

RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENTS TO TABLE

17.28.020-2 REGARDING DEVELOPMENT OF NON-CONFORMING R-1 ZONED

PROPERTIES IN THE SOUTH OROVILLE AREA
WHEREAS, the City of Oroville staff recommends a change to Chapter 17-28 of the City of Oroville Zoning Code relating to development standards for non-conforming R-1 zoned properties in the South Oroville area, as such area is depicted in Attachment “A” of this Resolution; and
WHEREAS, the recommended changes would revise setback, site coverage, and site planning requirements for such lots in order to facilitate their development; and WHEREAS, at a duly noticed public hearing, the Planning Commission considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the code changes described herein, and considered the City’s staff report regarding the project.

NOW, THEREFORE, BE IT RESOLVED BY THE OROVILLE PLANNING COMMISSION AS FOLLOWS:

SECTION 1. The Planning Commission determines:

A. That the proposed amendments are exempt from review under the California Environmental Quality Act pursuant to the “Common Sense” exemption, as it can be clearly seen that the amendments do not have the potential to result in a significant impact on the environment.

B. That the proposed amendments are consistent with the General Plan; and C. The proposed amendments are consistent with other applicable provisions of the Municipal Code and compatible with the uses authorized in the applicable zoning district for which the revisions are proposed.

SECTION 2. The Planning Commission hereby recommends that the City Council approve the Zoning Code Amendment ZC22-04 to the Oroville Municipal Code as set forth in Attachment B, Revisions to Table 17.28.020-2
*********
PASSED AND ADOPTED by the Planning Commission of the City of Oroville at a regular meeting on August 25, 2022, by the following vote:

AYES:

NOES:
1 ATTACHMENT E 195
Item 10.

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

Jackie Glover, Assistant City Clerk Carl Durling, Chairperson 2 196
Item 10.
±
Figure 17.28.020-1 Extents of South Oroville R-1 Development Standards Data Source: Butte County, Bureau of Land
Managment, ESRI, HERE, Garmin,
GeoTechnologies, Inc., USGS, EPA, USDA
0 500 1,000
Feet
1 inch = 700 feet
111 MISSION RANCH BLVD., SUITE 100 CHICO, CA 95926
PHONE: (530) 893-1600 - www.NorthStarEng.com - © NorthStar Job No.
21-105
Date Created:
5/31/22
Created By:

TDA
Spatial Reference: 197
Item 10.

NAD 1983 CA State Plane Zone II
ATTACHMENT A To Resolution P2022-XX
18 198
Item 10.

NOTICE OF EXEMPTION
To: Office of Planning and Research
P.O. Box 3044
Sacramento, CA 95812-3044
From: City of Oroville
Community Development Department
1735 Montgomery St.

Oroville, CA 95965
County Clerk
County of Butte
155 Nelson Ave
Oroville, CA 95965
Project Title: Zoning Code Amendments Relating to Development Standards for Non-Conforming R-1 Zoned Properties in South Oroville
Project Location - Specific:

N/A (Amendments to Municipal Code)
Project Location - City: Oroville Project Location - County: Butte Description of Nature, Purpose, and Beneficiaries of Project:

Amendments to the City’s Zoning Code which would reduce setbacks, increase lot coverage, and establish site planning requirements for existing non-conforming lots in the South Oroville area. The project is being undertaken to reduce constraints to development and foster investment in the community.

Name of Public Agency Approving Project: City of Oroville Name of Person or Agency Carrying Out Project: City of Oroville Exempt Status:
 Ministerial (Sec. 21080(b)(1); 15268);
 Declared Emergency (Sec. 21080(b)(3) 15269(a));
 Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
 Categorical Exemption (type and section number);
 Statutory Exemption (state code number):
 Other (state code number): Section 15061(b)(3): Common Sense Exemption Reason why project is exempt:

This project would be exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3). This section is the “common sense” exemption that states that CEQA applies only to projects which the potential for causing a significant effect to the environment. It can be seen that, pursuant to this section, the proposed amendments would not result in a significant effect to the environment.

Lead Agency
Contact: Dawn Nevers Phone: (530)538-2495
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No Signature: Title: Date:
 Signed by Lead Agency
 Signed by Applicant Date received for filing at OPR:

ATTACHMENT 2
199
Item 10.
1 RESOLUTION NO. 9105

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING ZONING CODE AMENDMENT ZC 22-04 TO AMEND OROVILLE MUNICIPAL CODE SECTION 17.28.020 (“DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICT”) FOR EXISTING NON-CONFORMING R-1 ZONED LOTS IN SOUTH OROVILLE.

WHEREAS, the City of Oroville is committed to collaborating with the community to implement its General Plan and advance the Plan’s policies for improving the community’s neighborhoods, including South Oroville; and WHEREAS, the City has determined that existing zoning regulations may impede development of the roughly 100 vacant, R-1 zoned properties in South Oroville which are sub-standard due to lot size or width; and
WHEREAS, the City has initiated this Code Amendment to foster investment in the South Oroville neighborhood; and
WHEREAS, the Oroville Planning Commission held a duly noticed public hearing to consider the proposed amendment on August 25, 2022, and unanimously adopted Resolution No. P2022-13, recommending its adoption by the City Council; and WHEREAS, at a duly noticed public hearing, the City Council considered the recommendation of the Planning Commission, public agencies, property owners, and members of the public who are potentially affected by the changes described herein, and also considered the City’s staff report regarding the proposed Amendment.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows:

1. This action has been determined to be exempt from California Environmental Quality Act (CEQA) review pursuant to Title 14, California Code of Regulations, Section 15061 (b)(3), the Act’s “Common Sense” or “General Rule” Exemption.

2. Section 17.28.020 of the Oroville Municipal shall be amended as recommended in Planning Commission Resolution No. P2022-13.

I HEREBY CERTIFY that the foregoing resolution was duly introduced and passed at a regular meeting of the City Council of the City of Oroville held on the 18th of October, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:
200
Item 10.
2 ABSENT:

ATTEST: APPROVE:
_______________________________ _______________________________

JACKIE GLOVER, ASSISTANT CITY CLERK CHUCK REYNOLDS, MAYOR 201
Item 10.

CITY OF OROVILLE
ORDINANCE NO. 1870

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CHANGE ZC 22-04 TO AMEND SECTION 17.28.020 (“DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS”) TO PROMOTE DEVELOPMENT OF EXISTING NON-CONFORMING R-1 ZONED LOTS IN SOUTH OROVILLE WHEREAS, the City of Oroville is committed to collaborating with the community to implement its General Plan and advance the Plan’s policies for improving the community’s neighborhoods, including South Oroville; and
WHEREAS, the City has determined that existing zoning regulations may impede development of the roughly 100 vacant, R-1 zoned properties in South Oroville which are substandard due to lot size or width; and WHEREAS, the City has initiated this Code Amendment to foster investment in the South Oroville neighborhood; and
WHEREAS, the Oroville Planning Commission held a duly noticed public hearing to consider the proposed amendment on August 25, 2022, and unanimously adopted Resolution No.

P2022-13, recommending its adoption by the City Council; and WHEREAS, at a duly noticed public hearing, the City Council considered the recommendation of the Planning Commission, public agencies, property owners, and members of the public who are potentially affected by the changes described herein, and also considered the City’s staff report regarding the proposed Amendment.

The Council of the City of Oroville do ordain as follows:

Section 1. Section 17.28.020 of the Oroville Municipal Code is amended as indicated in Exhibit 1 of this Ordinance.

Section 2. The geographic area to which the amended Development Standards are to apply is limited to that area depicted in Exhibit 2 of this Ordinance, which Attachment is adopted as Figure 17.28.020-1 of the Oroville Municipal Code.

Section 2. This ordinance shall become effective on December 1, 2022, or 30 days after the second reading is approved, whichever comes later.

Section 3. The City Clerk shall attest to the adoption of this ordinance. 202
Item 10.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on October 18, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor, Chuck Reynolds
APPROVED AS TO FORM: ATTEST:

City Attorney, Scott E Huber Assistant City Clerk, Jackie Glover 203
Item 10.

17.28.020 Development standards for
residential districts.

Development standards for residential districts shall be as shown in Table 17.28.020-1 and Table 17.28.020-2.

Table 17.28.020-2
Development Standards for UR-10, UR-5, RA, RR-1, RR-20 and RR-10 Districts Development
Standard UR-10 UR-5 RA RR-1 RR-20 RR-10
Lot Area, Minimum 10 acres1 5 acres2 2 acres 1 acre 20,000 sq. ft. 10,000 sq. ft.

Lot Width,
Minimum 330 feet 250 feet 150 feet 125 feet 100 feet 80 feet Height, Maximum3 40 feet 40 feet 40 feet 40 feet 40 feet 35 feet Setbacks, Minimum
Front 20 feet4 20 feet4 20 feet4 20 feet4 20 feet 4 20 feet4 Side 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
Rear 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
Site Coverage,
Maximum
20,000
sq. ft.
15,000
sq. ft.
12,000
sq. ft.
10,000
sq. ft.
40% or 8,000 sq. ft.,
whichever is greater
40% or 6,000 sq. ft.,
whichever is greater
1 See Section 17.28.020 for additional provisions regarding the measurement of lot area.
2 See Section 17.28.030 for additional provisions regarding the measurement of lot area.
3 Maximum heights apply to main buildings or structures. Height restrictions for accessory structures are in Section 17.12.070.
4 See Section 17.12.040 for additional provisions regarding setbacks.

Table 17.28.020-2
Development Standards for RL, R-1, R-2, R-3, R-4, and RP Districts Development Standard RL R-1
5, 6 R-2 R-3 R-4 RP
Lot Area, Minimum
Interior lot 8,000 sq. ft. 5,000 sq. ft.2 3,000 sq. ft.2 2,200 sq. ft.2 2,000 sq. ft.2 2,200 sq. ft.2 Corner lot 8,000 sq. ft. 6,000 sq. ft.2 4,000 sq. ft.2 3,000 sq. ft.2 2,500 sq. ft.2 3,000 sq. ft.2 EXHBIT 1: Ordinance 1870 204
Item 10.

Density, Minimum
As specified
in General
Plan
As specified
in General
Plan
As specified
in General
Plan
As specified
in General
Plan
As specified
in General
Plan
As specified
in General
Plan
Lot Width, Minimum
Interior lot 80 ft. 50 ft. 40 ft. 35 ft. 30 ft. 35 ft.

Corner lot 80 ft. 60 ft. 50 ft. 45 ft. 40 ft. 45 ft.

Height, Maximum3 30 ft. 30 ft. 35 ft. 45 ft. 50 ft. 45 ft.

Setbacks, Minimum1
Front 20 ft. 15 ft.; 20 ft.
for garages
10 ft.; 20 ft.
for garages
10 ft.; 20 ft.
for garages
10 ft.; 20 ft.
for garages
10 ft.; 20 ft.
for garages
Side, interior lot 5 feet4 5 feet4 5 feet4 5 feet4 5 feet4 5 feet4 Side, corner lot
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
5 ft.; 10 ft.
along any
street
frontage4
Rear 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. 20 ft.

Minimum distance
between detached
buildingsin dwelling
group
— — 10 ft. 10 ft. 10 ft. 10 ft.

Site Coverage,
Maximum 40% 50% 60% 65% 70% 65%
Courtyards, Minimum Width
Enclosed by buildings
on no more than 2 sides — — 10 ft. 10 ft. 10 ft. 10 ft.

Enclosed by buildings
on 3 or more sides — — 20 ft. 20 ft. 20 ft. 20 ft.
1 See Section 17.12.040 for additional provisions regarding setbacks. 2 The number of dwelling units constructed on a site shall not exceed the density permitted by the applicable general plan land use designation, except in cases where State law provides an exemption from this requirement, including second dwelling units and density bonus units.
3 Maximum heights apply to main buildings or structures. Height restrictions for accessory structures are in Section 17.12.070.
4 Where a side setback area provides access to a dwelling group, the minimum required side setback shall be 12 feet.
5 For sites in R-1 districts with less than the minimum lot area, the maximum site coverage shall be 2,000 square feet, except that in the South Oroville neighborhood area depicted in Figure 17.28.020-01, maximum lot coverage shall be 50%.
6 For existing R-1 zoned lots in the South Oroville area depicted in Figure 17.28.020-01 which do not meet minimum lot dimension or area requirements, the following standards shall apply:
205
Item 10.
a. Interior Side Yard Setbacks for Main Structure: Minimum of three feet, with an aggregate of minimum of eight feet (e.g., if one side yard is three feet, the other must be a minimum of five feet).
b. Rear Yard Setbacks for Main Structures: fifteen feet. c. Attached garages accessed from the street must be set back from the main building façade by at least three feet.
d. Single-Car garages with tandem parking may be used to meet on-site parking requirements.
206
Item 10.
±
Figure 17.28.020-1 Extents of South Oroville R-1 Development Standards 111 MISSION RANCH BLVD., SUITE 100 CHICO, CA 95926
PHONE: (530) 893-1600 - www.NorthStarEng.com - © NorthStar Data Source: Butte County, Bureau of Land
Managment, ESRI, HERE, Garmin,
GeoTechnologies, Inc., USGS, EPA, USDA
0 500 1,000
Feet
1 inch = 700 feet
Job No.
21-105
Date Created:
5/31/22
Created By:

TDA
Spatial Reference:

NAD 1983 CA State Plane Zone II
EXHIBIT 2: Ordinance No. 1870
207
Item 10.

CITY OF OROVILLE

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

MARK WOLFE, AICP, NORTHSTAR
RE: ZC22-05: AMENDMENT OF OROVILLE MUNICIPAL CODE SECTION

17.48.100 (“SUBSTANDARD LOTS”)
DATE: OCTOBER 18, 2022

SUMMARY
The City Council may consider amending Municipal Code Section 17.48.100 (“Substandard Lots”) in order to eliminate unenforceable provisions which require lot line adjustments or lot mergers as a prerequisite to development of substandard lots. The Planning Commission has recommended approval, and no issues have been identified.

DISCUSSION
The recommended amendment would eliminate a requirement that with respect to substandard lots, they may be developed only if:
“The lots or parcels cannot be made to conform to current requirements by combination with or modification of adjacent lots of parcels under the same ownership.” Because this “adjust or merge” requirement would treat some property owners (i.e., those who own adjoining properties) different from others, it conflicts with the Constitutional right to equal protection under the law and is thus unenforceable.

Details regarding the amendments can be found in Attachment 1, staff’s report to the Planning Commission on this matter.

FISCAL IMPACT
None

RECOMMENDATION
The Planning Commission and Staff recommend the following actions:

1. Conduct a Public Hearing

2. Adopt the recommended Categorical Exemption

208
Item 11.

3. Adopt Resolution No. 9104 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CODE AMENDMENT ZC 22-05 REGARDING AMENDMENT OF OROVILLE MUNCIPAL CODE SECTION 17.48.100

4. Waive first reading and introduce by title only Ordinance no. 1869 -- AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING MUNICIPAL CODE SECTION 17.48.100

ATTACHMENTS

1. September 29, 2022 Planning Commission Report

2. Notice of Exemption

3. Resolution No. 9104 approving ZC 22-05

4. Draft Ordinance 1869

209
Item 11.

City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org
PLANNING COMMISSION STAFF REPORT Thursday, September 29, 2022 RE: ZC22-05 Amendment of Section 17.48.100 (“Substandard lots”) of Oroville Municipal Code
SUMMARY: The Oroville Planning Commission will review and consider recommending that the City Council revise OMC 17.48.100 (“Substandard lots”) to support development of existing parcels which do not meet lot size or dimension requirements. This section of the Code currently requires that if development of such a parcel is proposed, and if the owner of that parcel also owns an adjacent property, the owner must first either adjust lot lines or combine the two parcels into one so that minimum lot size and dimensional standards are met. This requirement would impede development of substandard lots, and is not legally enforceable. Staff is recommending that it be deleted.

RECOMMENDATION: Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed code amendment;

2. Adopt Resolution No. P2022-17 Recommending that the City Council approve the recommended change to OMC 17.48.100(A)(2).

APPLICANT: City of Oroville
LOCATION: Citywide GENERAL PLAN: N/A
ZONING: N/A
FLOOD ZONE: N/A
ENVIRONMENTAL DETERMINATION: The recommended Code Amendment is exempt from review under the California Environmental Quality Act (CEQA) under the “common sense” provision of the Act that CEQA applies only to those projects have the potential to create a significant impact on the environment.

REPORT PREPARED BY:
_
Mark Wolfe, AICP
NorthStar
REVIEWED BY:
_
Dawn Nevers, Assistant Director
Community Development Department
1 ATTACHMENT 1
210
Item 11.

DISCUSSION
The existing requirement for adjustment of lot lines or merging of two adjacent parcels as a prerequisite to development of a substandard lot is borne from the principle that the Municipal Code should operate so as to achieve compliance with its standards. In this case, however, the subject Code section is not enforceable from a legal standpoint, and could prevent or discourage development in the community.

From a legal perspective, the “adjust or merge” requirement is not enforceable.

Because the requirement would treat some property owners (i.e., those who own adjoining properties) differently from others (those who do not), this section of the Code conflicts with the Constitutional right to equal protection under the law.

While the proposed change would apply to all properties in the city, the South Oroville neighborhood includes a significant number of vacant, substandard lots.

Many of these lots adjoin one another, and are sometimes in groups of two or more parcels. The City is working with the local community to encourage and support new development in the neighborhood. The recommended Code revision would align it with sound legal principles, and eliminate the possibility of this matter becoming an unnecessary issue should an owner of such properties seek to improve them.

ANALYSIS
The recommended Code Amendment would eliminate an unenforceable provision that may conflict with the City’s goal to encourage investment in the community.

FISCAL IMPACT
None.

ATTACHMENTS
A. Excerpted Code Section indicating verbiage to be deleted B. Categorical Exemption
C. Resolution No. 2022-17
2 211
Item 11.

17.48.100 Substandard lots.

A. General. In any zoning district, lots or parcels that do not meet this chapter’s requirements for minimum lot area or lot dimensions may be developed or occupied by the uses permitted in that district, provided that:

1. The lots or parcels were created in compliance with any applicable laws in effect at the time of their creation.

2. The lots or parcels cannot be made to conform to current requirements by combination with or modification of adjacent lots or parcels under the same ownership.

B. Conformance with Current Requirements. Any building or structure that is erected on a nonconforming lot shall conform to all current requirements for setbacks, heights and floor area ratios (FAR), as well as any other applicable requirements of this title.

C. Number of Dwelling Units. In any residential zoning district that has a requirement for minimum lot area per dwelling unit and allows duplexes or multiple-family dwellings, no more than one dwelling unit may be erected on a lot or parcel that does not have the required minimum lot area per dwelling unit. (Ord. 1749 § 4)
ATTACHMENT A 212
Item 11.

NOTICE OF EXEMPTION
To: Office of Planning and Research
P.O. Box 3044
Sacramento, CA 95812-3044
From: City of Oroville
Community Development Department
1735 Montgomery St.

Oroville, CA 95965
County Clerk
County of Butte
155 Nelson Ave
Oroville, CA 95965
Project Title: Elimination of Municipal Code 17.48.100 (A) (2) Project Location - Specific:

N/A (Amendments to Municipal Code)
Project Location - City: Oroville Project Location - County: Butte Description of Nature, Purpose, and Beneficiaries of Project:

Approved elimination of ordinance 17.48.100 (a) (2) of Oroville’s Municipal Code would allow owners to utilize their non-uniform parcels without the requirement of modifying or combining with adjacent lots which are under the same ownership.

Name of Public Agency Approving Project: City of Oroville Name of Person or Agency Carrying Out Project: City of Oroville Exempt Status:
 Ministerial (Sec. 21080(b)(1); 15268);
 Declared Emergency (Sec. 21080(b)(3) 15269(a));
 Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
 Categorical Exemption (type and section number);
 Statutory Exemption (state code number):
 Other (state code number): Section 15061(b)(3): Common Sense Exemption Reason why project is exempt:

This project would be exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3). This section is the “common sense” exemption that states that CEQA applies only to projects which the potential for causing a significant effect to the environment. It can be seen that, pursuant to this section, the proposed elimination of Ordinance 17.48.100(a)(2) would not result in a significant effect to the environment.

Lead Agency
Contact: Dawn Nevers Phone: (530)538-2495
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No Signature: Title: Date:
 Signed by Lead Agency
 Signed by Applicant Date received for filing at OPR:

ATTACHMENT B
213
Item 11.

RESOLUTION NO. P2022-17

A RESOLUTION OF THE OROVILLE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL AMEND THE CITY’S MUNICIPAL CODE TO DELETE SECTION 17.48.100(A)(2)
WHEREAS, Section 17.48.100(A)(2) of the City’s Municipal Code currently requires as a prerequisite to development that lot lines of adjacent, substandard lots under one ownership be either adjusted, or that that the lots be merged, so as to create conforming parcels; and
WHEREAS, such a requirement is not legally defensible, and would conflict with the City’s goals to encourage new development and economic vitality in the community; and
WHEREAS, at a duly noticed public hearing, the Planning Commission considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the code change described herein, and considered the City’s staff report regarding the proposed amendment.

NOW, THEREFORE, BE IT RESOLVED BY THE OROVILLE PLANNING COMMISSION AS FOLLOWS:

SECTION 1. The Planning Commission determines:

A. That the proposed amendment is exempt from review under the California Environmental Quality Act pursuant to the “Common Sense” exemption, as it can be clearly seen that the amendments do not have the potential to result in a significant impact on the environment.

B. That the proposed amendment is consistent with and would advance the objectives of the General Plan; and
C. The proposed amendment is consistent with other applicable provisions of the Municipal Code.

SECTION 2. The Planning Commission hereby recommends that the City Council approve the Zoning Code Amendment ZC22-05 to the Oroville Municipal Code as set forth in Attachment A, Revisions to Municipal Code Section 17.48.100. *********
PASSED AND ADOPTED by the Planning Commission of the City of Oroville at a regular meeting on September 22, 2022, by the following vote:

AYES:
1 ATTACHMENT C 214
Item 11.

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

Jackie Glover, Assistant City Clerk Carl Durling, Chairperson 2 215
Item 11.

17.48.100 Substandard lots.

A. General. In any zoning district, lots or parcels that do not meet this chapter’s requirements for minimum lot area or lot dimensions may be developed or occupied by the uses permitted in that district, provided that:

1. The lots or parcels were created in compliance with any applicable laws in effect at the time of their creation.

2. The lots or parcels cannot be made to conform to current requirements by combination with or modification of adjacent lots or parcels under the same ownership.

B. Conformance with Current Requirements. Any building or structure that is erected on a nonconforming lot shall conform to all current requirements for setbacks, heights and floor area ratios (FAR), as well as any other applicable requirements of this title.

C. Number of Dwelling Units. In any residential zoning district that has a requirement for minimum lot area per dwelling unit and allows duplexes or multiple-family dwellings, no more than one dwelling unit may be erected on a lot or parcel that does not have the required minimum lot area per dwelling unit. (Ord. 1749 § 4)
ATTACHMENT A to Resolution
P2022-17
216
Item 11.

NOTICE OF EXEMPTION
To: Office of Planning and Research
P.O. Box 3044
Sacramento, CA 95812-3044
From: City of Oroville
Community Development Department
1735 Montgomery St.

Oroville, CA 95965
County Clerk
County of Butte
155 Nelson Ave
Oroville, CA 95965
Project Title: Elimination of Municipal Code 17.48.100 (A) (2) Project Location - Specific:

N/A (Amendments to Municipal Code)
Project Location - City: Oroville Project Location - County: Butte Description of Nature, Purpose, and Beneficiaries of Project:

Approved elimination of ordinance 17.48.100 (a) (2) of Oroville’s Municipal Code would allow owners to utilize their non-uniform parcels without the requirement of modifying or combining with adjacent lots which are under the same ownership.

Name of Public Agency Approving Project: City of Oroville Name of Person or Agency Carrying Out Project: City of Oroville Exempt Status:
 Categorical Exemption (type and section number);
 Statutory Exemption (state code number):
 Other (state code number): Section 15061(b)(3): Common Sense Exemption Reason why project is exempt:

This project would be exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3). This section is the “common sense” exemption that states that CEQA applies only to projects which the potential for causing a significant effect to the environment. It can be seen that, pursuant to this section, the proposed elimination of Ordinance 17.48.100(a)(2) would not result in a significant effect to the environment.

Lead Agency
Contact: Dawn Nevers Phone: (530)538-2495
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?  Yes  No
Signature: ____________________ Title: _______________________ Date: ______________  Signed by Lead Agency
 Signed by Applicant Date received for filing at OPR: ___________ ATTACHMENT 2
217
Item 11.

RESOLUTION NO. 9104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING ZONING CODE AMENDMENT ZC 22-05 TO AMEND OROVILLE MUNICIPAL CODE SECTION 17.48.100 (“SUBSTANDARD LOTS”) TO ELIMINATE UNENFORCEABLE REQUIREMENTS WHEREAS, the City of Oroville is committed to collaborating with the community to implement its General Plan and advance the Plan’s goals and policies for economic development and streamlining the development review process; and WHEREAS, the City has determined that Section 17.28.100 of the Oroville Municipal Code, to the extent that it requires lot line adjustments or lot mergers of substandard lots as a prerequisite to development when such lots are under the same ownership, conflicts with these goals and policies; and
WHEREAS, this requirement is not legally enforceable; and WHEREAS, the Oroville Planning Commission held a duly noticed public hearing to consider the proposed amendment on September 29, 2022, and unanimously adopted Resolution No. P2022-17, recommending its adoption by the City Council; and WHEREAS, at a duly noticed public hearing, the City Council considered the recommendation of the Planning Commission, public agencies, property owners, and members of the public who are potentially affected by the changes described herein, and also considered the City’s staff report regarding the proposed Amendment.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL as follows:

1. This action has been determined to be exempt from California Environmental Quality Act (CEQA) review pursuant to Title 14, California Code of Regulations, Section 15061 (b)(3), the Act’s “Common Sense” or “General Rule” Exemption.

2. Section 17.48.100 of the Oroville Municipal Code shall be amended as recommended in Planning Commission Resolution No. P2022-17.

I HEREBY CERTIFY that the foregoing resolution was duly introduced and passed at a regular meeting of the City Council of the City of Oroville held on the 18th of October, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:
218
Item 11.

ABSENT:

ATTEST: APPROVE:
___________________________________ ________________________

JACKIE GLOVER, ASSISTANT CITY CLERK CHUCK REYNOLDS, MAYOR 219
Item 11.

CITY OF OROVILLE
ORDINANCE NO. 1869

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CHANGE ZC 22-05 TO AMEND SECTION 17.28.100 (“SUBSTANDARD LOTS”) TO ELIMINATE UNENFORCEABLE REQUIREMENTS
WHEREAS, the City of Oroville is committed to collaborating with the community to implement its General Plan and advance the Plan’s goals policies for economic development and streamlining the development review process; and
WHEREAS, the City has determined that Section 17.28.100 of the Oroville Municipal Code, to the extent that it requires lot line adjustments or lot mergers of substandard lots as a prerequisite to development when such lots are under the same ownership, conflicts with these goals and policies, and the Constitutional right to Due Process; and WHEREAS, the noted requirement is not legally enforceable; and WHEREAS, the Oroville Planning Commission held a duly noticed public hearing to consider the proposed amendment on September 29, 2022, and unanimously adopted Resolution No. P2022-17, recommending its adoption by the City Council; and WHEREAS, at a duly noticed public hearing, the City Council considered the recommendation of the Planning Commission, public agencies, property owners, and members of the public who are potentially affected by the changes described herein, and also considered the City’s staff report regarding the proposed Amendment.

The Council of the City of Oroville do ordain as follows:

Section 1. Section 17.28.100 of the Oroville Municipal Code is amended as indicated in Exhibit 1 to this Ordinance.

Section 2. This ordinance shall become effective on December 1, 2022, or 30 days after the second reading is approved, whichever comes later.

Section 3. The City Clerk shall attest to the adoption of this ordinance.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on October 18, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
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Mayor, Chuck Reynolds
APPROVED AS TO FORM: ATTEST:

City Attorney, Scott E Huber Assistant City Clerk, Jackie Glover 221
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EXHIBIT 1

17.48.100 Substandard lots.

A. General. In any zoning district, lots or parcels that do not meet this chapter’s requirements for minimum lot area or lot dimensions may be developed or occupied by the uses permitted in that district, provided that:

1. The lots or parcels were created in compliance with
any applicable laws in effect at the time of their creation.

2. The lots or parcels cannot be made to conform to
current requirements by combination with or modification of adjacent lots or parcels under the same ownership.

B. Conformance with Current Requirements. Any building or structure that is erected on a nonconforming lot shall conform to all current requirements for setbacks, heights and floor area ratios (FAR), as well as any other applicable requirements of this title.

C. Number of Dwelling Units. In any residential zoning district that has a requirement for minimum lot area per dwelling unit and allows duplexes or multiple-family dwellings, no more than one dwelling unit may be erected on a lot or parcel that does not have the required minimum lot area per dwelling unit. (Ord. 1749 § 4) 222
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10/18/22 Monthly Report Page 1 of 3

OROVILLE CITY COUNCIL

MONTHLY REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS

TOM LANDO, CITY ADMINISTRATOR
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: POLICE DEPARTMENT MONTHLY REPORT FOR SEPTEMBER 2022 DATE: OCTOBER 18, 2022

SUMMARY
The Council will receive a monthly report regarding the activities, and general information for the Police Department.

Staffing:

Positions Total
staffed
Total
Authorized
Total Vacant
Police Officer 20 29 9
Dispatcher 5 7 2
Municipal Law
Enforcement 8 9 1
Administrative
Personnel 2 4 2

Department Activity:

Events Year to Date
2022
Average Response
Time for Crimes
against persons
*Priority 1 crimes
Average Response
Time for all types of
calls for Service
National Average
Response Time
31,857 3:31 minutes 6:03 minutes 8 - 11 minutes
Patrol Checks and Park Patrols:

Patrol Checks
September 2022 162
Year to Date 2,145
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10/18/22 Monthly Report Page 2 of 3
Parking Enforcement Citations Issued:

September 2022 Year to Date 2022 September 2021 Year to date 2021 26 134 3 73
Police Activity:

Arrest
September
2021
September
2022
Year to date
2021
Year to date 2022
Misdemeanor 122 78 1,178 895
Felony 51 31 496 369
Citations
September
2021
September
2022
Year to date
2021
Year to date 2022
62 49 772 495
Uniform Crime Reporting:

Crimes of Violence September 2022 Year to Date
JANUARY – DECEMBER
Homicide 0 2
Rape 0 6
Robbery 0 17
Aggravated Assault 3 26
SPCA Statics:

Service Calls by Priority:

Priority Level Number of Calls Total Minutes per call
type
Average response times
Urgent 13 63 4.38
Priority 42 276 6.57
At Officer Convenience 20 119 5.96
After Hours 22 165 7.50
Animal Intake and Outcome Stats:

Total Animals taken
in from City
Total Animals
outgoing
Cats Dogs Other Bird Livestock
85 78 44 37 3 1 0
*The remaining difference from intakes to outcome total represents animals that have not yet had an outcome and are still in the facility.
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10/18/22 Monthly Report Page 3 of 3
Animal Outcomes:

Outcome Type Totals Dogs Cats Livestock Birds Other
Adoption 11 8 2 0 1 0
Died 3 1 2 0 0 0
Disposal 10 0 5 0 0 5
Euthanasia 42 10 29 0 0 3
RTO 12 12 0 0 1 0
Transfer 0 0 0 0 0 0
Found Exp 0 0 0 0 0 0
*Others are wild animals such as bats, skunks, snakes, possums, etc….

SPCA After-hours call outs:

September 2022
22 Shoes for Kids:

Shoes Provided Socks Provided
1 1 Pkg
This program provides shoes and socks for children of our community. This program is funded by Department member donations and community donations.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATIONS
None
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