Agenda packet — Oroville City Council, April 4, 2023 (part 2 of 2)

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: TRANSFER OF BEDROCK PARK PARCEL FROM FEATHER RIVER
RECREATION AND PARKS DISTRICT TO THE CITY OF OROVILLE:

APN 035-290-019
DATE: APRIL 4, 2023

SUMMARY
The Council may consider acceptance of Assessor’s Parcel Number 035-290-019 containing a portion of the Bedrock parking lot, from Feather River Recreation and Parks District (FRRPD) to the City of Oroville.

BACKGROUND
On September 6th, 1988, the City of Oroville entered into a Master Agreement No. 917-88 with FRRPD and approved the transfer of a number of parcels to the FRRPD. The agreement consisted of Riverbend Park parcels, Mitchell Field Complex (including Harrison Stadium), the Bedrock tennis courts parcel, the parcel containing the Bedrock, and others. Other parcels that were specifically recreational that were not deeded to FRRPD were leased until 1993 when they were to be deeded. The City and FRRPD have maintained an MOU, Exhibit A of the Master Agreement, for the mutual maintenance and upkeep of the Feather River Trail, trees, tennis courts, park, picnic area, restrooms, parking lots and more.

Until recently, City staff was under the impression that the parcel containing the upper parking lot and restrooms was owned by the City.

DISCUSSION
The City Parks & Trees Department has been maintaining Bedrock Park for many years. The City is making efforts to be more financially stable and has contracted with Melton Design to prepare improvement plans for Bedrock Park and the Feather River Trail that will increase recreational opportunities for the community and visitors.

On September 7, 2021, The City Council approved Resolution No. 8988, authorizing the execution of all title and escrow documents related to the transfer of Feather River Recreation and Parks district parcel numbers 035-290-018 and 035-290-040. It was later discovered the third parcel 035-290-019 was necessary to transfer to the City of Oroville to complete a contiguous connection of parcels throughout Bedrock Park. 131
Item 6.

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At their September 27, 2022, board meeting, the FRRPD Board approved the transfer of all three parcels to the City of Oroville for $1.00 per parcel and the City will assume the Title and Escrow costs.

FISCAL IMPACT
Expenditures will come from the General Fund in an estimated amount of $1000.00 for the transfer of the third parcel.

RECOMMENDATION
Adopt Resolution No. 9131 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORING AND DIRECTING THE MAYOR TO EXECUTE ALL TITLE AND ESCROW

DOCUMENTS RELATED TO THE TRANSFER OF ONE FEATHER RIVER RECREATION AND PARKS DISTRICT PROPERTY; APN: 035-290-019, TO THE CITY OF OROVILLE

ATTACHMENTS
A- Resolution No. 9131
B- FRRPD Letter of Intent to Deed Three Properties
C- Parcel Map of Subject Parcel
132
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9131

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORING AND

DIRECTING THE MAYOR TO EXECUTE ALL TITLE AND ESCROW

DOCUMENTS RELATED TO THE TRANSFER OF ONE FEATHER RIVER
RECREATION AND PARKS DISTRICT PROPERTY; APN: 035-290-019, TO

THE CITY OF OROVILLE
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute all title and escrow documents related to the transfer of Feather River Recreation and Parks District owned property; APN:
035-290-019, to the City of Oroville

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 April 4, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
____
Scott Huber, City Attorney Jackie Glover, Assistant City Clerk 133
Item 6.
134
Item 6.
135
Item 6.

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CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: RATIFICATION OF ADDITIONAL REMEDIATION AND REPAIRS AT 33

CANYON HIGHLANDS DRIVE
DATE: APRIL 4, 2023

SUMMARY
The City Council is requested to ratify additional remediation work which was required to clear a home of mold spores due to a water leak at 33 Canyon Highlands Drive.

DISCUSSION
On September 21, 2022, staff was notified that there was water damage at City-owned 33 Canyon Highlands Drive. The property is currently occupied by a Lease to Purchase tenant who is in the process of purchasing the home. Emergency remediation, testing and repair work has been ongoing and is nearly complete. However, during the testing, mold spores were identified in the air and additional mold remediation work was needed in the house, including the hall bathroom, water heater closet, bedroom 2 and bedroom

3. FISCAL IMPACT
There is no General Fund Impact. Approximately $6,173.92 was paid from Fund 221, Housing Program Fund. The Fund balance available prior to the expenditure was $954,353

RECOMMENDATION
Staff recommends Council ratify the expenditures that were made for this emergency remediation at 33 Canyon Highlands Dr.

ATTACHMENTS
A-Estimate for additional Remediation work performed
136
Item 7.

CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
Insured: City of Oroville Home: (530) 538-2495
E-mail: [email protected] Property: 33 Canyon Highlands Drive Oroville, CA 95969
Claim Rep.: Curtis Simpson Business: (530) 513-9014
Company: CRBR Property Damage Services
Estimator: Josh Johnson Business: (530) 891-0333 x 2106 Position: Mitigation Estimator E-mail: [email protected] Company: CRBR Property Damage Services
Contractor: Business: (530) 891-0333
Company: CRBR - Property Damage Services E-mail: [email protected] Business: 2684 Hwy 32 Suite 100
Chico, CA 95973
Claim Number: Policy Number: Type of Loss: Mold
Date of Loss: Date Received:

Date Inspected: Date Entered: 1/18/2023 8:47 AM
Price List: CASA8X_JAN23
Restoration/Service/Remodel
Estimate: CJC-4411-4
CRBR Property Damage Services
Mold Remediation Estimate
Remediation Steps: The following estimate is to remediate the microbial growth with procedures and practices standard with IICRC S520 guidelines for mold remediation.

We will contain the work area under negative air pressure during all remediation activities, remove all contaminated finish materials, sanding and sealing as needed, HEPA vacuuming and wiping down all structural components with a sanitizing anti-microbial, followed by 72 hours of HEPA air scrubbing. A third party Industrial Hygienist will perform clearance testing to ensure all air quality and visual inspections are within satisfactory ranges for safe occupancy. The costs of this testing are not included in this bid and are the reasonability of the homeowner directly to the testing company.

If you have any questions or concerns please feel free to call us at any time.

Joshua Johnson
Mitigation Estimator
530-891-0333 ext 2106
530-855-0113| [email protected]
137
Item 7.

DESCRIPTION QTY RESET REMOVE REPLACE TAX TOTAL
Supervisor inspection & scheduling 1.00 EA 0.00 233.04 0.00 233.04 Add for HEPA filter (for negative air 0.50 EA 0.00 205.08 7.53 110.07 exhaust fan)
Line item for usage of the HEPA filter's life expectancy at 0.25 material usage over 3 days, with 2 HEPA filtered negative fans the material usage comes to 0.50.

Add for HEPA filter (for 1.00 EA 0.00 82.26 4.93 87.19
canister/backpack vacuums)
Line item for usage of the HEPA vacuum filter's life expectancy. This is for usage of 2 canister vacuum HEPA filters used to vacuum demolition debris and all surfaces in the affected area.

Negative air fan/Air scrubber (24 hr 6.00 DA 0.00 81.00 0.00 486.00 period) - No monit.

Line item for 24 hour "run time" of 2 medium sized negative air fan, 1st stage filter, 2nd stage filter (if applicable) at 3 days each for a total of 6 days run time.

Excludes: HEPA filter and setup, take down, monitoring.

Containment Barrier/Airlock/Decon. 345.00 SF 0.00 1.27 4.55 442.70 Chamber
Material and labor cost to install, tape and remove 400 SF of polyethylene sheeting to prevent the migration of contaminated particulates outside of the workspace.

Peel & seal zipper 2.00 EA 0.00 14.79 1.53 31.11
Containment Barrier - tension post (per 9.00 DA 0.00 3.30 0.00 29.70 day)
Daily equipment charge for 3 tension rods/posts used to support containment for an estimated 3 days of use each totaling 9 days of equipment usage.

Respirator cartridge - HEPA & vapor 3.00 EA 0.00 34.29 8.49 111.36 & gas (per pair)
Add for personal protective equipment 9.00 EA 0.00 13.53 9.97 131.74 (hazardous cleanup)
Cost includes disposable coveralls, tape, gloves, and mask. With 2 technicians having 2 breaks and a lunch the total PPE outfits used comes to 6.

Eye protection - plastic goggles - 9.00 EA 0.00 13.12 9.74 127.82 Disposable
Hazardous Waste/Mold Cleaning 24.00 HR 0.00 101.34 0.00 2,432.16 Technician - per hour
Hourly labor rate for 3 hazardous waste/mold cleaning technician to HEPA vacuum and wipe down all surfaces with a sanitizing antimicrobial.

With 3 technicians at 8 hours each the total labor hours comes to 24.

Equipment decontamination charge - 4.00 EA 0.00 55.56 1.61 223.85 per piece of equipment
Labor cost to wash/wipe down contaminated equipment that can easily be removed with moderate scrubbing and/or minimal cleaning. Includes 2 negative air machines and 1 HEPA vacuum.

Equipment setup, take down, and 2.00 HR 0.00 83.10 0.00 166.20 monitoring (hourly charge)
138
Item 7.
3 CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 3
CONTINUED - Mold Remediation

DESCRIPTION QTY RESET REMOVE REPLACE TAX TOTAL
Labor to return to the jobsite once clearance test results are obtained to inspect, breakdown and remove equipment as well as performing a final walk-through totaling 2 hours.

Totals: Mold Remediation 48.35 4,612.94
Main Level
Bed 2 Closet
Bedroom 2
Bed 3 Closet
Living Room
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
Bedroom 3
Bedroom 1
Vanity (B2)
Bed 2 Closet
Bedroom 2
Bed 3 Closet
Living Room
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
Bedroom 3
Bedroom 1
Vanity (B2)
1' 9"
2' 6" 2' 4"
2' 2"
4"
2"
7' 6"
7' 10"
4' 10"
5' 4"
5' 5"
Hall Bath Height: 8'
168.17 SF Walls
204.42 SF Walls & Ceiling

4.03 SY Flooring

24.67 LF Ceil. Perimeter

36.25 SF Ceiling

36.25 SF Floor

18.00 LF Floor Perimeter
Door 2' 6" X 6' 8" Opens into HALLWAY

DESCRIPTION QTY RESET REMOVE REPLACE TAX TOTAL
Toilet - Detach 1.00 EA 0.00 74.30 0.07 74.37
Tear out wet drywall, cleanup, bag, per 2.00 LF 5.33 0.00 0.06 10.72 LF - up to 2' tall
Clean floor 15.00 SF 0.00 0.71 0.01 10.66
Apply plant-based anti-microbial agent 19.00 SF 0.00 0.39 0.08 7.49 to the surface area
Totals: Hall Bath 0.22 103.24
Bed 2 Closet
Bed 3 Closet
Living R
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
room 3
Bedroom 1
Vanity (B2)
Bed 2 Closet
Bed 3 Closet
Living R
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
room 3
Bedroom 1
Vanity (B2)
3" 1' 6" 5"1' 9"
2'
1' 11"
2' 1"
Water Heater Closet Height: 8'

50.00 SF Walls

53.50 SF Walls & Ceiling

0.39 SY Flooring

7.50 LF Ceil. Perimeter

3.50 SF Ceiling

3.50 SF Floor

6.00 LF Floor Perimeter
Door 1' 6" X 6' 8" Opens into HALLWAY

DESCRIPTION QTY RESET REMOVE REPLACE TAX TOTAL
Detach & Reset Water heater - 40 1.00 EA 790.60 0.00 0.00 0.00 790.60 gallon - Gas - 9 yr
Water heater overflow drain pan 1.00 EA 0.00 63.84 2.00 65.84 139
Item 7.

DESCRIPTION QTY RESET REMOVE REPLACE TAX TOTAL
Water heater seismic strap kit - up to 1.00 EA 0.00 75.37 1.54 76.91 55 gallon
Furnace vent - aluminum, 4" 1.00 LF 0.00 17.07 0.65 17.72 Flexible gas supply line connector - 1.00 EA 0.00 38.21 1.82 40.03 1/2" - up to 24"
Water heater connector line - 3/4" 2.00 EA 0.00 67.99 2.52 138.50 flexible tubing
Tear out non-salvageable vinyl, cut & 3.50 SF 2.15 0.00 0.02 7.55 bag for disposal
Apply plant-based anti-microbial agent 3.50 SF 0.00 0.39 0.01 1.38 to the floor
Clean floor 3.50 SF 0.00 0.71 0.00 2.49
Totals: Water Heater Closet 8.56 1,141.02
Bed 2 Closet
Bedroom 2
Bed 3 Closet
Living Room
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
Bedroom 3
Bedroom 1
Vanity (B2)
Bed 2 Closet
Bedroom 2
Bed 3 Closet
Living Room
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
Bedroom 3
Bedroom 1
Vanity (B2)
11' 8"
11' 2"
8' 6"
9'
2' 6" 1' 9"
2' 1"1' 9" 2' 6" 7"
8' 8" Bedroom 2 Height: 8'
281.33 SF Walls
376.25 SF Walls & Ceiling

10.55 SY Flooring

39.33 LF Ceil. Perimeter

94.92 SF Ceiling

94.92 SF Floor

34.33 LF Floor Perimeter
Door 2' 6" X 6' 8" Opens into BED_2_CLOSET
Door 2' 6" X 6' 8" Opens into HALLWAY

DESCRIPTION QTY RESET REMOVE REPLACE TAX TOTAL
Tear out wet non-salvageable carpet, 47.46 SF 0.87 0.00 0.27 41.56 cut & bag for disp.

Tear out wet carpet pad and bag for 47.46 SF 0.81 0.00 0.27 38.71 disposal
Totals: Bedroom 2 0.54 80.27
140
Item 7.
5 CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 5
Bed 2 Closet
Bedroom 2
Bed 3 Closet
Living Room
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
Bedroom 3
Bedroom 1
Vanity (B2)
Bed 2 Closet
Bedroom 2
Bed 3 Closet
Living Room
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
Bedroom 3
Bedroom 1
Vanity (B2)
11' 10"
11' 4"
8' 6"
8' 8" 2' 6" 9"
3" 11"
2' 6"
1' 5"
2' 10"
7'
3' 8"
12' 4"
12' 10" Bedroom 3 Height: 8'
345.33 SF Walls
485.11 SF Walls & Ceiling

15.53 SY Flooring

47.33 LF Ceil. Perimeter
139.78 SF Ceiling
139.78 SF Floor

42.33 LF Floor Perimeter
Door 2' 6" X 6' 8" Opens into HALLWAY
Door 2' 6" X 6' 8" Opens into BED_3_CLOSET

DESCRIPTION QTY RESET REMOVE REPLACE TAX TOTAL
Tear out wet non-salvageable carpet, 139.78 SF 0.87 0.00 0.81 122.42 cut & bag for disp.

Tear out wet carpet pad and bag for 139.78 SF 0.81 0.00 0.81 114.03 disposal
Totals: Bedroom 3 1.62 236.45
Total: Main Level 10.94 1,560.98
Line Item Totals: CJC-4411-4 59.29 6,173.92
Grand Total Areas:
1,987.94 SF Walls 641.56 SF Ceiling 2,629.50 SF Walls and Ceiling 641.56 SF Floor 71.28 SY Flooring 234.83 LF Floor Perimeter

0.00 SF Long Wall 0.00 SF Short Wall 305.33 LF Ceil. Perimeter 641.56 Floor Area 715.56 Total Area 1,987.94 Interior Wall Area 1,107.56 Exterior Wall Area 131.33 Exterior Perimeter of Walls

0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length

0.00 Total Ridge Length 0.00 Total Hip Length
141
Item 7.
6 CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 6
Summary for Dwelling
Line Item Total 6,114.63
Material Sales Tax 59.29
Replacement Cost Value $6,173.92
Net Claim $6,173.92
Josh Johnson
Mitigation Estimator
142
Item 7.

CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 7
1 1-YRpKZPun
143
Item 7.
8 CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 8
2 2-4pMXPn5j
144
Item 7.
9 CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 9
3 3-8V3T7Mr7
145
Item 7.
0 CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 10
4 4-9pLMpHgR
146
Item 7.

CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 14
8 8-dbiFmwUn
150
Item 7.
5 CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 15
9 9-pANa6GoB
151
Item 7.
6 CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 16
10 10-u8WzXJAG
152
Item 7.

CRBR Property Damage Services
Full Service Restoration Contractor Since 1959
2684 Highway 32 Suite 100
Chico Ca. 95973
Lic # 689238 Tax ID # 94-2623760
CJC-4411-4 3/20/2023 Page: 17
11 11-wFzlsIYY
153
Item 7.
8 CJC-4411-4 3/20/2023 Page: 18
Main Level
Bed 2 Closet
Bedroom 2
Bed 3 Closet
Living Room
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
Bedroom 3
Bedroom 1
Vanity (B2)
Bed 2 Closet
Bedroom 2
Bed 3 Closet
Living Room
Hallway
Hall Closet
Bed 1 Closet
Water Heater Closet
Hall Bath
Bedroom 3
Bedroom 1
Vanity (B2)
Main Level
2' 4" 2' 6"
5' 5"
11' 2"
3' 4"
8' 6"
4' 2"
8' 8"
12' 8"
15' 2"
15' 10"
13' 4"
2" 6' 11' 10"
2' 4"
2' 8"3' 2"
7' 6"
4' 10"
15'
2'
5' 8"
1' 8"
3' 8"
7' 6"
7' 10"
16' 8"
23' 6"
11' 4"
12' 4"
2' 10"
9' 2"
37' 6"
154
Item 7.

ADMINISTRATION Page 1 3/5/19

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS

FROM: BRIAN RING, CITY ADMINISTRATOR
SCOTT E. HUBER, CITY ATTORNEY
RE: CONTRACT FOR ADMINISTRATIVE HEARING OFFICER SERVICES

RELATED TO CODE ENFORCEMENT
DATE: APRIL 4, 2023

SUMMARY
The Council may consider the approval of an agreement for Administrative Hearing Officer services for the City of Oroville.

DISCUSSION
When a code enforcement citation is issued, the recipient of the citation has a right to file an appeal. The issue of who may serve as an administrative hearing officer has been the subject of significant litigation. The California Supreme Court has generally held that an administrative hearing officer must be a neutral party and cannot have provided advice to the City in any capacity during the prior 12 months.

The City’s utilizes the administrative civil enforcement mechanism for many code enforcement situations. If a party who receives an administrative citation related to a hazardous code enforcement matter, the party has the ability to appeal the administrative citation, which is heard by a neutral administrative hearing officer. The City currently has one administrative hearing officer, but we were informed that the firm under contract is unable to continue with hearing officer services.

The agreement with the proposed hearing officer would be valid for a period of two years, with an expense not to exceed $50,000. In the last two years, the City has utilized the services of an administrative hearing officer on one occasion.

FISCAL IMPACT
Included in Fiscal Year 2022/23 Code Enforcement Budget – 2311-6360 (Outside Services).

RECOMMENDATION
Approve Agreement No. 3452
155
Item 8.

ADMINISTRATION Page 2 3/5/19

ATTACHMENTS
Agreement for Hearing Officer Services
156
Item 8.

Legal Services Agreement - City of Oroville Page 1

LEGAL SERVICES AGREEMENT
For

CITY OF OROVILLE
l. IDENTIFICATION OF PARTIES. This Agreement, executed in duplicate with each party receiving an executed original, is made between GREG EINHORN, hereafter referred to as "Law Firm," and the City of Oroville hereafter referred to as "Client." This Agreement is required by Business and Professions Code section 6147 and is intended to fulfill the requirements of that section.

2. LEGAL SERVICES TO BE PROVIDED. The legal services to be provided by Law Firm to Client are as follows: To act as an independent Hearing Officer and/or Administrative Law Officer as set forth by Oroville Municipal Code Chapters 2.28, 9.08, and

10.2. Client will be informed, and approval obtained, before assigning work for Client to other members of Law Firm.

3. RESPONSIBILITIES OF ATTORNEY AND CLIENT. Law Firm will perform the services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client's inquiries and communications. Client will be truthful and cooperative with Law Firm and keep Law Firm reasonably informed of developments; as well as make timely payments required under this Agreement.

4. ATTORNEY'S FEES. Client will pay Law Firm attorney's fees for the services provided under this Agreement at the rate of $250.00 per hour for work performed by Law Firm attorneys as assigned, including travel time but excluding meals unless actively engaged in service to Client and excluding hours outside of service to the client, such as when staying locally overnight, etc; and, $125.00 per hour for a paralegal, if necessary. Law Firm will charge in increments of one tenth of an hour, rounded off for each particular activity to the nearest one tenth of an hour. The minimum time charged for any particular activity will be one tenth of an hour.

Law Firm will charge for all activities undertaken in providing services to Client under this Agreement, including, but not limited to, the following: Travel, meetings, correspondence and legal documents (review and preparation), legal research and telephone consultations.

Client acknowledges that Law Firm has made no promise about the total amount of attorney's fees to be incurred by Client under this Agreement.

5. COSTS. Client will pay all "costs" in connection with Law Firm's representation under this Agreement. Costs will be advanced by Law Firm and then billed to Client. The hourly rate identified above includes photocopying expenses (Under 500 pages) and long-distance telephone charges, as well as routine clerical support. Client will be billed for legal research time (i.e., Lexis-Nexis) charges for time actually spent in legal research for a Client matter. 157
Item 8.

Legal Services Agreement - City of Oroville Page 2

6. Law Firm will maintain professional liability insurance in the amount of $2,000,000 per occurrence, and $4,000,000 in the aggregate.

7. REPRESENTATION OF ADVERSE lNTERESTS. Client is informed that the Rules of Professional Conduct of the State Bar of California require the Client's informed written consent before an attorney may begin or continue to represent the Client when the attorney has had a relationship with another party interested in the subject matter of the attorney's proposed representation of the Client. Client and Law Firm are aware of any potential conflicts and have discussed them in detail. Law Firm will consult with Client in accordance with the requirements of the Rules of Professional Conduct as to any new matters assigned to Law Firm after the entering of this Agreement regarding any potential conflicts of interest relating to such new matters.

8. DISCHARGE OF ATTORNEY. Client may discharge Law Firm, pursuant to state law, by written notice effective when received by Law Firm. Notwithstanding the discharge, Client will be obligated to pay Law Firm its last statement within thirty (30) days as set forth under the terms of this Agreement.

9. STATEMENTS AND PAYMENTS. Law Firm will send Client monthly statements indicating attorney fees and costs incurred and their basis, any amount applied for deposits, and any current balance owed. If no attorney fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month. Any balance will be paid in full within thirty (30) days after the statement is mailed and within thirty (30) days after final statement is submitted due to discharge of Law Firm. Invoices will be sent by Law Firm to Client as follows:

City of Oroville
Attn: Ruth Wright - Finance Director
Oroville City Hall
1735 Montgomery Street
Oroville, CA 95965

10. ENTIRE AGREEMENT. This Agreement contains the entire Agreement of the parties. No other Agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.

11. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

12. MODIFICATION BY SUBSEQUENT AGREEMEN T. This Agreement may be modified by subsequent Agreement of the parties only by an instrument in writing signed by both of them or an oral Agreement to the extent that the parties carry it out.

13. ARBITRATION OF FEE DISPUTE. If a dispute arises between Law Firm and Client regarding attorney's fees under this Agreement and Law Firm filed suit in any other court 158
Item 8.

Legal Services Agreement - City of Oroville Page 3
other than small claims court, Client will have the right to stay that suit by timely electing to arbitrate the dispute under Business and Professions Code sections 6200-6206, in which event Law Firm must submit the matter to such arbitration.

14. ATTORNEY'S FEES AND COSTS IN ACTION ON AGREEMENT. The prevailing party in any action or proceeding to enforce any provision of this Agreement will be awarded reasonable attorney's fees and costs incurred in that action or proceeding or in efforts to negotiate the matter.

14. EFFECTIVE DATE OF AGREEMENT. The effective date of this Agreement is the date when Client first authorized work to be done.

The foregoing is agreed to by:

CITY OF OROVILLE
Dated:
_________________________________
Dated: GREG EINHORN
_________________________________
159
Item 8.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JORDAN DALEY, SENIOR ADMIN ASSISTANT

DAWN NEVERS, ASST COMMUNITY DEVELOPMENT DIRECTOR
RE: VOICE FOR THE ARTS AWARD SELECTION
DATE: APRIL 4, 2023

SUMMARY
The Council may approve the Arts Commission recommendations for the Voice of the Arts Award.

DISCUSSION
On November 07, 2017 the City Council created an Arts Commission award titled Voice of the Arts Award to recognize people and organizations that positively impact the Oroville community with their passion, innovation and commitment to the arts. The Oroville Arts Commission accepted nominations for the first year of awards the month of December. The Arts Commission met on March 14, 2023 to review and select awardees.

The Arts Commission recommends awarding the following nominees for the first Voice of the Arts Award:
 Community Individual, Don Remley

FISCAL IMPACT
Approximately $150 for plaque to be placed in the Lobby of the Council Chambers and one individual plaques

RECOMMENDATION
Approve the Arts Commission recommendation and award the Voice of the Arts Award to Community Individual Don Remley

ATTACHMENTS
Nomination Applications
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Nomination for Your Voice in the Arts Award.

I nominate Don Remley as a community member whose leadership provided the proper supplies, facilities, and staff for students to experience, learn and practice music in their elementary education. “Ensuring the Arts for Any Given Child” Notes from Presentation given on May 19, 2022, by Don Remley Support by Oroville City Elementary School District for Instrumental Music (1985-2007) ➢ In 1985, the band instructor was Jerry Wolcott, who served as band instructor for over 40 years and did not retire until in his 70’s. Jerry taught both elementary and junior high instrumental music. He had no budget for instrument repair or uniforms. The junior high uniforms were “hand-me-downs” from the high school band. Did not have a balanced band because he tried to get inexpensive instruments, when available. ➢ Changes after 1985 when I arrived: Funds were allocated to the instrumental music program ($10,000.00/year) and out-of-state lottery funds to purchase new instruments and replace/repair existing instruments. Also, in 1988, the District hired a half-time instrumental music instructor to assist in teaching instrumental music at the elementary level to get more students involved in music. In this same year, funds were set aside to purchase new uniforms for the junior high band. A spring concert was held each year, sometimes at the State Theater and occasionally at the Municipal Auditorium to allow the students to display their abilities. The junior high band played at all parades in town. ➢ Later, when the total district-wide music festival began, the band students would perform at the music festival at the State Theater, showcased along with the vocal music performances. Small groups of students would perform between vocal performances as student groups were moving on and off the stage behind curtains. Support by District for Vocal Music (1985-2007) ➢ In 1985, the District had a full-time vocal music teacher who provided in-class vocal music instruction for grades K-6. She was assigned to schools, based on school size. Although she tried to serve all grades and all classes, each school had a sign-up list on days when she would be serving the school. Some teachers signed up more often than others and so all classrooms did not receive the instruction. ➢ By 1988, the District was growing and we added one additional vocal music teacher. At this time we added a vocal music elective class at the junior high level with the intent to develop more interest in vocal music. The added teaching position made it possible for all classes K-6 to receive regular classroom vocal music instruction. Unfortunately, the efforts at the junior high were not as positive, even when there was a change in teaching assignments in the hope of stimulating more interest. ➢ By 1990, the District began the Spring Music Festival. All students and all grades were represented. There was always a theme for each year and each school had the students learn songs that fit the theme. The three music teachers would work together to plan the event, including the preparation of programs and in a few cases tickets (to control the actual attendance to meet fire safety requirements). The music festivals required the assistance of many adults. Thus, parents and staff were asked to assist in the supervision of the students and the movement of students on and off the stage. A special Master of Ceremonies was recruited for the event to make everything run smoothly. The District paid rent for the State Theater and also either offered teachers a day off for their participation or paid them a stipend. The music festivals were always well received by the community. Extra Thoughts: ➢ It is very critical that the superintendent be committed to the music 162
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and arts programs for a district to develop as described above. Although we have yet to discuss the visual arts program in the Oroville City Schools, there is a similar history of committed visual art teachers serving within the schools. We used both certificated teachers and “Artists-in-the-Schools” artists to bring special instruction to the students. ➢ My experience began as a fourth grader as I learned to play the trumpet. I continued with music throughout junior high and high school, eventually becoming the drum major for La Mirada High School and playing the French horn in the District-wide Concert Honor Band. It allowed me to goose step across the Los Angeles Coliseum leading the band onto the field for a half-time program for the State CIF Championship Football game. As a teacher, and later as principal, I organized and instructed several large choral groups that preformed for the school and community. I have sung in several musicals performed at the State Theater and have been a member of a quartet at church. Thus, I have a personal interest in vocal and instrumental music 163
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: JACKIE GLOVER, ASSISTANT CITY CLERK
RE: SELECTION OF THE 2023 SAMUEL J. NORRIS AWARD FOR

EXCELLENCE RECIPIENT
DATE: APRIL 4, 2023

SUMMARY
The Council will consider the selection of a recipient for the 2023 Samuel J. Norris Award for Excellence.

DISCUSSION
The Samuel J. Norris Award for Excellence Program was created in 2002 to recognize the outstanding efforts and commitments of a local individual or group of individuals that have improved the quality of life in the City of Oroville, provided positive leadership to the community, and have had significant achievements in their life that have inspired others to improve the community as well.

The City has received two nominations for 2023, including:

Mr. Carl S. “Bud” Bolt
Ms. Jan Hill
The selected recipient of the 2023 Samuel J. Norris Award for Excellence will be presented with an award at the State of the City Address on April 25, 2023, at the Oroville State Theatre at 6:00 P.M.

FISCAL IMPACT
Award Plaque: $100.00
Council Budget – Special Department 1801-6430

RECOMMENDATION
Select a recipient for the 2023 Samuel J. Norris Award for Excellence, to be presented at the State of the City Address on April 25, 2023, at the Oroville State Theatre.

ATTACHMENTS
A - Samuel J. Norris Award for Excellence Nominations
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: LETTER FROM YMCA REQUESTING CITY PARTNERSHIP IN

BUILDING DOWNTOWN SWIMMING POOL/ATTRACTION
DATE: APRIL 4, 2023

SUMMARY
At the request of Council Member Johnstone and Council Member Webber, the Council will discuss the letter received from the YMCA of Superior California (YMCA) requesting to partner with the City to discuss bringing a pool to the downtown area of Oroville.

DISCUSSION
On March 1, 2023, Mayor Pittman and Council members received a letter from the YMCA expressing a desire to partner with the City on bringing a pool to downtown Oroville. The letter discusses the shortages of pools in our community, which limits swim lessons/water safety instruction, exercise classes for seniors, swim meets, recreation and masters programs. With the recent closure of the pool at the old YMCA location, this shortage is amplified.

YMCA proposes partnering with the City in an attempt to find a path to bring a pool to downtown Oroville.

FISCAL IMPACT
None at this time.

RECOMMENDATION
Provide staff direction; which could include recommending that this topic be initially discussed at the Council Executive Committee.
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March 1, 2023
To the City Councilmembers of Oroville,
I am writing this letter of interest on behalf of the YMCA of Superior California, our branch the Oroville YMCA, and the community of Oroville. There has been a shortage of pools for the community to use in Oroville for many years now. It has only been amplified by the closure of our pool at the old YMCA location. There are no local pools for residents to:
 take swim lessons and learn about safety around water  participate in joint safe exercise classes for seniors  have teen swim teams and meets
 swim for recreation with the family
 enjoy lap swim or masters programs for adults
This means there are less amenities for residents in Oroville and less attraction for people to come visit and live here.

The YMCA would like to help be part of the solution. I would propose that the city and the Y work together to bring a pool to the downtown area. While the YMCA does not have the funds to build a new pool, we have the expertise to manage and program the pool. My understanding is that a new pool could run between $7 – 12 million depending on the shape and amenities of the pool. Having built a new pool just 7 years ago I am familiar with current trends and efficient yet effective designs for pools. It is important to understand that pools do not bring in a positive net. They always cost more to run then what you can make in revenue. Between insurance, staffing, heating and chemicals, pools are not a great way to earn money. What they do is provide a value when partnered with other goals and objectives. Some examples of how they bring value is by:
 being a destination for nearby towns and cities. It increases visitors and potential customer to your downtown.
 increasing the livability score of your city by giving residents more amenities and attracts potential new residents.
 creating a venue for events and gatherings that build community.  delivering lifesaving programs to community members and their families.

I would propose that the pool be built next to the convention center that the YMCA is currently using for ease in management and functionality. There is room in that area and there is plenty of parking to accommodate it as well. A pool that is both economically built but maximized on functionality is what I would suggest. Some ideas of a pool set up would be: (see pictures at the end of the letter for examples)  6-8 lap lanes
 Shallow entry portion for those with disabilities or young children  Small “lazy river” or circular current feature for rehabilitation as well as recreation 172
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 I would not suggest making it a deep diving pool
 To accommodate swim lessons, you want those areas 3-5 feet deep  A few water features as part of the pool
 Additional splash pad that has multiple water features to be used by all ages The YMCA has been a nationwide resource for cities when it comes to the management of pools and aquatic programming. We would love to evolve our partnership with the City of Oroville to include this aspect as well.

There would be many details to work out, but we are interested in moving forward in this discussion with you and hope you are as well.

Sincerely,
Sharna Braucks
President & CEO
YMCA of Superior California
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: RE-ESTABLISHMENT OF THE COMMUNITY ENHANCEMENT

BUDGET UNIT
DATE: APRIL 4, 2023

SUMMARY
At the March 21, 2023 regularly scheduled City Council meeting, Council Member Thomson and Council Member Webber discussed putting on the agenda the concept of providing some City funding for a 4th of July fireworks show. In addition, there were conversations of budgeting for funding to potentially help fund other projects that impacted the quality of life of our residents or provided a community benefit. In response to these discussions, staff are bringing forward for Council consideration, the re-establishment of the Community Enhancement budget unit.

DISCUSSION
In years past, City Council has included within the annual budget, appropriations to draw from for items that arose throughout the year that would be a benefit or enhancement to the Community as a whole. This was last done in Fiscal Year 2016/17, when $20,000 was budgeted.

Staff recommend that this fund be re-established this Fiscal Year at a funding level of $15,000, and be considered for funding in future fiscal years during the annual budget process. If re-established, Staff recommend that if Council Members learn of events or activities where funding would benefit the community, that they raise the issue at a Council meeting under “Future Agenda Items” to see if there is support to bring the item back at a future meeting for consideration.

FISCAL IMPACT
Establish new budget unit in the General Fund for community related enhancements/benefits with a balance of $15,000. The $15,000 will come from available Fund Balance.

RECOMMENDATION
Direct staff to re-establish the Community Enhancement budget unit with $15,000 budgeted; or
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Direct staff to re-establish the Community Enhancement budget unit with a different dollar amount budgeted; or
Provide other direction to staff.
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: FORMATION OF ARCHITECTURAL DESIGN WORK AD HOC

COMMITTEE
DATE: APRIL 4, 2023

SUMMARY
At the March 21, 2023 regularly scheduled City Council meeting, Council Member Thomson and Council Member Webber requested an item be placed on the agenda to consider the establishment of an ad hoc committee to review architectural design work being performed on City buildings and property.

DISCUSSION
An ad hoc committee by definition is a committee that is established to perform a specific task or work on a specific project, for a limited duration. Once that task is completed, the committee disbands. Given that this committee would be used on an ongoing/as needed basis, Staff recommend utilizing an existing committee, the Executive Committee, when there are projects prominent in nature, highly visible, or have significant exterior improvements. Staff would be able to initiate input from this committee, or a member of the committee could request that a project be brought forward.

FISCAL IMPACT
None.

RECOMMENDATION
Provide direction to staff.
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The Feather River Recreation and Park District is a California Special District that serves an area of 730 square miles in south-eastern Butte County. Our mission is to provide and maintain quality parks, recreation experiences, and related facilities and programs for all residents of the District in a fiscally sustainable manner that compliments the natural resources and cultural heritage of our community.

Feather River Recreation and Park District
1875 Feather River Blvd.

Oroville, Ca 95965
www.FRRPD.com
For Immediate Release

PROGRAM CLOSURE AT ACTIVITY CENTER PROPERTY
OROVILLE, CA. (March 29, 2023) – In fall of 2021, the Board hired financial analysis, Scott Chalmers, to examine District finances due to operating budget concerns and limited reserves. Mr.

Chalmers’ findings included a deferred maintenance list for all 15 District parks and facilities at an approximate cost of $15 million. At the conclusion of the presentation, the Board of Directors moved forward with the consultant’s recommendation to list the Activity Center for sale. A copy of the presentation and financial report summary is available online: https://www.frrpd.com/2021-11-18- board-november-18-2021-special-board-meeting
In December 2021, the community and staff were notified by the District of the Board’s intention to sell the facility. Since then, the property has been advertised by Mike Donnelly of Coldwell Banker C & C Properties. Due to the financial sustainability of the District, the Board has directed staff to close recreation programs and childcare services operating at the Activity Center and prepare the building for sale. The District will make every effort to support instructors and participants during the transition. The decision to discontinue programming within the Activity Center was made to increase funding to better maintain the remaining parks and facilities, and properly allocate operating expenses.

Addressing years of deferred maintenance in District parks is a priority.

PROGRAM CLOSURE TIMELINE
June 2023 – Close Recreation Programs: Gymnastics, Martial Arts, Dance and UJam August 2023 – Close Childcare Center
September 2023 – Remaining staff will focus on packing, moving, and surplus sale of equipment.

RESULT OF ACTION
Up to 17 employees may be affected by the closure. A severance package will be offered to employees being laid off and not transferring to another open position within the District.

The District Office will continue to operate at the Activity Center while preparing the building for sale and the relocation of administrative staff.

Media Contact:

Victoria Teague, Interim General Manager
District Office: 530-533-2011
[email protected]
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HANDOUTS

Oroville City CouncilApril 4, 2023

Oroville City Council
April 4, 2023