Agenda packet — Oroville City Council, July 18, 2023 (part 1 of 4)

July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 1 of 12

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
July 18, 2023

REGULAR MEETING
OPEN SESSION 4:00 PM
AGENDA

PUBLIC ACCESS AND PARTICIPATION
Please review the options below for ways to participate or observe the Council Meetings.

To Observe the Meeting:

1. Live Feed: https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Zoom Link: https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09

3. Zoom Application: Meeting ID: 968 7031 9529 Passcode: 67684553

4. By Phone: Telephone: 1-669-900-6833 Meeting ID: 968 7031 9529 Passcode: 67684553 To Provide Comment to the Council:

1. Attend the meeting in person

2. Send an Email by 2:00 PM the day of the meeting to [email protected]. All comments emailed will be provided to the Council Members for their consideration.

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 (1.5) 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: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman

OPEN SESSION

1. Pledge of Allegiance

2. Adoption of Agenda
1 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 2 of 12

PRESENTATIONS AND PROCLAMATIONS

1. Narinder Sufi, Butte County Librarian, will present on the various services and programs being offered through the Butte County Library.

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.

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports
i. Police Department Report for May 2023
ii. Fire Department Report

CONSENT CALENDAR
Consent calendar items 1 - 10 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. APPROVAL OF THE MINUTES
The City Council may approve the minutes of the meetings on June 13, 2023 and June 27, 2023.

RECOMMENDATION
Approve the minutes of June 13, 2023 and June 27, 2023

2. CONSIDER AND ADOPT THE ASSISTANT DIRECTOR OF PUBLIC WORKS / CITY

ENGINEER JOB DESCRIPTION AND SALARY RANGE
The City Council will consider and adopt the Assistant Director of Public Works/City Engineer job description and salary range; and remove the existing allocation of the Assistant Director of Community Development.

RECOMMENDATION
Approve the attached Assistant Director of Public Works/City Engineer job description and salary range.
2 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 3 of 12

3. CONTRACT WITH BUTTE ROOFING COMPANY FOR ROOF REPLACEMENT OF THE CHINESE TEMPLE’S TAPESTRY HALL ROOF
The Council may consider accepting the proposal from Butte Roofing Company and consider approval of project contract for the roof replacement of the Chinese Temple’s Tapestry Hall roof budgeted in the 23/24 fiscal year.

RECOMMENDATION
Approve Res. No. 9145 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING

AND DIRECTING THE MAYOR TO SIGN AND ACCEPT THE PROPOSAL WITH BUTTE

ROOFING COMPANY AUTHORIZING BUTTE ROOFING COMPANY TO COMPLETE THE

PROPOSED ROOF REPLACEMENT OF THE CHINESE TEMPLE TAPESTRY HALL IN THE AMOUNT OF $99,234.86 AND A 20% CONTINGENCY IN THE AMOUNT OF $19,864.97 SHOULD ANY DEFICIENCIES BE DISCOVERED DURING THE PROJECT.

Authorize and direct to sign and accept the proposal from Butte Roofing Company, authorizing the proposed roof replacement of the Chinese Temple Tapestry Hall, in the amount of $99,324.86 (base bid) and a 20% contingency in the amount of $19,864.97 should any deficiencies be discovered during the project, for a total of $119,099.83.

4. COMMUNITY MEMBER APPOINTMENTS TO VARIOUS COMMITTEES AND

COMMISSIONS
City Council may appoint individuals to the Arts Commission, Parks Commission, Planning Commission, and Citizen’s Oversight Committee.

RECOMMENDATION
Appoint the following individuals to the Arts Commission with terms expiring June 20, 2027 – David Tamori and Andee Krantz (Representative from the Parks Commission); and Appoint Chris Hix to the Parks commission with a term that expires on June 30, 2028; and Appoint Audrey Holt to the Planning Commission with a term that expires on June 30, 2027; and Appoint the following individuals to the Citizens Oversight Committee with a terms expiring June 30, 2027 – Kay Castro, Mark Grover, JD Holt and Andrea Milam-Richey.

5. FORECLOSURE OF 2950 EL NOBLE AVE
The City Council may consider initiating foreclosure proceedings related to the City of Oroville’s interest in the Deed of Trust against the property located at 2950 El Noble Avenue, Oroville (APN 013-225-003).

RECOMMENDATION
Adopt Resolution No. 9146 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

ADMINISTRATOR TO EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO

NECESSARY TO INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 2950 EL NOBLE AVE., OROVILLE (APN 013-225-003) 3 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 4 of 12

6. ACCEPT THE COMMUNITY DEVELOPMENT BLOCK GRANT STANDARD AGREEMENT 22-CDBG-NH-00008 AND ESTABLISH BUDGET FOR NEIGHBORHOOD CLEANUP

PROJECT
The Council may consider accepting the 2022 Community Development Block Grant (CDBG) allocation, agreement No. 22-CDBG-NH-00008, in the amount of $500,000, and establish a budget for general administration and program activities.

RECOMMENDATION
Accept the 2022 Community Development Block Grant Allocation, Agreement No. 22-CDBG-NH00008, in the amount of $500,000.00: and Approve Budget Adjustment indicated in the fiscal impact of this Staff Report, dated July 18, 2023.

7. POLICE DEPARTMENT RECRUITMENT AND DIGITAL MARKETING CAMPAIGN The Council may consider and approve an agreement with Trespasser Inc to produce recruitment and marketing material for the Oroville Police Department.

RECOMMENDATION
Authorize staff to contract with Trespasser Productions for recruitment and digital marketing content.

8. VACATION OF PUBLIC UTILITY EASEMENT
The Council may consider a resolution vacating a public utility easement.

RECOMMENDATION
Adopt Resolution No. 9149 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

VACATING A PUBLIC UTILITY EASEMENT ADJACENT TO OLIVE HIGHWAY AND OVER PROPERTY OWNED BY OROVILLE HOSPITAL (APN 013-260-081) IN OROVILLE,

CALIFORNIA
4 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 5 of 12

9. CONSIDER AND ADOPT THE SIDE LETTER AGREEMENTS BETWEEN THE CITY OF OROVILLE AND THE OROVILLE CITY EMPLOYEE’S ASSOCIATION, OROVILLE MANAGEMENT ASSOCIATION, OROVILLE POLICE OFFICER’S ASSOCIATION BOTH

SWORN AND NON-SWORN TO EXTEND MEMORANDUM OF UNDERSTANDINGS TO DECEMBER 31, 2023
The City Council will consider and adopt the side letter agreements between the City of Oroville and the Oroville City Employee’s Association (OCEA), the Oroville Management Association (OMA), the Oroville Police Officer’s Association Sworn and Non-Sworn (OPOA-S) (OPOA-NS).

RECOMMENDATION
Adopt Resolution No 9161 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SIDE-LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE CITY EMPLOYEES’ ASSOCIATION; and
Adopt Resolution No 9162 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE MANAGEMENT ASSOCIATION; and
Adopt Resolution No. 9163 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE POLICE OFFICERS’

ASSOCIATION, SWORN AND NON-SWORN

10. FAA GRANT ACCEPTANCE FOR AIRPORT IMPROVEMENT PROGRAM (AIP) PROJECT NO. 3-06-0178-028-2023 AT OROVILLE MUNICIPAL AIRPORT AND STATE DEPARTMENT

OF TRANSPORTATION AIP MATCHING GRANT
The Council may consider accepting a $262,800 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 $13,140 for the Airport Layout Plan Update.

RECOMMENDATION
Adopt Resolution 9164 – 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. 3-06-0178-028-2023 AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE GRANT AGREEMENT.

Adopt Resolution 9165 – 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.
5 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 6 of 12

REGULAR BUSINESS

11. DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET The Council may receive the 2023-24 annual budget for the Downtown Oroville Business Improvement District (BID).

RECOMMENDATION
Review and approve FY 2023/24 Business Improvement District budget.

12. PRESENTATION TO UPDATE COUNCIL ON THE MISSION ESPERANZA PALLET

SHELTER PROJECT
The Council will receive a presentation from Suzi Kochems, City consultant, regarding the status of the Mission Esperanza Project.

RECOMMENDATION
Receive presentation.

13. REQUEST OF LOCAL FISCAL RECOVERY FUNDING TO SUBSIDIZE THE MISSION

ESPERANZA PROJECT
The Council may consider allocating up to $750,000 in Local Fiscal Recovery funding to supplement the Mission Esperanza construction costs.

RECOMMENDATION
Authorize the allocation of $750,000 of Local Fiscal Recovery funding to subsidize the Mission Esperanza Project.

14. CONTRACT WITH BUTTE CONSTRUCTION COMPANY FOR MISSION ESPERANZA

PALLET SHELTER DEVELOPMENT PROJECT
The Council may consider accepting the proposal from Butte Construction Company and consider approval of a project contract for the Mission Esperanza (Low-barrier Navigation Center and Shelter) Development.

RECOMMENDATION
Approve Res. No. 9147 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING

AND DIRECTING THE MAYOR TO SIGN AND ACCEPT THE PROPOSAL WITH BUTTE

CONSTRUCTION COMPANY, AND AUTHORIZING BUTTE CONSTRUCTION COMPANY TO

COMPLETE THE PROPOSED MISSION ESPERANZA PROJECT IN THE AMOUNT OF $2,180,000 AND A 10% CONTINGENCY IN THE AMOUNT OF $218,000 SHOULD ANY DEFICIENCIES BE DISCOVERED DURING THE PROJECT.

Authorize the City Administrator to modify or amend the Butte Construction Company contract to include the alternatives in the amount of $202,125 if funding becomes available at a later date.
6 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 7 of 12

15. 2023 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE APPLICATION

SELECTION
The Council may receive applications submitted by local non-profits for 2023 Community Development Block Grant (CDBG) Program application and provide direction to staff.

RECOMMENDATION
Provide direction to staff.

16. SANK PARK PERIMETER FENCE AWARD OF AMENDED CONTRACT TO PISOR FENCE DIVISION, INC.

The City Council may review and consider awarding a contract to Pisor Fence Division, Inc. following the June 20, 2023 Council request to consider a change order to reduce the cost to fabricate and install a new fence and gates around the perimeter of Sank Park.

RECOMMENDATION
Approve Res. No. 9144- A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND ACCEPT THE PROPOSAL WITH PISOR FENCE DIVISION, INC. AUTHORIZING PISOR FENCE DIVISION, INC TO

COMPLETE THE PROPOSED FABRICATION AND INSTALLATION OF A NEW PERIMETER FENCE AROUND SANK PARK IN THE AMOUNT OF $373,982.00 AND A 10% CONTINGENCY IN THE AMOUNT OF $37,398.20 SHOULD ANY DEFICIENCIES BE DISCOVERED DURING THE PROJECT.

Authorize and direct staff to sign and accept the proposal from Pisor Fence Division, Inc., authorizing the proposed fabrication and installation of a new perimeter fence around Sank Park, and a Change Order deleting the concrete curbing in the amount of $75,918.00, for a total amount of $373,982.00 (base bid) and a 10% contingency in the amount of $37,398.20 should any deficiencies be discovered during the project, for a total of $411,380.20.

17. CITY INVESTMENTS
The Council may consider opening an Account in CLASS (California Cooperative Liquid Assets Securities System) Prime and CAMP (California Asset Management Trust) in accordance with the City’s Investment Policy.

RECOMMENDATION
Adopt Resolution No. 9148 - A RESOLUTION AUTHORIZING THE CITY TREASURER TO INVEST $5,000,000.00 IN CALIFORNIA CLASS PRIME FUND, AND $5,000,000 CALIFORNIA ASSET MANAGEMENT TRUST, WITH KAROLYN FAIRBANKS, CITY TREASURER; RUTH DUNCAN, ASSISTANT CITY ADMINISTRATOR – ADMINISTRATIVE SERVICES; AND BRIAN RING, CITY ADMINISTRATOR AS SIGNATORIES ON THE ACCOUNT. 7 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 8 of 12

18. FIRST REGULARLY SCHEDULE MEETING IN AUGUST 2023
Pursuant to the City Code, the Council will meet on the first and third Tuesday of each month.

The City Code also provides that the Council may “cancel, amend or alter the date, time and/or location of f any meeting provided sufficient notice of the meeting is given to the public to comply with the Brown Act.”
The first Tuesday of the month of August (August 1, 2023) falls on National Night Out. The Council may continue to have the regularly scheduled Council meeting on this day, or move the meeting to Wednesday August 2, 2023.

RECOMMENDATION
Provide staff direction.

19. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, ZONES 2-3, 5, 7-10, 12, 14-15, 17 The Council may consider initiating proceedings, preliminarily approving the Annual Assessment Report and declaring its intention to levy and collect assessments for the Oroville Consolidated Landscape and Lighting Maintenance Assessment District for Fiscal Year 2023/24.

RECOMMENDATION
Adopt Resolution No. 9160 - A RESOLUTION OF THE CITY COUNCIL INITIATING

PROCEEDINGS, PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE

OROVILLE CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2023/24.

Authorize any necessary budget adjustments to the Annual Assessment Report.

20. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, ZONES 1, 4, 6, 11, 13, 16, 18 The Council may consider initiating proceedings, preliminarily approving the Annual Assessment Report and declaring its intention to levy and collect assessments for the Oroville Consolidated Landscape and Lighting Maintenance Assessment District for Fiscal Year 2023/24.

RECOMMENDATION
Adopt Resolution No. 9154 - A RESOLUTION OF THE CITY COUNCIL INITIATING

PROCEEDINGS, PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE

OROVILLE CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2023/24.

Authorize any necessary budget adjustments to the Annual Assessment Report. 8 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 9 of 12

21. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 3, 5, 9
The Council may consider initiating proceedings, preliminarily approving the Annual Assessment Report and declaring its intention to levy and collect assessments for the Oroville Consolidated Benefit Assessment District for Fiscal Year 2023/24.

RECOMMENDATION
Adopt Resolution No. 9159- A RESOLUTION OF THE CITY COUNCIL INITIATING

PROCEEDINGS, PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE

OROVILLE CONSOLIDATED BENEFIT ASSESSMENT DISTRICT FOR FISCAL YEAR 2023/24
Authorize any necessary budget adjustments to the Annual Assessment Report.

22. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 1-2, 4, 6-8
The Council may consider initiating proceedings, preliminarily approving the Annual Assessment Report and declaring its intention to levy and collect assessments for the Oroville Consolidated Benefit Assessment District for Fiscal Year 2023/24.

RECOMMENDATION
Adopt Resolution No. 9155- A RESOLUTION OF THE CITY COUNCIL INITIATING

PROCEEDINGS, PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE CONSOLIDATED BENEFIT ASSESSMENT DISTRICT FOR FISCAL YEAR 2023/24 Authorize any necessary budget adjustments to the Annual Assessment Report.

23. EMPLOYMENT CONTRACT AMENDMENT WITH AMY BERGSTRAND, DIRECTOR OF

BUSINESS AND HOUSING
The Council will consider an amendment to the employment contract with Amy Bergstrand, Director of Business and Housing.

RECOMMENDATION
Adopt Resolution No. 9150 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY BERGSTRAND – (Agreement No. 3407).
9 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 10 of 12

24. EMPLOYMENT CONTRACT WITH J. PATRICK PIATT FOR POSITION OF DIRECTOR,

COMMUNITY DEVELOPMENT
The Council will consider entering an employment contract between the City of Oroville and J.

Patrick Piatt for the position of Director, Community Development.

RECOMMENDATION
Adopt Resolution No. 9156 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND J. PATRICK PIATT

25. EMPLOYMENT CONTRACT WITH FREDERICK J. MAYO FOR POSITION OF DIRECTOR,

PUBLIC WORKS
The Council will consider entering an employment contract between the City of Oroville and Frederick J. Mayo for the position of Director, Public Works.

RECOMMENDATION
Adopt Resolution No. 9157- A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND FREDERICK J. MAYO.

26. AMENDED AND RESTATED LEGAL SERVICES AGREEMENT WITH COLE HUBER, LLP The Council will consider an Amended and Restated Legal Services Agreement with Cole Huber, LLP for City Attorney Services.

RECOMMENDATION
Adopt Resolution No. 9158 - A RESOLUTION OF THE CITY OF OROVILLE AUTHORIZING

AND DIRECTING THE MAYOR TO EXECUTE AN AMENDED AND RESTATED AGREEMENT WITH COLE HUBER, LLP FOR CITY ATTORNEY LEGAL SERVICES – (Agreement No. 2004- 6).

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]
10 July 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 11 of 12

27. FEATHER RANCH SUBDIVISION, INCLUDING EIR CERTIFICATION, GENERAL PLAN AMENDMENT GPA 23-01, ZONING CHANGE ZC 23-01 WITH ORDINANCE 1873, TENTATIVE SUBDIVISION MAP TSM 22-01, AND AN OVERRIDE OF THE BUTTE COUNTY AIRPORT LAND USE COMMISSION’S INCONSISTENCY DETERMINATION.

The City Council shall conduct a public hearing to consider adopting General Plan Amendment GPA 23-01, Zoning Change ZC 23-01, Tentative Subdivision Map TSM 22-01, and an override of the Airport Land Use Commission inconsistency determination for a proposed 172-unit market rate single family subdivision at APN 030-230-098 off 20th Street between Feather Avenue and Biggs Avenue.

RECOMMENDATION
Staff recommends the following actions:

Conduct a Public Hearing on the proposed project.

Adopt Resolution No. 9151 - A RESOLUTION OF THE OROVILLE CITY COUNCIL MAKING

CERTAIN FINDINGS, REQUIRING CERTAIN MITIGATION MEASURES, AND ADOPTING A

STATEMENT OF OVERRIDING CONSIDERATIONS FOR THOSE SIGNIFICANT AND UNAVOIDABLE IMPACTS IDENTIFIED IN THE FEATHER RANCH EIR.

Certify the adequacy of the Final Environmental Impact Report Adopt Resolution No. 9152 - A RESOLUTION OF THE OROVILLE CITY COUNCIL TO NOTIFY

THE BUTTE COUNTY AIRPORT LAND USE COMMISSION AND THE STATE DIVISION OF AERONAUTICS OF THE CITY’S INTENTION TO FIND THAT THE PROPOSED FEATHER

RANCH SUBDIVISION IS CONSISTENT WITH THE PURPOSES OF THE STATE

AERONAUTICS ACT AND TO OVERRULE THE BUTTE COUNTY AIRPORT LAND USE COMMISSION’S INCONSISTENCY DETERMINATION FOR OROVILLE AIRPORT.

Adopt Resolution No. 9153 -- A RESOLUTION OF THE OROVILLE CITY COUNCIL APPROVING GENERAL PLAN AMENDMENT GPA 23-01 AND TENTATIVE SUBDIVISION MAP TSM 22-01 FOR THE PROPOSED FEATHER RANCH SUBDIVISION AND MAKING CERTAIN FINDINGS TO THAT EFFECT.

Waive First Reading And Approve ORDINANCE 1873 -- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING ZONING CHANGE ZC 23-01 TO REZONE ONE PARCEL OF APPROXIMATELY 45 ACRES OF LAND (APN 030-230-098) FROM

AIRPORT BUSINESS PARK- AIRPORT INFLUENCE OVERLAY (APB--AIO) TO SINGLE FAMILY RESIDENTIAL (R-1) ONCE TENTATIVE MAP TSM 22-01 FOR THE PROPOSED FEATHER RANCH SUBDIVISION IS APPROVED.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. PG&E Notice of PG&E increase rates.(A.26-06-008)
ii. Grand Jury Report

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on August 1, 2023 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. 12 Introduction
Narinder Sufi
Library Director, Butte
County
13 Item 1.

Butte County Library
 Six Branches
 Literacy Department
 Mobile Library
 24/7 online access
14 Item 1.

Butte County Library
Mission:

The mission of the Butte County Library is to
serve the Learning, Cultural, and Community
needs of the diverse populations of our County.
15 Item 1.

Butte County Library
Goals:
 FACILITATE community engagement and
connections throughout Butte County.
 ACTIVATE communities to avail opportunities in
Butte County.
 REJUVENATE community and individual lives
through reconnecting, and growing capacity in
Butte County
16 Item 1.

What does the Library offer?
Public libraries are often referred to as the "third
place," following the home and workplace, where
individuals gather for various purposes, including
social interaction, education, and access to resources.

The libraries play a crucial role in fostering social
cohesion and a sense of belonging within
communities.
17 Item 1.

Types of Programs offered?
 Fostering Early Childhood Development
 Helping Children Succeed
 Adult Literacy Skills
 Community Resilience- Health and Wellbeing, Crisis
Response
 Support For Job Seekers
 Support for Older Adults
 Technology and Digital Equity
18 Item 1.

Some Highlights
 Sure Start For Early Years- Playgroup and Wrap
around services
19 Item 1.

Some Highlights
Teens Learn and Create- Teen Scholarships
20 Item 1.

Some Highlights
Access to Technology (ATT)
21 Item 1.

Some Highlights
Adult Learning
22 Item 1.

Some Highlights
 Lunch at the Library and Food Pantry
23 Item 1.

Butte County Library Facts
6 Library Branches 54 Public Computers 195,556 Total
Collection Items
105,454 Library Cards 26,653 Uses of Public
Computers
501,587 Books
Borrowed
18,223 Program
Attendees
27,695 Uses of Online
Learning Databases
108,269 eBooks
Downloaded
9,980 0-5 Children’s
Program Attendees
Over 1000 Hours of 1-1
tutoring offered by
volunteer Tutors
800 Children
participated in
Summer Reading
Program
300 Lunches distributed
through Lunch at the
Library Program
1300 Children received
Homework Help
Average of 5000
Attendees of Family
Literacy Coach
24 Item 1.

Thank you!!!!
Website- www.buttecounty.net/bclibrary
Happy to answer any questions?
25 Item 1.
7/18/2023 Monthly Report Page 1 of 3

OROVILLE CITY COUNCIL

MONTHLY REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS

BRIAN RING, CITY ADMINISTRATOR
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: POLICE DEPARTMENT MONTHLY REPORT FOR MAY 2023
DATE: JULY 18, 2023

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 24 29 5
Dispatcher 7 7 0
Municipal Law
Enforcement 8 16 8
Administrative
Personnel 4 4 0

Department Activity:

Events Year to Date
2023
Average Response
Time for Crimes
against persons
*Priority 1 crimes
Average Response
Time for all types of
calls for Service
National Average
Response Time
23,426 4:28 minutes 6:56 minutes 8 - 11 minutes
Patrol Checks and Park Patrols:

Patrol Checks
JUNE 2023 71
Year to Date 1,190
26 Item i.
7/18/2023 Monthly Report Page 2 of 3
Parking Enforcement Citations Issued:

JUNE 2023 Year to Date 2023 JUNE 2022 Year to date 2022 12 52 16 67
Police Activity:

Arrest
JUNE
2022
JUNE
2023
Year to date
2022
Year to date
2023
Misdemeanor 103 71 585 412
Felony 46 31 246 180
Citations
JUNE
2022
JUNE
2023
Year to date
2022
Year to date
2023
85 31 429 237
Uniform Crime Reporting: *6/28
Crimes of Violence JUNE
2023
Year to Date
JANUARY – DECEMBER
Homicide 0 2
Rape 2 6
Robbery 3 14
Aggravated Assault 2 13
SPCA Statistics:

Service Calls by Priority:

Priority Level Number of Calls Total Minutes per call
type
Average response times
Urgent 20 90 4.66
Priority 33 164 4.96
At Officer Convenience 17 100 5.88
After Hours 27 209 7.73
Animal Intake and Outcome Stats:

Total Animals taken
in from City
Total Animals
outgoing
Cats Dogs Other Bird Livestock
107 131 64 38 3 1 1
*The remaining difference from intakes to outcome total represents animals that have not yet had an outcome and are still in the facility.
27 Item i.
7/18/2023 Monthly Report Page 3 of 3
Animal Outcomes:

Outcome Type Totals Dogs Cats Livestock Birds Other
Adoption 6 5 1 0 0 0
Died 3 1 2 0 0 0
Disposal 12 3 6 0 0 3
Euthanasia 90 16 69 0 1 4
RTO 18 15 3 0 0 0
Transfer 1 1 0 0 0 0
Foster 1 0 1 0 0 0
*Others are wild animals such as bats, skunks, snakes, possums, etc SPCA After-hours call outs:

JUNE 2023
27 Shoes for Kids:

Shoes Provided Socks Provided
0 0 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
28 Item i.

STATION 91 EQUIPIMENT RESPONSES
06/01/2023 to 06/30/2023
07/12/2023
Total Number of Resources Responding: 551
Total Number of Incidents: 463
MED T/C HAZ-CON P/A OTH VEG STR VEH OTH FIRE F/A MEDA Total ORO AR92 0 1 0 0 0 0 0 0 0 0 0 1
B9A 0 2 0 0 0 0 2 0 2 2 0 8
B9B 0 8 0 0 0 6 0 1 0 7 0 22
E91 232 8 1 8 3 7 3 3 5 8 57 335
E92 36 4 1 12 0 5 1 0 4 8 14 85
E93 47 6 2 13 2 4 2 1 1 8 11 97
T91 3 0 0 0 0 0 0 0 0 0 0 3
Total 318 29 4 33 5 22 8 5 12 33 82 551
Total 318 29 4 33 5 22 8 5 12 33 82 551
STATION 91 EQUIPMENT RESPONSE CITY OF OROVILLE JURISDICTION MED: Medical Aid Response Code-3
T/C: Traffic Collision
HAZ-CON: Hazardous Condition
P/A: Public Assist
OTH: Other Miscellaneous, non-emergency
VEG: Vegetation Fire
STR: Structure Fire
VEH: Vehicle Fire
OTH FIRE: Refuse, improvement, not in above category
F/A: False Alarm
MEDA: Medical Aid Response Code-2
29 Item ii.

Total Number of Incidents: 112
Total Number of Resources Responding: 135
MED T/C HAZ-CON P/A RESCUE VEG STR OTH FIRE F/A MEDA Total ORO B9A 0 1 0 0 0 1 1 0 0 0 3
B9B 1 3 0 0 0 3 1 1 3 0 12
BOAT91 0 0 0 1 3 0 0 0 0 0 4
E91 42 13 2 2 2 6 3 3 2 4 79
E92 6 0 0 2 0 4 1 1 2 1 17
E93 6 3 0 4 0 1 0 0 0 4 18
U91 0 0 0 0 2 0 0 0 0 0 2
Total 55 20 2 9 7 15 6 5 7 9 135
Total 55 20 2 9 7 15 6 5 7 9 135
STATION 91 EQUIPIMENT RESPONSES
06/01/2023 to 06/30/2023
07/12/2023
MED: Medical Aid Response Code-3
T/C: Traffic Collision
HAZ-CON: Hazardous Condition
P/A: Public Assist
RESCUE: Rescue (Water or Rope)
OTH: Other Miscellaneous, non-emergency
VEG: Vegetation Fire
STR: Structure Fire
VEH: Vehicle Fire
OTH FIRE: Refuse, improvement, not in above category
F/A: False Alarm
MEDA: Medical Aid Response Code-2
STATION 91 EQUIPMENT RESPONSE TO BUTTE COUNTY FIRE DEPARTMENT (LRA) 30 Item ii.

Total Number of Incidents: 11
Total Number of Resources Responding: 21
OTH VEG F/A OAMT1 Total
ORO B9A 1 0 1 2 4
B9B 1 3 0 2 6
E91 2 3 0 1 6
E92 0 1 2 1 4
E93 0 1 0 0 1
Total 4 8 3 6 21
Total 4 8 3 6 21
STATION 91 EQUIPMENT RESPONSES
06/01/2023 to 06/30/2023
STATION 91 EQUIPMENT TO CAL FIRE (SRA)
07/12/2023
31 Item ii.

June 13, 2023~1:00 PM Oroville City Council Meeting Minutes Page 1 of 1

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
June 13, 2023

MINUTES
This agenda was posted on June 12, 2023 at 12pm.

CALL TO ORDER / ROLL CALL
Mayor Pittman opened the meeting at 1pm.

PRESENT: Council Members: Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, and Mayor David Pittman
ABSENT: Council Member Tracy Johnstone
STAFF: City Administrator Brian Ring, Assistant City Clerk Jackie Glover

OPEN SESSION

1. Pledge of Allegiance – Led by Council Member Riggs

CLOSED SESSION

1. Pursuant to Government Code Section 54957(b), the Council met with the Personnel Officer and City Attorney related to the following positions: Public Works Director and Community Development Director.

OPEN SESSION

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

ADJOURNMENT
Mayor Pittman adjourned the meeting at 5:43pm.

APPROVED: ATTESTED:
_______________________________ ________________________________ Mayor David Pittman Assistant City Clerk Jackie Glover
32 Item 1.

June 27, 2023~2:00 PM Oroville City Council Meeting Minutes Page 1 of 1

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
June 27, 2023

MINUTES
This agenda was posted on June 26, 2023 at 1:30pm.

CALL TO ORDER / ROLL CALL
Mayor Pittman called the meeting to order at 2:00pm
PRESENT: Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, and Mayor David Pittman

OPEN SESSION
 Pledge of Allegiance – Led by Council Member Tomson

CLOSED SESSION

2. 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 Management Association; Oroville City Employees Association; Oroville Police Officers Association

3. Pursuant to Government Code Section 54957(b), the Council met with the Personnel Officer and City Attorney related to the evaluation for following positions: Business Assistance and Housing Director.

OPEN SESSION
 Announcement from Closed Session – Mayor Pittman announced that direction was given; no action was taken.

ADJOURNMENT
Mayor Pittman adjourned the meeting at 2:54pm.

APPROVED: ATTESTED:
______________________________________ _____________________________ Mayor David Pittman Assistant City Clerk Jackie Glover
33 Item 1.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: OROVILLE CITY COUNCIL
FROM: LIZ EHRENSTROM, HUMAN RESOURCE/RISK MANAGER
RE: CONSIDER AND ADOPT THE ASSISTANT DIRECTOR OF PUBLIC

WORKS / CITY ENGINEER JOB DESCRIPTION AND SALARY RANGE
DATE: JULY 18, 2023

SUMMARY
The City Council will consider and adopt the Assistant Director of Public Works/City Engineer job description and salary range; and remove the existing allocation of the Assistant Director of Community Development.

DISCUSSION
At the May 2, 2023 regularly scheduled City Council Meeting, the Council approved revisions to the Community Development Director and Public Works Director job specifications and directed staff to recruit for these two position. With this new structure of having separate Public Works Department overseeing streets, engineering, parks, trees, museums, airport, sewer and fleet; and Community Development overseeing Planning and Building, staff recommend removing the existing Assistant Director of Community Development allocation and replacing it with this new classification, Assistant Director of Public Works / City Engineer. This structure will be more in line with how other jurisdictions are structured as well as provide needed engineering and project management expertise.

The city has been recruiting for a Sr. Civil Engineer for a couple of years without filling the position. By creating this position, the city stands a greater chance of attracting a Civil Engineer to fill the position. The salary range is 10% below the department head salary range.

A B C D E F G H
$113,128 $118,784 $124,724 $130,960 $137,508 $144,383 $151,602 $159,182

FISCAL IMPACT
It isrecommended that the position of Assistant Director Public Works Director will be placed on the “Assistant Director of Public Works / City Engineer” with a salary range of $113,128 - $159,182. There will likely be a slight increase in costs with this change, as the Assistant Director of Community Development had a salary range of $86,901/year to 34 Item 2.

Page 2 ends

$122,282/year. The increase will depend on the experience and qualifications of any selected candidate.

RECOMMENDATION
Approve the attached Assistant Director of Public Works/City Engineer job description and salary range.

ATTACHMENTS
Assistant Director of Public Works / City Engineer Job Description 35 Item 2.

CITY OF OROVILLE
Approved by City Council:

Assistant Director of Public Works / City Engineer

DEFINITION
Under administrative direction, plans, organizes, oversees, coordinates, and manages the staff and operations in the engineering division of the Public Works Department; performs management and oversight of the engineering division’s programs; provides administrative oversight of day-to-day activities including the implementation and administration of City-wide policies and programs and the establishment and enforcement of departmental policies and procedures; fosters cooperative working relationships among City departments, and with intergovernmental and regulatory agencies and various public and private groups; provides highly responsible and complex professional assistance to the Director of Public Works relating to Engineering; and performs related duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Receives administrative direction from the Director of Public Works and the City Council.

Exercises direct supervision over supervisory, professional, technical, and administrative support staff through subordinate levels of supervision.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include, but are not limited to, the following:

Assumes management responsibility for the Engineering Division of the Public Works Department’s programs, services, and activities including oversight of project management and capital projects as assigned by the Director.

Serves in an acting capacity during the absence of the Director of Public Works.

Under the direction of the Director, develops, directs, and coordinates the implementation of goals, objectives, policies, and priorities for the engineering division; recommends, within departmental policy, appropriate service, and staffing levels; recommends and administers policies and procedures.

Assists in developing, managing, and monitoring the departmental budgets; monitors and approves all purchase payment orders for the engineering division; prepares and administers grants for special programs and projects.

Under the direction of the Director, selects, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees on performance issues; responds to staff questions and concerns; makes discipline recommendations to the Director of Public Works.
36 Item 2.

CITY OF OROVILLE
Approved by City Council:

Participates in capital improvement project (CIP) planning activities; provides input into the conceptual design of engineering projects; investigates and resolves problems with scope of work or cost issues of major facility upgrade and replacement projects.

Manages and directs the development of construction and modernization plans for the city; meets with contractors, engineers, developers, architects, a variety of outside agencies, and the general public in acquiring information and coordinating engineering matters; provides information regarding City development requirements.

Represents the department with other City departments, elected officials, and outside agencies; explains and interprets departmental programs, policies, and activities; negotiates and resolves significant and controversial issues.

Conducts a variety of departmental organizational and operational studies and investigations; recommends modifications to programs, policies, and procedures as appropriate.

Participates in and makes presentations to the City Council and a wide variety of committees, boards, and commissions as directed.

Stays abreast of new trends and innovations in the field of engineering and other types of public works’ services.

Directs the maintenance of working and official departmental files.

Prepares, reviews, and presents staff reports, various management and information updates, and reports on special projects as assigned by the Director of Public Works.

Responds to difficult and sensitive public inquiries and complaints and assists with resolutions and alternative recommendations.

Serves as a spokesperson for the department at a variety of community events, meetings, and other public relations activities.

Ensures staff observe and comply with City and mandated safety rules, regulations, and protocols.

Assists in directing and reviewing the work of contract consultants and helping the departments; reviews or prepares related requests for proposals and contracts.

Assist in identifying City needs and priorities for specific public works projects; Assists in developing and updating short- and long-range goals and capital improvement plans.

Ensures the availability of adequate equipment, vehicles, materials and supplies for Public Works projects.
37 Item 2.

CITY OF OROVILLE
Approved by City Council:

Confers with and provides professional and technical assistance to the City Council, City Administrator and other staff on matters related to Public Works engineering functions.

Performs general administrative work as assigned, including but not limited to conducting and attending meetings, assisting customers, researching files, scheduling appointments, reviewing correspondence, etc.

Performs other duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

Administrative principles and practices, including goal setting, program development, implementation, and evaluation, and supervision of staff, either directly or through subordinate levels of supervision.

Principles and techniques for working with groups and fostering effective team interaction to ensure teamwork is conducted smoothly.

Principles and practices of strategic plan development.

Principles and practices of budget development and administration.

Principles and practices of contract administration and management.

General principles of risk management related to the functions of the assigned area.

Principles and practices of employee supervision, including work planning, assignment, review and evaluation, and the training of staff in work procedures.

Organization and management practices as applied to the development, analysis, and evaluation of programs, policies, and operational needs of the assigned area of responsibility.

Functions, authority, and responsibilities of an elected City Council.

Principles and practices of engineering and administration as applied to the design and construction of public works facilities and technical inspection services.

Methods, materials, and techniques employed in public works construction projects.

Federal and state transportation and grant funding policies, procedures, and mechanisms.

Modern and complex principles, practices, methods, equipment, and materials involved in street maintenance, sewer maintenance, street signs, traffic, underground, wastewater treatment, and safety devices.
38 Item 2.

CITY OF OROVILLE
Approved by City Council:

Characteristics and uses of asphalt, concrete, and other paving materials.

Methods, materials, and techniques used in the construction of public works projects.

Methods and techniques of preparing technical and administrative reports, and general business correspondence.

Techniques for effectively representing the city in contacts with governmental agencies, community groups, and various business, professional, educational, regulatory, and legislative organizations.

Federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned areas of responsibility.

City and mandated safety rules, regulations, and protocols.

Techniques for providing a high level of customer service by effectively dealing with the public, vendors, contractors, and City staff.

Modern equipment and communication tools used for business functions and program, project, and task coordination, including computers and software programs relevant to work performed.

Ability to:

Develop and implement goals, objectives, practices, policies, procedures, strategic plans, and work standards.

Provide administrative, management, and professional leadership for the Department.

Prepare and administer large and complex budgets; allocate limited resources in a costeffective manner.

Interpret, apply, explain, and ensure compliance with federal, state, and local laws, regulations, policies, procedures, and standards relevant to work performed.

Plan, organize, direct, and coordinate the work of management, supervisory, professional, and technical personnel, delegate authority and responsibility.

Select and supervise staff, provide training and development opportunities, ensure work is performed effectively, and evaluate performance in an objective and positive manner.

Research, analyze, and evaluate new service delivery methods, procedures, and techniques.
39 Item 2.

CITY OF OROVILLE
Approved by City Council:

Effectively administer special projects with contractual agreements and ensure compliance with contractual obligations.

Coordinate and direct public works projects and programs.

Interpret and explain City programs policies and procedures.

Understand, interpret, and apply all pertinent laws, codes, regulations, policies and procedures, and standards relevant to work performed.

Evaluate and develop improvements in operations, procedures, policies, or methods.

Oversee and participate in the management of comprehensive public works administration.

Read and interpret plans and specifications.

Analyze, interpret, summarize, and present technical information and data in an effective manner.

Effectively represent the city in meetings with governmental agencies, community groups, and various businesses, professional, and regulatory organizations, and in meetings with individuals.

Prepare clear and concise reports, correspondence, policies, procedures, and other written materials.

Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare effective technical staff reports.

Direct the establishment and maintenance of a variety of filing, record-keeping, and tracking systems.

Independently organize work, set priorities, meet critical deadlines, and follow-up on assignments.

Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal guidelines.

Communicate clearly and concisely, both orally and in writing, using appropriate English grammar and syntax.

Establish, maintain, and foster positive and effective working relationships with those contacted in the course of work.
40 Item 2.

CITY OF OROVILLE
Approved by City Council:

Education and Experience:

Any combination of training and experience that would provide the required knowledge, skills and abilities is qualifying. A typical way to obtain the required qualifications would be:

Education:

Equivalent to a bachelor’s degree from an accredited college or university with major coursework in business administration, construction management, civil engineering, or a related field.

Experience:

Six (6) years of increasingly responsible professional civil engineering experience or experience managing public works infrastructure maintenance functions, including three (3) years in a management or supervisory capacity.

Licenses and Certifications:

Possession of a valid California Driver’s License, to be maintained throughout employment.

Possession of a valid registration as a Professional Engineer (PE) in Civil Engineering issued by the State of California, to be maintained throughout employment.

Physical Demands:

Must possess mobility to work in a standard office setting and use standard office equipment, including a computer; to operate a motor vehicle and visit various City sites; vision to read printed materials and a computer screen; and hearing and speech to communicate in person and over the telephone. This is primarily a sedentary office classification although standing in work areas and walking between work areas may be required. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard or calculator and to operate standard office equipment. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects up to 25 pounds.

Environmental Conditions:

Employees work in an office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances.

Employees may interact with upset staff and/or public and private representatives in interpreting and enforcing departmental policies and procedures.

This class specification lists the major duties and requirements of the job and is not all-inclusive. Incumbents may be expected to perform job-related duties other than those contained in this document.
41 Item 2.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: CONTRACT WITH BUTTE ROOFING COMPANY FOR ROOF
REPLACEMENT OF THE CHINESE TEMPLE’S TAPESTRY HALL ROOF
DATE: JULY 18, 2023

SUMMARY
The Council may consider accepting the proposal from Butte Roofing Company and consider approval of project contract for the roof replacement of the Chinese Temple’s Tapestry Hall roof budgeted in the 23/24 fiscal year.

DISCUSSION
For many years, the roof of the Tapestry Hall has seen regular roof leaks that have been minor and managed by maintenance staff until recently. The roof leaks are becoming steadier and threatening the invaluable treasures and artifacts contained within the facility.

In May of 2023, a notice for informal bid was issued to roofing contractors who submitted qualifying applications under California Uniform Public Construction Costs Accounting Act (CUPCCAA), for the replacement of the TPO roofing, vertical asphalt roofing, and exterior paint of the Centennial Cultural Center facility.

Staff received two informal bids for the roof replacement with Butte Roofing Company being the low bidder. Butte Roofing Company is proposing to complete the requested demolition of existing TPO roof for the total estimated amount of $99,324.86. There were no alternatives identified for this project; however, a 20% contingency will be budgeted for unforeseen repairs such as dry rot, etc.

FISCAL IMPACT
The funds in the amount of $119,099.83 (for informal bid $99,324.86, and 20% contingency $19,864.97) will come from Account No. 6110 – Maintenance – Building and Improvements, Fund 302 (Capital Improvement Fund Balance).

RECOMMENDATION

1. Approve Res. No. 9145 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND ACCEPT THE

PROPOSAL WITH BUTTE ROOFING COMPANY AUTHORIZING BUTTE ROOFING 42 Item 3.

Page 2 ends

COMPANY TO COMPLETE THE PROPOSED ROOF REPLACEMENT OF THE CHINESE TEMPLE TAPESTRY HALL IN THE AMOUNT OF $99,234.86 AND A 20% CONTINGENCY IN THE AMOUNT OF $19,864.97 SHOULD ANY DEFICIENCIES BE DISCOVERED DURING THE PROJECT.

2. Authorize and direct to sign and accept the proposal from Butte Roofing Company, authorizing the proposed roof replacement of the Chinese Temple Tapestry Hall, in the amount of $99,324.86 (base bid) and a 20% contingency in the amount of $19,864.97 should any deficiencies be discovered during the project, for a total of $119,099.83.

ATTACHMENTS

1. Resolution No. 9145

2. Project Contract No. 3325-2

3. Proposal for roof replacement from Butte Roofing Company 43 Item 3.

Page 1 of 1 ends

CITY OF OROVILLE
RESOLUTION NO. 9145

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO SIGN AND ACCEPT THE PROPOSAL WITH BUTTE ROOFING

COMPANY AUTHORIZING BUTTE ROOFING COMPANY TO COMPLETE THE

PROPOSED ROOF REPLACEMENT OF THE CHINESE TEMPLE TAPESTRY HALL IN THE AMOUNT OF $99,234.86 AND A 20% CONTINGENCY IN THE AMOUNT OF $19,864.97 SHOULD ANY DEFICIENCIES BE DISCOVERED DURING THE PROJECT.

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

1. The Mayor is hereby authorized and directed to sign and accept the proposal from Butte Roofing Company, authorizing the proposed roof replacement of the Chinese Temple Tapestry Hall, in the amount of $99,324.86 (base bid) and a 20% contingency in the amount of $19,864.97 should any deficiencies be discovered during the project, for a total of $119,099.83.

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 18, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 44 Item 3.

Butte Roofing Company
8 Seville Ct. Suite #110
Chico, CA 95928
CA 567600
Phone: 530-342-6553
Company Representative
Alfredo Trujillo
Phone: (530) 513-2613
[email protected]
1500 Broderick St.
05/19/2023
Nick Trover
1500 Broderick Street
Oroville, CA 95965
(530) 519-7132
Northern Most Roof
- Remove existing and haul away
- Have HVAC unit move to correctly flash duct work under HVAC - Install two staggered layers of 1" insulation
- Install 1/4" Dens Deck
- Install 80 mil Duro-Last single ply membrane as per manufacture specifications - Install all trims and accessories from Duro-Last.
- On south wall install a face mounted counter flash in Colonial Red, over a termination bar - This includes a 30 yr NDL with Duro-Last. Warranty effective date will be 90 days after material delivery or completion of roof inspection by Duro-Last, which ever is sooner.
- Quote reflects a Fastener Pullout Resistance of 450lb. Resistance determines fastener spacing. Lower pullout values will require additional fasteners
DRY ROT REPAIRS ARE BILLED EXTRA AT TIME AND MATERIAL UPON INSPECTION AFTER TEAR OFF. $70 PER MAN PER HOUR. BUTTE

ROOFING IS NOT LIABLE FOR ANY CONSEQUENTIAL DAMAGES CAUSED BY PERSONNEL FALLING THROUGH ROOF DUE TO EXISTING DRY ROT. THIS INCLUDES DAMAGES TO DRYWALL, LIGHT FIXTURES, WATER LINES, ELECTRICAL LINES OR FURNITURE.

IF BID IS ACCEPTED, PLEASE SIGN AND RETURN ONE COPY. THANK YOU Material
DL 1" ISO II 20 psi 4x8'
Georgia Pacific DensDeck Insulation - 1/4"x4'x8'
DURO-LAST X™ CUSTOM CUT ROLL 80mil 5'x65'
Duro-Last Solvent-Grip Spray Adhesive
Freight Charge
Accessories
DURO-LAST 6" OUTSIDE CORNERS
Duro-Last 1.5" Stack
Duro-Last 12" Stack
Aluminum Code Cap Assembly - 6" - Mill
Duro-Last Two Way Air Vents
Duro-Last Drain Boots 4" W/CDR Rings
Duro-Last #15 SCREWS 4" 1k ct.

DURO-LAST METAL CLEAT MEMBRANE PLATES 1K COUNT
PVC Rhino Bond Plate 500CT
Duro-Last 3" Square Insulation Plates 500ct
Termination Bar
Panduit SS Band 14"
45 Item 3.

Duro-Last 2-piece Compression Metal with 3" face
Duro-Last 5 ¼” Surface Mount Counter Flashing - Item# 6433806 Duro-Last Duro-Caulk Plus Sealant - White
Removal/Install labor
Tear off labor
Single Ply Install Labor
Job Cost
Required Machinery
Disposal fees
$20,982.79
Center Section
- Remove existing and haul away
- Have two HVAC units moved to correctly flash duct work under HVAC - Install two staggered layers of 1" insulation
- Install 1/4" Dens Deck
- Install 80 mil Duro-Last single ply membrane as per manufacture specifications - Install all trims and accessories from Duro-Last.
- This includes a 30 yr NDL with Duro-Last. Warranty effective date will be 90 days after material delivery or completion of roof inspection by Duro-Last, which ever is sooner.
- Quote reflects a Fastener Pullout Resistance of 450lb. Resistance determines fastener spacing. Lower pullout values will require additional fasteners
Material
DL 1" ISO II 20 psi 4x8'
Georgia Pacific DensDeck Insulation - 1/4"x4'x8'
DURO-LAST X™ CUSTOM CUT ROLL 80mil 5'x65'
Freight Charge
Duro-Last Solvent-Grip Spray Adhesive
Accessories
DURO-LAST 6" OUTSIDE CORNERS
Duro-Last 1.5" Stack
Duro-Last 12" Stack
Aluminum Code Cap Assembly - 6" - Mill
Duro-Last Two Way Air Vents
Duro-Last Drain Boots 4" W/CDR Rings
Duro-Last #15 SCREWS 4" 1k ct.

DURO-LAST METAL CLEAT MEMBRANE PLATES 1K COUNT
PVC Rhino Bond Plate 500CT
Duro-Last 3" Square Insulation Plates 500ct
Termination Bar
Panduit SS Band 14"
Duro-Last 2-piece Compression Metal with 3" face
Duro-Last Duro-Caulk Plus Sealant - White
Removal/Install labor
Tear off labor
Single Ply Install Labor
Job Cost
Required Machinery
46 Item 3.

Disposal fees
$36,859.83
Southern Section
- Remove existing and haul away
- Have HVAC unit move to correctly flash duct work under HVAC - Install two staggered layers of 1" insulation
- Install 1/4" Dens Deck
- Install 80 mil Duro-Last single ply membrane as per manufacture specifications - Install all trims and accessories from Duro-Last.
- On north wall install a face mounted counter flash in Colonial Red, over a termination bar - This includes a 30 yr NDL with Duro-Last. Warranty effective date will be 90 days after material delivery or completion of roof inspection by Duro-Last, which ever is sooner.
- Quote reflects a Fastener Pullout Resistance of 450lb. Resistance determines fastener spacing. Lower pullout values will require additional fasteners
Material
DL 1" ISO II 20 psi 4x8'
Georgia Pacific DensDeck Insulation - 1/4"x4'x8'
DURO-LAST X™ CUSTOM CUT ROLL 80mil 5'x65'
Duro-Last Solvent-Grip Spray Adhesive
Freight Charge
Accessories
DURO-LAST 6" OUTSIDE CORNERS
Duro-Last 1.5" Stack
Duro-Last 12" Stack
Aluminum Code Cap Assembly - 6" - Mill
Duro-Last Two Way Air Vents
Duro-Last Drain Boots 4" W/CDR Rings
Duro-Last #15 SCREWS 4" 1k ct.

DURO-LAST METAL CLEAT MEMBRANE PLATES 1K COUNT
PVC Rhino Bond Plate 500CT
Duro-Last 3" Square Insulation Plates 500ct
Termination Bar
Panduit SS Band 14"
Duro-Last 2-piece Compression Metal with 3" face
Duro-Last 5 ¼” Surface Mount Counter Flashing - Item# 6433806 Duro-Last Duro-Caulk Plus Sealant - White
Removal/Install labor
Tear off labor
Single Ply Install Labor
Job Cost
Required Machinery
Disposal fees
$41,482.24
TOTAL $99,324.86
47 Item 3.

This includes all Roof Only permits, liability and Workman's Compensation Insurance. Due to material shortages and market fluctuations, this bid is valid for 30 days from the date shown above. Certain material will be billed at pricing at time of delivery. Terms of payment: Monthly invoice for percentage completed and 100% upon completion.

The company further agrees to guarantee the roof work for 5 years upon completion of work. Said guarantee to cover workmanship only.(roof must be properly maintained, maintenance recommendations will be given on request) Warranty will not extend to damage caused by extreme winds, lightning, hailstorms, earthquakes or other unusual causes and shall not cover any liability for damage or injury to interior fixtures, decorations, walls, contents of building or other part of structure. It is mutually understood and agreed that the guarantee shall be made and remain effective only when and if payment is made as agreed in the contract; that interest will be charged if payment becomes delinquent at a rate of 18%; that in the event of an action brought for collections, the Company shall recover all court cost and a reasonable attorney's fee; that the contract is taken subject to final approval of the company after signature by owner. It is also understood that the home owner/client shall have adequate insurance. This agreement represents the entire and integrated agreement between Property Owner and Butte Roofing Company and supersedes all negotiations, representations or agreements, either oral or written. This agreement may be amended only by written instrument offered by Butte Roofing Company and accepted by Property Owner.

Butte Roofing Company assumes the following items are to be completed by others or are not required under our contract and have therefore been excluded, unless specifically listed above: Cementitious or gypsum roof board underlayment; Painting; Fascia metal; Soffit material; Parapet caps; Performance and payment bonds; Design and Engineering of any system; Gutters and downspouts; Anything in optional pricing unless selected; Prevailing wages; Overtime wages; Access to temporary facilities, power, water etc; HVAC; Liquidated damages; Tenant infill of any kind; Waterproofing open-roof beyond checking the weather and appropriately covering exposed sections; Force Majeure; Plumbing; Electrical; Piping system; Demolition; Hazardous material testing or work; Builders risk insurance; Dry rot repairs; Extraordinary dry-in protection; Structural work; Insulation of any kind; Repairs or penetrations to the roof after installation; Wood nailers or cants; Fall protection anchors; Repairs caused by unsuitable roof sheathing/structure; Anything not listed as included above.

Cancellation Policy : If Property Owner desires to cancel this contract within 5 Business Days from signed contract there is a zero dollar fee. If Property Owner desires to cancel this contract after 5 Business Days from signed contract there is a Cancellation Fee of : 10% of the Contract value or work to date completed which may include the cost of materials; which ever is greater.

Disclosure: Please be advised that this firm and our material suppliers may send you various documents related to lien rights; i.e. PRELIMINARY 20- DAY NOTICE. Please contact our main office if you have any questions or concerns.

NOTICE: Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the registrar of the board whose address is: Contractor's State License Board- P.O. BOX 26000 - SACRAMENTO, CA. 95826. We reserve the right to enforce the Mechanic's Lien sec 7018/7019 Bus/Prof code.

CA 567600 DIR#1000056098
Company Authorized Signature Date
Customer Signature Date
Customer Signature Date
48 Item 3.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: JACKIE GLOVER, ASSISTANT CITY CLERK

BRIAN RING, CITY ADMINISTRATOR
RE: COMMUNITY MEMBER APPOINTMENTS TO VARIOUS COMMITTEES

AND COMMISSIONS
DATE: JULY 18, 2023

SUMMARY
City Council may appoint individuals to the Arts Commission, Parks Commission, Planning Commission, and Citizen’s Oversight Committee.

DISCUSSION
The Oroville Arts Commission currently has two (2) commissioners whose terms are expiring, and they are both seeking reappointment. The Oroville Parks Commission currently has (1) vacancy. The Planning Commission currently has one (1) vacancy. The Citizens Oversight Committee has four (4) members terms expiring and two (2) vacancies. Two (2) Committee Members on the Citizen’s Oversight Committee are seeking reappointment. Staff recruited for all commissions and committees with open positions and received four (4) applications. All applications received meet the criteria for the recommended appointments. The following appointments are recommended:
 Arts Commission – David Tamori (Incumbent) and Andee Krantz (Parks Commission Incumbent)
 Parks Commission – Chris Hix
 Planning Commission – Audrey Holt
 Citizen’s Oversight Committee – Kay Castro (Incumbent), Mark Grover (Incumbent), JD Holt and Andrea Milam-Richey

FISCAL IMPACT
None

RECOMMENDATION

1. Appoint the following individuals to the Arts Commission with terms expiring June 20, 2027 – David Tamori and Andee Krantz (Representative from the Parks Commission); and

2. Appoint Chris Hix to the Parks commission with a term that expires on June 30, 2028; and
49 Item 4.

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3. Appoint Audrey Holt to the Planning Commission with a term that expires on June 30, 2027; and

4. Appoint the following individuals to the Citizens Oversight Committee with a terms expiring June 30, 2027 – Kay Castro, Mark Grover, JD Holt and Andrea Milam-Richey.

ATTACHMENTS
Commission Applications
50 Item 4.
51 Item 4.
52 Item 4.
53 Item 4.
54 Item 4.
55 Item 4.
56 Item 4.
57 Item 4.
58 Item 4.
59 Item 4.
60 Item 4.
61 Item 4.
62 Item 4.
63 Item 4.
64 Item 4.
65 Item 4.
66 Item 4.

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CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: FORECLOSURE OF 2950 EL NOBLE AVENUE
DATE: JULY 18, 2023

SUMMARY
The City Council may consider initiating foreclosure proceedings related to the City of Oroville’s interest in the Deed of Trust against the property located at 2950 El Noble Avenue, Oroville (APN 013-225-003).

DISCUSSION
Staff is seeking authorization from the Council to initiate foreclosure on the property located at 2950 El Noble Avenue. Staff has attempted to obtain annual Property Status Certification from the homeowner for the years 2022 and 2023. After several unsuccessful attempts at communication by both the City and the City’s legal counsel, Cole Huber, LLP, Staff from the City’s Housing Development Department and Code Enforcement made an on-site visit to attempt to verify the home was still owner occupied. Contact was made with a resident that claims to be renting the residence from the homeowner and stated that they have been renting for about 1 ½ years. A stipulation of the Deed of Trust requires that the property is the homeowner’s primary residence, therefor the homeowner is in default of both Deeds of Trust.

At this time, Staff is requesting approval to start foreclosure proceedings at 2950 El Noble Avenue, Oroville CA.

The City holds both the primary mortgage and the secondary mortgage for this property.

Address Amount of
Primary Loan
Amount of
Secondary Loan
Total Loans Value Based on
Comparable
2950 El Noble
Avenue
$52,446.95
through
07/18/2023
$41,089.77
through
7/18/2023
$93,536.72
(approx.)
$165,038.66
If the City Council authorizes staff to secure the City’s interest in this property; staff will work with the City Attorney to determine if the property can be resold on the open market to recoup City’s interest in the property or dispose of this property pursuant the Surplus Land Act. 67 Item 5.

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FISCAL IMPACT
There is no general fund impact. Approximately $5,000 will be needed to cure the default, including foreclosure fees from Fund 221, budget unit 7011, account number 6360, project code 1418910. There is a current unencumbered balance is$ $908,815.61

RECOMMENDATION
Adopt Resolution No. 9146 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

ADMINISTRATOR TO EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO

NECESSARY TO INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 2950 EL NOBLE AVE., OROVILLE (APN 013-225-003)

ATTACHMENTS
Resolution 9146
68 Item 5.

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CITY OF OROVILLE
RESOLUTION NO. 9146

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

AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY ADMINISTRATOR TO

EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO NECESSARY TO

INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 2950 EL NOBLE AVE., OROVILLE (APN 013-225-003) NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute all documents and any amendments thereto necessary to initiate and complete foreclosure proceedings on 2950 El Noble Ave., Oroville CA, (APN 013-225-003) Oroville, California; and

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 18, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 69 Item 5.

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CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: ACCEPT THE COMMUNITY DEVELOPMENT BLOCK GRANT
STANDARD AGREEMENT 22-CDBG-NH-00008 AND ESTABLISH

BUDGET FOR NEIGHBORHOOD CLEANUP PROJECT
DATE: JULY 18, 2023

SUMMARY
The Council may consider accepting the 2022 Community Development Block Grant (CDBG) allocation, agreement no. 22-CDBG-NH-00008, in the amount of $500,000, and establish a budget for general administration and program activities.

DISCUSSION
The City Council adopted Resolution No. 9057 on June 7, 2022, approving the submittal of an application for CDBG funds from the State Department of Housing and Community Development. Additionally, on June 7, 2022, City Council approved a Subrecipient Agreement in the amount of $600,000 with Oroville Hope Center-City Works to provide oversight and administering the Neighborhood Cleanup project with several participating non-profits to provide labor. Subsequently the City of Oroville was awarded funds and staff is requesting approval to establish a budget for the following activities:

1. Public Service (Neighborhood Cleanup Program): $465,000.00

2. Public Service City Match (Neighborhood Cleanup Program): $100,000.00

3. General Administration: $ 35,000.00
$600,000.00

FISCAL IMPACT
A budget adjustment will be required to establish a budget as follows:
70 Item 6.

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Fund 223
Revenues:

Account No. Account Name $Amount
4570 Grant Revenue $500,000
9000 Interfund Transfer $135,000
Expenses:

Account No. Account Name $Amount
5100-5610 Direct Labor $35,000
6360 Outside Services $600,000

RECOMMENDATION

1. Accept the 2022 Community Development Block Grant Allocation, Agreement No. 22-CDBG-NH-00008, in the amount of $500,000.00: and

2. Approve Budget Adjustment indicated in the fiscal impact of this Staff Report, dated Jully 18, 2023.

ATTACHMENTS
Award Announcement
71 Item 6.

SCOID:

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT AGREEMENT NUMBER
22-CDBG-N H-00008
PURCHASING AUTHORITY NUMBER {If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Department of Housing and Community Development

CONTRACTOR NAME
City of Oroville

2. The term of this Agreement is:

START DATE
Upon HCD Approval

THROUGH END DATE
Thirty-Six (36) Months from the Effective Date

3. The maximum amount of this Agreement is:
500,000

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions
+
Exhibit D CDBG Program Terms and Conditions
-
+
Exhibit E Program Application
.

Items shown with an asterisk(*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https://www.dgs.ca.gov/OtS/Resovrces

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Oroville

CONTRACTOR BUSINESS ADDRESS
1735 Montgomery Street

PRINTED NAME OF PERSON SIGNING
Bri

CONTRACTOR AUTHORIZED SIGNATURE
CITY
Oroville
TITLE
;+ W" in(Sira

DATE SIGNED
Pages
7 7
04/2017
25 11

STATE ZIP
CA 95965
r

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.00
72 Item 6.
06/23/2023
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EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

AUTHORITY, PURPOSE AND SCOPE OF WORK

1. Authority & Purpose
This Standard Agreement (hereinafter "Agreement") will provide official notification of the reservation of funds under the State of California's administration of the federal Community Development Block Grant Program for non-entitlement jurisdictions (hereinafter, "CDBG" or the “Program") by the Department of Housing and Community Development (hereinafter the "Department") pursuant to the provisions of 42 U.S. Code (U.S.C.) 5301, et seq., 24 Code of Federal Regulations (CFR) Part 570, Subpart l , California Health and Safety Code Section 50825, et seq., and the California State CDBG Program Guidelines in effect as of October 15, 2019, all as may be amended from time to time. The Program is listed in the federal System of Award Management Assistance Listings (formerly Catalog of Federal Domestic Assistance) as

14.228 - CDBG -Community Development Block Grant Program. In accepting this reservation of funds by executing this Agreement, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (NOFA) under which the Grantee applied, as identified in this document footer, the representations contained in the Grantee's application (the "Application") for this funding allocation, which is incorporated herein by reference and is included as a summary in Exhibit E, and the requirements of the authorities cited above. For activities funded outside of a NOFA, including activities funded through Program Income, and activities funded through Urgent Need, the Grantee agrees to comply with the terms and conditions of this Agreement, the representations contained in the Grantee’s Application for activity funding, which is incorporated herein by reference and is included as a summary in Exhibit E, and the requirements of the authorities cited above. Any changes made to the submitted and awarded Application after this Agreement is executed must receive prior written approval from the Department. For purposes of this Agreement, use of the term "Grantee" shall be a reference to "Contractor".

2. Scope of Work
A. The Grantee shall perform the funded activities described in the Scope of Work (Work), including applicable National Objectives as represented in Exhibit E, and the Application which is on file with the Department and which is incorporated herein by reference. All written materials or alterations submitted as addenda to the original Application and which are approved in writing by the Department are hereby incorporated as part of the Application. The Department reserves the right to require the Grantee to modify any or all parts of the Application in order to 74 Item 6.

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EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
comply with CDBG requirements. The Department reserves the right to monitor all Work to be performed by the Grantee, its contractors, and subgrantees in relation to this Agreement. Any proposed revision to the Scope of Work must be submitted in writing for review and approval by the Department and may require an amendment to this Agreement. Approval shall not be presumed unless such approval is made by the Department in writing.

B. For the purposes of performing the Scope of Work, the Department agrees to provide the amount(s) identified in Exhibit B, and as detailed in Exhibit E, Budget Worksheet. Unless amended in writing, the Department shall not be liable for any costs in excess of the total approved budget. The Department shall not, under any conditions, be liable for any unauthorized or ineligible costs or activities.

C. Except for General Program Administration, grant activity(ies) must meet one of the following three CDBG National Objectives:
1) Benefit to Low/Moderate Income Persons or Households, 2) Urgent Need, or
3) Elimination of Slums or Blight as defined in 24 CFR 570.483.

3. Effective Date and Commencement of Work
A. This Agreement is effective upon approval by the Department as evidenced by the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213.

B. The CDBG Grantee agrees that no Work toward the implementation of the project activity or program activity, as identified in Exhibit E, shall commence without prior written authorization from the Department prior to the execution of this Agreement by the Department.

4. Term of Agreement and Performance Milestones
A. Term of Agreement: The Grantee shall complete the grant activity and/or activities on or before 36 months (three (3) years) from the Department’s execution date identified on the STD 213 of this Standard Agreement (“Contract Expiration Date”. Any extensions beyond the 36 months will require the Department’s approval and a contract amendment.
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EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
B. Expenditure Deadline: All costs to be reimbursed with Program funds shall be incurred no later than 33 months (two (2) years and nine (9) months) from the final Department execution date of this Agreement as identified on the STD 213.

Costs incurred after the Expenditure Deadline are not eligible for reimbursement. 1) Reporting Deadlines:
a) All activities except activities in support of new housing construction and activities in support of economic development must report final beneficiaries no later than the Contract Expiration Date. b) For activities in support of new housing construction and economic development where housing units or jobs are dependent on off-site infrastructure development, the activity shall have an extended reporting term of two years (24 months) from the Contract Expiration Date deadline to complete reporting of units constructed and occupied or jobs created or retained. Activities that do not meet the reporting deadline will be deemed ineligible and the Grantee will be required to repay all grant funds expended on the activity.

C. Milestones: Grantee shall timely adhere to project milestones as established in Exhibit E.
1) Failure to Meet Milestones:
a) Failure to meet the first milestone identified in Exhibit E, is a material breach and will result in a for-cause termination of this Agreement. All funds, including program income, reimbursed for this activity prior to the termination shall be returned to the Department no less than thirty (30) days from the written notification of termination.
2) Failure to meet any given subsequent milestones identified in Exhibit E, may result in loss of program eligibility and will restrict the Grantee from applying for additional CDBG funding until the activity is corrected and put back on schedule, or the activity is completed, or the activity is canceled. 76 Item 6.

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EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
3) Any milestone or deadline except the first milestone, the final activity report milestone, and the expenditure deadline may be revised administratively with the approval of the Department without incurring penalty, provided the revision request is received in advance of the original milestone due date.

D. Scope of Work Revisions and Amendments
1) Contract Revisions: Adjustments to the Scope of Work that do not require an increase or reduction of activity scope, a change in National Objective, or a change in the type of beneficiaries assisted may be completed as a Contract Revision. Contract Revisions must be approved by the Department prior to implementation. If approved, contract revisions shall automatically be deemed a part of, and incorporated into, this Agreement.

Approval shall be provided either through the online grant management system, or in writing, as appropriate. Contract Revisions shall include but not be limited to:
a) Adjustments that itemize the scope of work, revise milestone deadlines, except for first and last milestones, and change the scope of work in a manner that does not change the overall budget, National Objective, or change type or reduce count of estimated beneficiaries.
b) Adjustments that increase the estimated number of beneficiaries without increasing or decreasing the scope of work and without changing the overall budget.
2) Contract Amendments: Adjustments to the Scope of Work that require an increase or a reduced scope of work, that change the National Objective, or that change the type or reduces the number of beneficiaries assisted shall require a Contract Amendment. Contract Amendments must be fully executed by both the Grantee and the Department prior to implementation. Adjustments may not be implemented prior to execution unless the Department has provided written notice authorizing the Grantee to proceed. Contract Amendments shall include but not be limited to:
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EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
a) Adjustments that either add scope beyond what was included in the original application, or that reduce scope such that the activity is materially different from the original application, or that reduce estimated beneficiary counts.
b) Adjustments that change the scope in a manner that requires a change to awarded activity budget, including adding funds from other State CDBG funded activities, adding Program Income, and reducing funds from either State CDBG awarded funds or Program Income.
3) HUD Matrix Codes: If HUD changes an activity matrix code(s) or if there is an error in recording the activity code, the Grantee shall be notified in writing and the correction shall not require an amendment to this Agreement.

E. State CDBG Program Contract Management
1) Department Contract Manager: For purposes of this Agreement, the State CDBG Program Contract Manager for the Department is the Program Manager(s) of the State CDBG Program in the Division of Federal Financial Assistance, or such person’s designee. Written communication regarding this Agreement shall be directed to the State CDBG Program Contract Manager at the following address*:

State CDBG Program Contract Manager
Division of Financial Assistance
Department of Housing and Community Development
P.O. Box 952054
Sacramento, California 94252-2054
Ph: (916) 890-6819
Email: [email protected]
*Due to the telework policy in place for the State of California communications should be done electronically to ensure timely response. 2) Contract Management: Day-to-day administration of this Agreement shall take place through the online grant management system, including but not limited to:
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EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
a) Financial Reports (Funds Requests);
b) Activity Reports;
c) Semi-Annual Reports;
d) Annual Reports;
e) Submittal of any and all requested supporting documentation; f) Standard Agreement Revisions (non-material contract changes); and,
g) Standard Agreement Amendments (material contract changes). 3) Grantee Contract Administrator: The Grantee's Contract Administrator (must be a Grantee employee) is identified in Exhibit E, Profile. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be directed to the Grantee’s Contract Administrator at the contact information identified in Exhibit E, Profile.

Written communication shall be directed to the Grantee’s Contract Administrator as identified in the Grantee Profile as referenced in Exhibit E.
4) Capacity to Contract: Contractor has the capacity and authority to fulfill the obligations required of it hereunder and nothing prohibits or restricts the right or ability of Contractor to carry out the terms hereof. 5) Authority to Execute: Each person executing this Agreement represents and warrants to the Department that he or she is duly authorized to execute and deliver this Agreement on behalf of the Contractor, and that such authority is evidenced by a binding authorization. The person executing this Agreement, and the Contractor, acknowledge that the Department is materially relying upon the foregoing representation and warranty in agreeing to enter into this Agreement. In the event of a defect in any resolution submitted to the Department in connection herewith, then this provision shall be deemed satisfactory and admissible evidence of the authority of the signer to bind Contractor to this Agreement and Contractor shall remain fully bound to the terms hereof. In the event the Department 79 Item 6.

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EXHIBIT A
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
determines in its sole discretion that a resolution submitted by the Contractor is deficient in any way, then within thirty (30) days of the Department’s request, Contractor shall resubmit a new resolution which is satisfactory to the Department. Failure by the Contractor to timely provide such resolution to the Department shall constitute a default under this Agreement.
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EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Budget
A. Budget Detail: The activity shall follow the budget as detailed in Exhibit E.

B. Program Income: All Program Income is state administered CDBG funding and is subject to the same federal requirements for financial administration as open grant awards. Program Income, including both cash-on-hand and future projected receipts, if identified as a funding source for any given activity, must be included in the activity budget and must be substantially expended prior to drawing grant award funds. Program Income must be identified separately from grant funds in the activity budget and must be broken out into activity and general administration funding, as applicable. The Department will not encumber locally administered Program Income against NOFA grant funds in the state’s accounting system. Only new grant awards made under a NOFA or in conjunction with an Urgent Need application will be encumbered in the state’s accounting system.

Funding in this Agreement may include either or both:
1) the total new grant award from the NOFA to be encumbered by the Department from grant funds,
2) total locally held Program Income to be included in the activity budget but that will not be encumbered by the Department. This Agreement is for the sum total of funds to be used in the activity including grant funds and Program Income, as applicable. Program Income receipts must be reported no less than quarterly.

C. Other Non-State CDBG Funding Sources: The Grantee shall report on the value of other contributions included as leverage for each activity via the Financial Reports narrative section required for such activity and provide supporting documentation. The Financial Reports shall be accessed through the online grant management system and are the reports which convey the information needed to complete financial transactions in HUD’s Integrated Disbursement and Information System (IDIS).
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EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

2. Availability of Funds
The Department’s provision of funding to Grantee pursuant to this Agreement is contingent on the continued availability of CDBG funds and continued federal authorization for CDBG activities, as well as the conditions set forth in Exhibit D, Section

33. The Department’s provision of funding is subject to amendment or termination due to lack of funds or authorization. This Agreement is subject to written modification or termination as necessary by the Department in accordance with requirements contained in any future state or federal legislation and/or state or federal regulations. All other modifications must be in written form and approved by both parties.

3. Eligible Costs
A. No activity costs may be incurred, or funds reimbursed until the Grantee has documented compliance with the applicable National Environmental Policy Act (NEPA) requirements established in 24 CFR 50, 24 CFR 58, and 42 USC 4321, et seq., and an authorization to incur costs from the Department has been received or the contract has been fully executed.

B. Allowable Costs: Allowable costs shall mean those necessary and proper costs under 2 CFR 200.400 through 475, and as identified in the Grantee’s application and as detailed in Exhibit E, and as approved by the Department unless any or all such costs are disallowed by the State of California or HUD. Allowable costs include necessary and proper activity and administration costs incurred prior to the execution of this Agreement. All costs incurred prior to the execution of this Agreement must be eligible to be considered allowable and suitable for reimbursement. Eligible costs must, at a minimum, be costs incurred according to the procurement requirements of 2 CFR 200.317, et seq. and be costs required for the activity in this Agreement to meet a National Objective.

C. Priority of Funds: The Grantee agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. To the extent available, the Grantee must disburse funds available from locally held funding CDBG grant resources such as, but not limited to Program Income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments from the grant award. 82 Item 6.

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EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
D. Withholding Funds: The Department reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. Payments are contingent upon the Grantee's financial management system meeting the requirements of 2 CFR 200.302, and the internal control requirements of 2 CFR 200.303. Payment may be suspended or terminated, in whole or in part, by the Department in its sole discretion in the event of a default by Grantee.

E. Disencumbering Funds: The Grantee agrees that funds determined by the Department to be surplus upon completion of the activity, the funds that are not able to be spent in their entirety prior to the Expenditure Deadline or that have not been drawn prior to the Contract Expiration Date will be subject to disencumberance by the Department in its sole and absolute discretion.

F. Indirect Costs: If Grantee wishes to charge for indirect costs, the Grantee must develop an indirect cost allocation plan for determining the appropriate CDBG share of such indirect costs and submit such plan to the Department for approval prior to submission of requests for any payments for the indirect cost expenditures.

G. Pre-Agreement Costs: Pre-Agreement Costs are eligible costs incurred prior to the award of funds as defined in Exhibit D, Section 1. Eligible Pre-Agreement costs as identified in Exhibit E, Project Budget, may only be reimbursed upon the full execution of this Agreement and verification that the costs meet all eligibility criteria. Pre-Agreement costs may include both activity delivery and general program administration.

The Grantee agrees that any Pre-Agreement costs not previously identified in Exhibit E, Project Budget, will not be paid with CDBG funds.

4. Method of Payment
The Department will not authorize payments unless it has determined the costs incurred are in compliance with the terms of this Agreement. Payments will be issued to the agency identified on the Taxpayer Identification Form (TIN) provided by the Grantee to the Department.
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EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
A. Reimbursements: The Department will reimburse the Grantee its allowable costs for the services identified in this Agreement in Exhibit E, upon presentation of a financial reporting form, and supporting documentation of the cost eligibility. The Grantee may not request reimbursements under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount documented as having been incurred. 1) To receive reimbursement for grant activities, including reimbursement for eligible Pre-Agreement costs, the Grantee must submit all Department required forms according to the applicable deadlines. Financial Reports and Activity Reports are due no less than quarterly, within 15 days of the end of the quarter. Financial Reports and Activity Reports may be submitted more frequently at the Grantee’s discretion. Financial Reports shall include the level of documentation specified by the Department, including proof of expenditure, and proof of cost eligibility. Grantees must submit documentation supporting cost amounts and cost eligibility with each funds request as part of the Financial Report.
2) Grantees shall submit Financial Reports (funds requests) no less than quarterly. If no funds have been expended, the Grantee shall provide a detailed description of work completed during the reporting period, an explanation of why no funds have been expended, and anticipated date when a funds will next be requested
B. Advances: The Grantee must receive prior written approval from the Department before submitting an advance request. All advances are subject to the Department’s consent, which may be given or withheld on its sole discretion. No advances will be issued prior to full Agreement execution.

C. Final Payment Requests:
1) Grantees on the Reimbursement Payment System: All requests for final reimbursement must be submitted no later than sixty (60) days after the Expenditure Deadline as defined in Exhibit A, Section 4 (B) of this Agreement.
2) Grantees on the Advance Payment System: The last advance payment must be submitted to the Department no later than sixty (60) days prior to 84 Item 6.

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EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
the Expenditure Deadline of this Agreement.
3) Return of Unexpended Funds: All funds received by the Grantee but not expended by the Expenditure Deadline must be accounted for and returned to the Department within thirty (30) days after the Expenditure Deadline. Funds shall be returned in accordance with the current State procedural guidance for grantees. All returned funds will be disencumbered.
4) All Funds Not Previously Requested: If the final funds disbursement request for costs expended during the term of this Agreement has not been received by the Department within 60 days following the Expenditure Deadline as defined in Exhibit A, Section 4 (B) of this Agreement, the Department may disencumber any funds remaining and grant funds will no longer be available for the Grantee.

5. Budget Revisions and Amendments
Budget line-item adjustments may be made in accordance with the following:

A. Budget Revisions: Adjustments to the Budget that do not require an increase or reduction of total activity budget, a change in National Objective, or a change in the type or a reduction in number of beneficiaries assisted may be completed as a Budget Revision. Budget Revisions shall include but not be limited to:
1) Adjustments that reallocate funds between budget line items, including between General Administration funding, activity funding, and Program Income resources, including both Program Income cash on hand, and Program Income projected receipts, but that otherwise does not change the overall budget total, the scope of work, the National Objective, and type and count of estimated beneficiaries. Reallocations involving General Administration funding are subject to applicable General Administration caps identified in the Notice of Funding Availability.
2) Adjustments that increase or decrease the detail included in the submitted lined item budgets, including adding and removing budget line items, without increasing or decreasing the scope of work and without changing the overall budget.

Budget Revisions must be approved by the Department prior to implementation.

Approval shall be provided either through the online grant management system, or in writing, as appropriate. If approved, Budget Revisions shall automatically be deemed a part of, and incorporated into, this Agreement. 85 Item 6.

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EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
B. Budget Amendments: Adjustments to the Budget that result in an increased or a reduced total activity budget shall require a Contract Amendment. Contract Amendments must be fully executed by both the Grantee and the Department prior to implementation. Adjustments may not be implemented prior to execution unless the Department has provided written notice authorizing the Grantee to proceed.

6. Grant Closing Requirements
A. Expenditure Deadline:
1) All costs to be reimbursed with Program funds must be incurred no later than 33 months (two (2) years and nine (9) months) from the final Department execution date of this Agreement as identified on the STD 213.

The Final Financial Report for the activity must be marked final and submitted within sixty (60) days following the Expenditure Deadline as defined in Exhibit A, Section 4 (B). Financial Reports submitted after this date will not be eligible for reimbursement.

B. Closeout Procedure: The Grantee must submit the following at the completion of the activity:
1) A Final Activity Report that includes all required reporting data for the activity;
2) A filed Notice of Completion (if applicable);
3) Evidence, satisfactory to the Department, of compliance with any and all other Special Conditions of this Agreement as set forth in Exhibit E hereto; 4) Proof of publication of public hearing/meeting that shows compliance with public participation requirements to report the closure of the grant and the results of the completed activity;
5) Close out Certification Form signed by the Grantee’s authorized signer; 6) Project Completion Report; and
7) Disencumbrance of Funds form (if applicable).
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EXHIBIT B
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
If the Grantee identified an extended reporting period will be required to meet the National Objective for the activity in the Application, the above closeout requirements shall be submitted upon the completion of the activity, or within twenty-four (24) months after the Contract Expiration Date, whichever comes first. If no extended reporting period is required, the above closeout requirements shall be submitted upon the completion of the activity or no later than the Contract Expiration Date. Upon receipt of the above documentation, the Department will close out this Agreement and finalize the activity in IDIS for final reporting to HUD.

C. Ongoing Reporting: Grants that have been closed may, as applicable, have continued reporting requirements, including Program Income reporting, performance reporting, beneficiary reporting, asset reporting, and other federally required reports as identified in Exhibit D, Section 22. 87 Item 6.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

CDBG PROGRAM TERMS AND CONDITIONS
Federal Grant Identification
CFDA Number: 14.228

1. Definitions
A. "Activity" means one of the following HUD eligible activities as per 42 U.S.C. 5305.
1) Acquisition (§ 5305 (a)(1))
2) Public Improvements (§ 5305 (a)(2))
3) Public Facilities (§ 5305 (a)(2) and (5))
4) Code Enforcement (§ 5305 (a)(3))
5) Housing Rehabilitation (§ 5305 (a)(4))
6) Public Services (§ 5305 (a)(8))
7) Planning and Technical Assistance (Section 105(a)(12), (14) and (19) 8) Business Financial Assistance (§ 5305 (a)(17))
9) Microenterprise Assistance (§ 5305 (a)(22))
10) Homeownership (§ 5305 (a)(24))
B. “Activity Budget” means the budget included in Exhibit E, Project Budget, as referenced by Exhibit B, Budget Detail, and Payment Provisions.

C. "Activity Delivery" (AD) means any reasonable and necessary costs that are not directly related to labor and/or direct construction and/or direct activity implementation costs. These costs must be cost reasonable and directly tie to the completion of the activity to meet a National Objective.

D. “Activity Reports” are the activity reports that must be submitted at least quarterly that describe program or project progress and/or beneficiaries served during a given reporting period.

E. “Department” means the California Department of Housing and Community Development.
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
F. "Funds Request" is also identified as a Financial Report and refers to the forms and processes required to request the drawdown of CDBG funds. Grantees shall submit Financial Reports (funds requests) no less than quarterly. If no funds have been expended, the Grantee shall provide a detailed description of work completed during the reporting period, an explanation of why no funds have been expended, and anticipated date when funds will next be requested.

G. "General Administration" refers to eligible administrative expenses as provided in 42 U.S.C. 5305(a)(13).

H. “Grantee” means the jurisdiction that applied for CDBG funding and has legal authority to sign this Agreement and commit to compliance with all federal requirements regarding the administration of federal funds, as identified in 2 CFR 200.

I. “Pre-Agreement Costs” are pre-award costs as defined at 2 CFR 200.458 and 24 CFR 570.489(p) and are costs that are eligible per 2 CFR 200.400 et.seq. that have been itemized on the approved activity budget as identified in Exhibit E, Project Budget, as referenced by Exhibit B, Budget Detail and Payment Provisions.

J. "Program" means an eligible activity that provides direct assistance to eligible participants within a defined service area. Programs include public services, housing assistance to households, and instances where an eligible person, household, or area is directly assisted with a unit of service.

K. “Program Guidelines” means the CDBG Program Guidelines adopted in October 2019 that replaced the California state regulations regarding the operation of the State CDBG program, as per Health and Safety Code 50826.1(a) that states that the regulations are repealed upon adoption of guidelines.

L. “Program Income”, as defined in 24 CFR 570.489(e), means gross income received by the Grantee that is directly generated from the use of CDBG funds.

When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
M. "Project" means eligible capital improvements to public facilities, infrastructure, assets, and right-of-way. Projects may also include eligible capital improvements to privately owned facilities, infrastructure, and assets that serve the public or that provide a public good, including shelters, community-based facilities, and utilities.

2. Eligible Activities
Grantee will only use funds under this Agreement for the activity identified in Exhibit E.

All activities must be eligible CDBG activities as authorized under 42 U.S.C. 5305 and 24 CFR 570.482.

3. National Objectives
Grantee will only use funds in support of the National Objective identified in Exhibit E.

All CDBG funded grant activities must meet a National Objective as defined in 42 U.S.C. 5304(b)(3), as amended, and 24 CFR Part 570.483.

Real Property acquired in whole or in part with CDBG funds must be used to meet the same National Objective for which it was purchased for no less than five years from the date of acquisition. The Department may require a Use Restriction Agreement be recorded against real property acquired or improved in whole or in part with CDBG funds.

4. Termination and Remedies for Noncompliance
Awards as secured by this Agreement may be terminated by the Department in whole or in part as per federal regulation at 2 CFR 200.339. All terminations shall include written notification setting forth the reason(s) for such termination, the effective date, and the portion to be terminated in the case of partial terminations and will follow termination notification requirements identified in 2 CFR 200.340.

A. Termination without Cause: Agreements may be terminated without cause in whole or in part by the Department only with the consent of the Grantee. In the case of a whole agreement termination, the two parties shall agree upon termination conditions, including the effective date. In the case of partial termination, the two parties shall agree upon termination conditions, including the portion to be terminated and the effective date.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
B. Noncompliance and Termination with Cause: The Department may terminate this Agreement for Grantee’s failure to comply with the terms and conditions of this Agreement. Terminations for material failure to comply with the Agreement terms and conditions must be reported by the Department to the appropriate federal program integrity and performance system accessible through the System for Award Management (SAM) as per 2 CFR 200.339(b).
1) The Department may initiate remedies for noncompliance as identified in 2 CFR 200.338 at any time it has been determined that the Grantee is no longer meeting the terms and conditions of this Agreement. Remedies for noncompliance may be required in addition to, in lieu of, or prior to termination.
2) Prior to terminating this Agreement for cause or noncompliance, the Department shall submit written notice specifying noncompliance and/or specifying the event or events that if not cured would constitute an event of default. The Department’s written notice shall identify remedies for cure.

Grantee shall have thirty (30) calendar days from receipt of notice to fully cure. This period may be extended at the Department’s discretion for a reasonable period of time if the Grantee is acting in good faith to cure the noncompliance or cause. Any extension of the cure period must be communicated in writing by the Department.
3) The Department’s remedies for Grantee’s noncompliance with a federal statute or regulation, a state statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere may include, as appropriate:
a) Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
b) Disallow (that is, deny use of funds) all or part of the cost of the activity or action not in compliance.
c) Wholly or partly suspend or terminate the current award for the Grantee’s program or project, as applicable.
d) Withhold further and/or future awards of CDBG funds. e) Request that HUD initiate federal suspension debarment proceedings.
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
f) Take other remedies that may be legally available, including, but not limited to:
g) In the case of costs incurred without meeting a National Objective, require repayment of all funds reimbursed, including General Administration, Activity Delivery, and any and all Program Income, as appropriate.
4) In taking an action to remedy noncompliance, the Department will provide the Grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee is entitled under any statute or regulation applicable to the action involved as per 2 CFR 200.341.

C. Effects of Suspension and Termination: Grantee costs resulting from obligations incurred by the Grantee or any of the Grantee’s contractors, subrecipients, or subgrantees during a suspension or after termination of an Agreement are not allowable unless otherwise authorized by the Department in written notice or as allowable in 2 CFR 200.342. Termination and remedies for noncompliance identified in this Section do not preclude a Grantee or any of the Grantee’s contractors, subrecipients, or subgrantees from being subject to nonprocurement debarment and suspension requirements at 2 CFR 2424. CDBG funds may not be provided to excluded or disqualified persons pursuant to 24 CFR 570.489(l).

D. Remedies: All remedies of the Department hereunder are cumulative and not exclusive.

5. Severability
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.

B. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it which affects or may affect this Agreement or the Department and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

6. Waivers
No waiver or any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce, at any time, the provisions of this Agreement or to require, at any time, performance by the Grantee of these provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.

7. Uniform Administrative Requirements
The Grantee, its agencies or instrumentalities, and Subgrantees shall comply with the policies, guidelines and Administrative Requirements of 2 CFR Part 200 et seq., as applicable, as they relate to the cost principles, audit requirements, acceptance and use of federal funds.

A. Single Audit Compliance: Funds will not be disbursed to any Grantee identified by the State Controller's Office (SCO) as non-compliant with the Federal Single Audit Act, as described in the Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards at 2 CFR 200 Sub-Part F. No funds may be disbursed until compliance with the Uniform Administrative Requirements is demonstrated to the satisfaction of the Department.

B. Accounting Standards: Grantee agrees to comply with, and administer the activity in conformance with, 2 CFR Part 200.300 et seq, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred.

C. Suspension and Debarment: By executing this Agreement, Grantee verifies and affirms that it has not been suspended or debarred from participating in or receiving federal government contracts, subcontracts, loans, grants or other assistance programs.

8. Compliance with State and Federal Laws and Regulations A. Grantee, its agencies or instrumentalities, contractors, sub-grantees, and subrecipients shall comply with all local, state, and federal laws, statutes, and regulations, as well as policies and guidelines established by the Department for the administration of the CDBG program.
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
B. Grantee shall comply with the requirements of 24 CFR 570.480 et seq., the Housing and Urban Development (HUD) regulations concerning State administered Community Development Block Grants, 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Final Guidance, as adopted by HUD at 2 CFR 2400, Title II of the Cranston-Gonzales National Affordable Housing Act (42 U.S.C. § 12701 et seq.) and all federal regulations and policies issued pursuant to these regulations. The Grantee further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

9. Affirmatively Furthering Fair Housing
Grantee shall affirmatively further fair housing, in accordance with the Civil Rights Act of 1964 (42 U.S.C 2000a, et seq.), and the Fair Housing Act (42 U.S.C. 3601, et seq.), according to 42 U.S.C. 5306, et seq. and in compliance with California statute (Gov.

Code sections 65583, et seq.). Grantee shall comply with the Fair Housing Amendment Act of 1988 (Public Law 100-430).

10. Equal Opportunity Requirements and Responsibilities Grantee agrees that it undertakes hereby the same obligations to the Department that the Department has undertaken to HUD pursuant to the Department’s CDBG certifications. The obligations undertaken by Grantee include, but are not limited to, the obligation to comply with all applicable federal laws and regulations described in Subpart K of 24 CFR Part 570 and specifically with each of the following:

A. The Housing and Community Development Act of 1974 (Public Law 93-383) that authorized the CDBG program, as amended, and legislative changes contained in the Housing and Urban-Rural Recovery Act of 1983 that authorized the state administered CDBG program for non-entitlement communities, and the Architectural Barriers Act of 1968 (42 U.S.C. Section 4151) that requires publicly funded facilities be accessible to the public;
B. Title VI of the Civil Rights Act of 1964 (Public Law 88-352) prohibiting discrimination based on protected class, as amended, Title VIII of the Civil Rights Act of 1968 (Public Law 90-284) prohibiting discrimination in housing, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259) requiring expanded compliance with civil rights laws for jurisdictions receiving federal funding; Section 104(d) regarding relocation and displacement and Section 109 of Title 1 of the Housing and Community Development Act of 1974 94 Item 6.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
prohibiting discrimination in CDBG funded programs, as amended; Section 504 of the Rehabilitation Act of 1973 prohibiting recipients of federal funds from discrimination against persons with disability; the Americans With Disabilities Act of 1990 prohibiting all public discrimination against persons with disabilities; the Age Discrimination Act of 1975 prohibiting age-based discrimination in federally funded activities; Executive Order 11063 prohibiting discrimination in disposition of properties owned or financed with federal funds, as amended by Executive Order 12259; and Executive Order 11246 regarding fair employment, as amended by Executive Orders 11375, 11478 and 12086; and HUD regulations heretofore issued or to be issued to implement these authorities relating to civil rights;
C. The Equal Employment Opportunity Act of 1972 that created the Equal Employment Opportunity Commission, Equal Employment Opportunity and Affirmative Action requirement (EEO/AA); Grantee shall, in all solicitations or advertisements for employees placed by or on behalf of the Grantee, state that it is an Equal Opportunity or Affirmative Action employer.

D. Affirmative Outreach:
1) Contractor or its Service Providers must make known that the use of the facilities, assistance, and services are available to all on a Nondiscriminatory basis. If it is unlikely that the procedures the Contractor or its service providers intend to use to make known the availability of its facilities, assistance, and services will reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability, who may qualify for those facilities and services, the Subrecipient or its service providers must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services.

Contractor subrecipients or its Service Providers must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities.

Consistent with Title VI and Executive Order 13166, Subrecipients and Service Providers are also required to take reasonable steps to ensure meaningful access to programs and activities for Limited English Proficiency (LEP) persons.
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
E. Equal Access for Disabilities
1) Contractors must provide a language access plan that makes appropriate accommodations for LEP interpretive services and services that support the visually impaired as required by Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794 (contractors receiving federal financial assistance), in conjunction with section 508 of the Rehabilitation Act of 1973, as amended, 29 USC Section 794d (created the U.S. Access Board to regulate websites, electronic information and communication technology (EICT) accessibility); Section 255, of the Communications Act of 1934, as amended; 24 CFR Part 8, including sections 8.3 and 8.4; and 36 CFR Part 1194, 36 CFR §§ 1194.1. 1194.2, and Appendices B and C to Part 1194 (accessibility standards for disabled to communication technology); see U.S. Access Board website;
2) The California State Department of Rehabilitation maintains an Assistive Technology website with resources for services to achieve compliance with recognized standards for non-discriminatory accessibility.

11. Relocation, Displacement, and Acquisition
Grantee shall comply with the provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, in 24 CFR Part 42, 49 CFR Part 24, and 42 U.S. §5304(d) as they apply to the performance of this Agreement. Grantee agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds and to the displacement of persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds.

12. The Training, Employment, and Contracting Opportunities for Business and Lower Income Persons Assurance of Compliance (Section 3):

The Grantee and any of its Subrecipients and/or Contractors shall comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), and implementing regulation at 24 CFR, Part 75. The responsibilities outlined in 24 CFR Part 75.19 include:
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
A. Implementing procedures designed to notify Section 3 workers about training and employment opportunities generated by Section 3 covered assistance and Section 3 business concerns about contracting opportunities generated by Section 3 covered assistance.

B. Notifying potential Contractors for Section 3 covered projects of the requirements of Part 75, Subpart C and incorporating the Section 3 clause set forth below in all solicitations and contracts in excess of $100,000 as required at 24 CFR 75.27.

Section 3 Clause
The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

The parties to this contract agree to comply with HUD's regulations in 24 CFR. Part 75, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 75 regulations.

The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 75 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 75. 97 Item 6.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
The contractor acknowledges that subrecipients, contractors, and subcontractors are required to meet the employment, training, and contraction requirements of 24 CFR 75.19, regardless of whether Section 3 language is included in recipient or subrecipient agreements, program regulatory agreements, or contracts.

The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 75.

Noncompliance with HUD's regulations in 24 CFR Part 75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

The contractor agrees to submit, and shall require its subcontractors to submit to them, annual reports detailing the total number of labor hours worked on the Section 3 Project, the total number of labor hours worked by Section 3 Workers, and the total number of hours worked by Targeted Section 3 Workers, and any affirmative efforts made during the quarter to direct hiring efforts to low- and very low-income persons, particularly persons who are Section 3 workers and Targeted Section 3 workers.

C. Facilitating the training and employment of Section 3 workers and the award of contracts to Section 3 business concerns by undertaking activities such as described in 24 CFR Part 75.25(b), as appropriate, to reach the goals set forth in 24 CFR Part 75.23 and in Federal Register Vol. 85, No. 189, page 60909, until superseded by HUD in a subsequent publication. As of September 29, 2020, the minimum Section 3 benchmark is twenty-five (25) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Section 3 workers; and five (5) percent or more of the total number of labor hours worked by all workers on a Section 3 project are Targeted Section 3 workers.

Documenting actions taken to comply with the foregoing requirements, the results of those actions taken and impediments, if any.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

13. Environmental Compliance
A. Grantee shall comply with the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., as amended, and 33 U.S.C. § 1318 relating to inspection, monitoring, entry, reports, and information, and all regulations and guidelines issued thereunder.

B. Grantee shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.

C. Grantee shall comply with Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50 regarding air quality protections, as amended.

D. Grantee shall comply with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. §4001). Grantee shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, that flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation).

E. Grantee shall comply with the requirements of the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Section 401(b) of the Lead-Based Paint Poisoning Prevention Act of 1971. Grantee agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR §570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBGassisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of leadbased paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be required.

F. Grantee shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), the Archaeological and Historical Preservation Act of 1974 (Public Law 93-291), and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they 99 Item 6.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
apply to the performance of this agreement. Grantee shall also comply with federal Executive Order 11593 on the protection and enhancement of the cultural environment. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list.

G. Grantee shall comply with all National Environmental Policy Act (NEPA) requirements as applicable to the performance of this Agreement as found in 24 CFR Part 50, 24 CFR Part 58, as applicable, and 40 CFR Parts 1500 – 1508.

The CARES Act provides that CDBG-CDBG funds may be used to cover or reimburse allowable costs of eligible activities to prevent, prepare for, and respond to coronavirus incurred by a Grantee after January 21, 2020. However, Grantee shall not execute this Agreement nor receive reimbursement for preagreement eligible activity costs until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.

This Agreement does not constitute a commitment of funds or site approval, and the commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the Grantee of an approval of the request for release of funds and certification from the Department under 24 CFR Part 50, 24 CFR Part 58, and 40 CFR 1500 - 1508. The provision of any funds to the project is conditioned on the Grantee’s determination to proceed with, modify or cancel the project based on the results of the environmental review. The Grantee will not receive appropriate notice to proceed until they have successfully documented compliance with the applicable NEPA requirements, including public noticing and publishing.

14. Procurement
The Grantee shall comply with the procurement provisions in 2 CFR Part 200.317 – 200.326, Procurement Standards, as well as all other Administrative Requirements for Grants and Cooperative Agreements to state, local and federally recognized Indian tribal governments as set forth in 2 CFR 200, et al, as applicable.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

15. Procurement of Recovered Materials
A. Grantee and the Grantee’s contractors shall comply with Section 6002 of the Solid Waste Disposal Act of 1965, as amended by the Resource Conservation and Recovery Act. The Contractor shall procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, unless the Contractor determines that such items:
1) are not reasonably available in a reasonable period of time; 2) fail to meet reasonable performance standards, which shall be determined on the basis of the guidelines of the National Institute of Standards and Technology, if applicable to the item; or
3) are only available at an unreasonable price.

B. This clause shall apply to items purchased under this Agreement or subsequent contract where:
1) the Contractor purchases in excess of $10,000.00 of the item under this Agreement; or
2) during the preceding federal fiscal year, the Contractor:
a) purchased any amount of the items for use under a contract that was funded with Federal appropriations and was with a Federal agency or a State agency or agency of a political subdivision of a State; and
b) purchased a total of in excess of $10,000.00 of the item both under and outside that contract.

16. Contracting and Labor Standards
A. Grantee shall comply with the Davis-Bacon Act (40 U.S.C. §§ 3141-3148) and 29 CFR Subtitle A, Parts 1, 3 and 5, as applicable, to construction, alteration, and repair contracts over $2,000.00.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
B. Grantee shall ensure that all contracts comply with the Anti-Kickback Act of 1986 (41 U.S.C. §§ 51-58) that prohibits attempted as well as completed "kickbacks," which include any money, fees, commission, credit, gift, gratuity, thing of value, or compensation of any kind.

C. Grantee shall ensure all contracts comply with the Contract Work Hours and Safety Standards Act of 1962 (40 U.S.C. § 3702) which requires that workers receive overtime compensation at a rate of one and one-half (1-1/2) times their regular hourly wage after they have worked forty (40) hours in one week.

D. Grantee shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the Department for review upon request.

17. Prevailing Wages
A. Where funds provided through this Agreement are used for construction work, or in support of construction work, the Grantee shall ensure that the requirements of California Labor Code, Chapter 1, commencing with Section 1720, Part 7 [California Labor Code Sections 1720-1743] (pertaining to the payment of prevailing wages and administered by the California Department of Industrial Relations) are met.

B. Where funds provided through this Agreement are used for construction work or in support of construction work, the Grantee shall also ensure that the federal requirements of the Davis Bacon Act codified at 40 U.S.C. 3141, et seq. (as amended), pertaining to federal labor standards and compliance, are met and documented. Grantee recognizes that multiple labor standards (both state prevailing wage and federal Davis-Bacon Act) may apply to the project and both standards must be satisfied.

C. For the purposes of this requirement "construction work" includes, but is not limited to, rehabilitation, alteration, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract with a properly licensed building contractor incorporating these requirements (the "construction contract"). Where the construction contract will be between the Grantee and a licensed building contractor, the Grantee shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the Grantee will provide funds to a third party that will enter into the construction 102
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
contract with a licensed building contractor, the third party shall serve as the "awarding body." Prior to any disbursement of funds, including but not limited to release of any final retention payment, the Department may require a certification from the awarding body that prevailing wages have been or will be paid.

D. The applicable wage rate determination on construction work will be the more restrictive of the rate prescribed in the California Labor Code Sections 1770- 1784, or the Davis-Bacon Wage Determination.

18. Contractors and Subrecipients
A. Grantee shall comply with 24 CFR Part 2424 and shall not enter into any agreement, written or oral, with any contractor or subrecipient without the prior determination that the contractor or subrecipient is eligible to receive CDBG funds and is not listed on the Federal Consolidated List of Debarred, Suspended, and Ineligible Contractors.

B. Any agreement between the Grantee and any contractor or subrecipient shall include the terms and conditions in Appendix II of 2 CFR 200.

C. Grantee shall ensure that any contract or subrecipient agreement includes clauses requiring the maintenance of workers’ compensation insurance, as applicable, as well as general liability insurance. Contract or subrecipient agreements must require that the Grantee is notified in the event that any required insurance is canceled, expired, or otherwise invalidated during the performance period of the contract or subrecipient agreement.

D. Grantee shall require that contractors and subrecipients comply with the Drug-Free Workplace Act of 1988.

19. Requirements for Economic Development Activities
A. Public Benefit Standards for Economic Development Activities: Per 24 CFR 570.482 (e) (f), (g) and 570.483(b)(4), the Grantee must comply with federal underwriting standards and must meet the public benefit standards for all CDBG Economic Development activities under 42 U.S. §5305(a)(17). The use of public benefit standards is mandatory.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
B. Anti-Job Pirating Certification: Pursuant to 24 CFR 570.482(h) CDBG funds may not be used to directly assist a business, including a business expansion, in the relocation of a plant, facility, or operation from one labor market area to another labor market area if the relocation is likely to result in a significant loss of jobs in the labor market area from which the relocation occurs. Job loss of more than 500 employees is always considered significant. Job loss of 25 or fewer positions is never considered significant.

20. Rights to Inventions Made Under a Contract or Agreement Grantee shall comply with and require the following in contracts and subrecipient agreements: If a Federal award meets the definition of “funding agreement” under 37 CFR 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of recipient or subrecipient must comply with requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,“ and any implementing regulation issued by the awarding agency.

21. Prohibition Against Payments of Bonus or Commission The assistance provided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of:

A. Obtaining the Department's approval of the Application for such assistance or additional assistance; or,
B. Securing any other approval or concurrence of the Department required under this Agreement, Title I of the Housing and Community Development Act of 1974, or the State regulations or Program Guidelines with respect thereto; provided, however, that reasonable fees for bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs.

22. Reporting Requirements
A. Requirements: During the term of this Agreement, the Grantee must submit all CDBG program reports required by the Department, including quarterly activity, financial, and Program Income reports, semi-annual labor and compliance reports, annual performance reports, and other reports required by the Department or HUD. The Department reserves the right to request additional 104
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
detail and support for any report made. Reports must be made according to the dates identified, unless otherwise specified at the discretion of the Department.

The Grantee's performance under this Agreement will be evaluated in part on whether it has submitted the reports on a timely basis.

B. Reporting Period: Grantee shall submit reports quarterly, and as required for semi-annual and annual reports, and shall continue to submit reports until such time that the activity is complete, a National Objective has been met and beneficiaries have been identified. The reporting period for this activity may extend beyond the Contract Expiration Date as defined in Exhibit A.

C. Final Activity and Financial Reporting Deadline: Grantee shall complete by deadlines shown in Exhibit B Section 6 “Grant Closing Requirements”.

D. Asset Reporting: Grantee shall report annually on the status of all assets (real and personal property, equipment, and vehicles) purchased in whole or in part with CDBG funds for no less than five years from the completion of the activity that generated the asset. Reporting shall continue until the property is disposed, fully depreciated, or, in the event of real property, the five-year commitment to a National Objective has been completed.

23. Fiscal Controls
Grantee shall be responsible for the internal control and monitoring of fiscal and programmatic/operational goals and procedures. The Grantee shall establish and maintain such fiscal controls and fund accounting procedures as required by federal regulations, or as may be deemed necessary by the Department to ensure the proper disbursal of, and accounting for, funds paid to the Grantee under this Agreement.

A. Deposit of Funds: Grantee shall maintain separate accounts within established bookkeeping systems for the deposit of CDBG funds. All cash advances must be deposited in an interest-bearing account; any interest earned in excess of $100.00 per year (which may be retained for related administrative expenses) must be returned at least quarterly to HUD via the Department. Deposits in minority banks are encouraged.

B. Fund Management: Grantee shall deposit funds in an account requiring two signatures for disbursement;
C. Fiscal Liability: Grantee shall be liable for all amounts which are determined to be due by the Department including, but not limited to, disallowed costs which are 105
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
the result of Grantee’s or its contractor’s conduct under this Agreement. Grantee shall be notified in writing and shall be permitted to respond regarding any controversy or proceeding between the Department and HUD arising from this Agreement.

D. Fiscal Records: All financial transactions must be supported by complete and verifiable source documents. Records shall provide a clear audit trail and shall be maintained as specified in Section 25 of this Agreement.

E. Program Income: Any and all Program Income received by Grantee during the administration of this Agreement must be receipted and deposited into a separate Program Income account. Program Income funds may not be comingled with CDBG grant funds in a single account.

24. Reversion of Assets
Upon expiration of this Agreement, Grantee shall disencumber any CDBG funds, excluding Program Income, remaining in the contract at the time of expiration. Further, any real property under Grantee’s control that was acquired and/or improved in whole or in part with CDBG funds (including CDBG funds provided to the Grantee in the form of a loan and Program Income) in excess of $25,000.00 shall be either:

A. Used to meet one of the National Objectives in 24 CFR Part 570 until five (5) years after expiration or closure of this Agreement, the length of time to be further prescribed by mutual agreement of the parties.

B. Disposed of in such manner that Grantee is reimbursed in the amount of the fair market value of the property at the time of disposition of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition and/or improvement of such property. The proceeds from such disposition is Program Income.

If the Grantee provides funds for the purchase or improvement of real property to a subrecipient that is a private non-profit organization, that subrecipient must further agree to a voluntary lien on above-referenced real property as to any CDBG funds received and that such lien will be notarized and recorded in the Office of the County Recorder where the real property is located.

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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

25. Monitoring Requirements
The Department shall perform a program and/or fiscal monitoring of the CDBG grant no less than once during the thirty-six (36) month expenditure period of this Agreement.

The Grantee shall be required to resolve any monitoring findings to the Department's satisfaction by the deadlines set by the Department to maintain program eligibility.

Grantees and applicable subrecipients shall retain all books, records, accounts, documentation, and all other materials relevant to this Agreement for a minimum period of five (5) years after the Department notifies the Grantee that the HCD contract has been closed according to the record retention requirements at 2 CFR 200.333.

Grantees and applicable subrecipients shall permit the State, federal government, the state Bureau of State Audits, the Department, and/or their representatives, upon reasonable notice, unrestricted access to any or all books, records, accounts, documentation, and all other materials relevant to this Agreement for the purpose of monitoring, auditing, or otherwise examining said materials.

26. Inspections of Grant Activity
The Department reserves the right to inspect any grant activity(ies) performed hereunder to verify that the grant activity(ies) is being and/or has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement.

A. The Grantee shall inspect any grant activity performed by contractors and subrecipients hereunder to ensure that the grant activity(ies) is being and has been performed in accordance with the applicable federal, state and/or local requirements and this Agreement.

B. The Grantee agrees to require that all grant activity(ies) found by such inspections not to conform to the applicable requirements be corrected, and to withhold payment to its contractor or subcontractor, respectively, until it is so corrected.

27. Signs
If the Grantee places signs stating that the activity is funded with private or public dollars and the Department is also providing financing, it shall indicate in a typeface and size commensurate with the Department's funding portion of the project that the Department is a source of financing through the CDBG Program. 107
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023

28. Insurance
A. The Grantee shall have and maintain in full force and effect prior to the start of work, and at all times during the term of this Agreement such forms of insurance, at such levels as may be determined by the Grantee and the Department to be necessary for specific components of the grant activity(ies) described in Exhibit E. Prior to the commencement of any work, Grantee shall provide to the Department acceptable proof(s) of insurance confirming the required insurance coverages are in effect and naming the Department as an additional insured, where applicable. No insurance policy may be cancellable on less than thirty (30) calendar days prior notice to the insured and the Department. Grantees are responsible for requiring sufficient insurance, including but not limited to liability and workers compensation insurance, from all contractors and subrecipients.

Grantees are recommended to be listed as an additional insured on policies held by contractors or subrecipients for the implementation of this award. Where a Grantee insurance policy is required to be purchased specifically for the execution or implementation of the activity funded through this award, the Department must be listed as an additional insured on the declarations page of the policy.

B. Additional Coverages. In the event that Grantee, and/or any of its Subrecipients or Contractors,, will be engaging in any Hazardous Activity as part of the Collective Work contemplated by this Agreement, then the party(ies) engaging in any Hazard Activity(ies) shall provide to the Department, prior to commencement of any such activity(ies), such insurance coverages in such forms and in such amounts as the Department may require in its sole discretion. Such coverages are in addition to all other insurance coverages required by this Agreement and shall be imposed on any Subrecipient and/or Contractor pursuant to the Subrecipient Agreement or Contract. For purposes of the provision, the term "Hazardous Activity" includes the following: (a) the removal, storage, and/or transportation of any "hazardous material", as such term is defined under federal, state, or local law, ordinance, regulation, or guideline, (b) the removal, storage, or transportation of lead-based paint, (c) blasting, (d) any activity which by its nature is abnormally dangerous, and (d) any "ultrahazardous activity" as defined in California case law. In addition to providing proof of such required coverages, the party(ies) engaging in the Hazardous Activity(ies) shall procure, at its expense prior to the commencement of any work, all required permits, licenses, consents, and approvals that are required for the lawful conduct of such activities and shall provide adequate written proof thereof to the Department. No 108
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
Hazardous Activity work may be commenced, or contracted for, prior to the provision of the required insurance coverages and licensure proof to the Department.

29. Anti-Lobbying Certification
Grantee shall comply with and require that the language of this certification be included in all contracts or subcontracts entered into in connection with this grant activity(ies) and that all subrecipients 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 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00 and no more than $100,000.00 for such failure.

A. No federally 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, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

B. 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, it will complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

30. Conflict of Interest
Pursuant to 24 CFR 570.489(h), no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, including members and delegates to the Congress of the Unites States may obtain a financial interest or benefit from a CDBG assisted activity, or have a financial interest in any contract, subcontract 109
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
or agreement with respect to a CDBG assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure, or for one (1) year thereafter. The Grantee shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this section.

31. Obligations of Grantee with Respect to Certain Third-Party Relationships Grantee shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Program with respect to which assistance is being provided under this Agreement to the Grantee. The Grantee shall comply with all lawful requirements of the Department necessary to ensure that the Program, with respect to which assistance is being provided under this Agreement to the Grantee, is carried out in accordance with the Department's Assurance and Certifications, including those with respect to the assumption of environmental responsibilities of the Department under Section 104(g) of the Housing and Community Development Act of 1974 [42 U.S.C. 5304(g)].

32. Energy Policy and Conservation Act
This Agreement is subject to mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

33. State Contract Manual Requirements (Section 3.11, Federally Funded Contracts (Rev. 3/03):

A. All contracts, except for State construction projects that are funded in whole or in part by the Federal government, must contain a thirty (30)-day cancellation clause and the following provisions:
1) It is mutually understood between the parties that this contract may have been written for the mutual benefit of both parties before ascertaining the availability of congressional appropriation of funds to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.
2) This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the purpose of this Program. In addition, this contract is subject to any additional 110
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
restrictions, limitations, or conditions enacted by the Congress or to any statute enacted by the Congress that may affect the provisions, terms, or funding of this contract in any manner.
3) The parties mutually agree that if the Congress does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds.
4) The Department has the option to invalidate the contract under the thirty (30) day cancellation clause or to amend the contract to reflect any reduction in funds.

B. Exemptions from provisions A.1 through A.4 above may be granted by the Department of Finance provided that the director of the State agency can certify in writing that Federal funds are available for the term of the contract.

California Government Code § 8546.4(e) provides that State agencies receiving federal funds shall be primarily responsible for arranging for federally required financial and compliance audits, and shall immediately notify the Director of Finance, the State Auditor, and the State Controller when they are required to obtain federally required financial and compliance audits.

34. False, Fictitious or Fraudulent Claims:

Warning: Any person who knowingly makes a false claim or statement to HUD or the Department may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729.

Detecting, Preventing, and Reporting FRAUD
Fraud is a white-collar crime that has a devastating effect on the CDBG program because the CDBG program beneficiaries are victims of this crime when the CDBG program is abused.

HCD wants to stop any criminal assault on the CDBG program it administers, and in doing so all CDBG funds go to people it was designed to help and improve their living conditions.

Combatting Fraud
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EXHIBIT D
Program Name: Community Development Block Grant (CDBG)
NOFA Date: 04/19/2022; Amended on 06/17/2022 and on 08/12/2022 Approved Date: 04/20/2023
Prep. Date: 6/1/2023
The U.S. Department of Housing and Urban Development (HUD) Office of Inspector General (OIG) is committed to protecting HUD’s programs, operations, and beneficiaries from dishonest individuals and organizations.

HUD cannot combat fraud alone.

HUD relies on HCD and CDBG NOFA applicants to combat CDBG program fraud. HUD also relies on applicants for, and people receiving, HUD benefits, such as tenants receiving rental assistance, borrowers with HUD insured loans, or citizens having their communities restored using HUD grants.

The HUD OIG Hotline number is 1-800-347-3735, this is the primary means to submit allegations of fraud, waste, abuse, mismanagement or Whistleblower related matters for the CDBG program to the Office of Inspector General.

HUD OIG accepts reports of fraud, waste, abuse, or mismanagement in the CDBG program from HUD employees, anyone administering the CDBG program, anyone working in the CDBG program, contractors, and the public.

You can report mismanagement or violations of law, rules, or regulations by HUD employees or program participants.

Fraud, Waste and Abuse in the CDBG program and its operation may be reported in one of the following four (4) ways:

E-mail to: [email protected]
By Phone: Call toll free: 1-800-347-3735
By Fax: 202-708-4829
By Mail:

Department of Housing & Urban Development.

HUD OIG, Office of Investigation, Room 1200
Field Office
One Sansome Street
San Francisco, CA 94104
(213) 534-2518

HUD OIG, Office of Investigation
Suite 4070
Regional Office
300 North Los Angeles Street
Los Angeles, CA 90012
(213) 534-2518
112
Item 6.

Activity: City of Oroville- Neighborhood Cleanup Program Linked Form Applications
City of Oroville -Neighborhood Cleanups
Linked Form Profile

EXHIBIT E
Award Number
22-CDBG-NH-00008
PO Number
Section I
Choose your Activity Category from the list. Eligible activities are defined by 24 CFR §570.482 et. seq. https://www.law.cornell.edu/cfr/text/24/570.482
Activity Category
Programs
Choose your specific activity from the list based on HUD Matrix Code. Matrix code definitions can be located at: https://files.hudexchange.info/resources/documents/Matrix-Code-Definitions.pdf.

Activity (Programs)
05V Neighborhood Cleanups
Choose the national objective from the list. Criteria for national objectives can be located at 24 CFR §570.483. https://www.law.cornell.edu/cfr/text/24/570.483 National Objective (PS)
(LMA) Low/Mod Area Benefit
Check this box if the activity is in support of housing Section II
Choose the measure indicator from the list. Detailed information on performance measurements can be located in HUD’s Basically CDBG manual, Chapter 13. https://files.hudexchange.info/resources/documents/Basically-CDBG-Chapter-13-Performance-Measurement.pdf Measure Indicator (PS)
Persons Assisted
Please indicate the proposed number of beneficiaries of this activity. ###### LMA - Number of LMI persons in service area that will benefit.###### LMC - Number of LMI persons that will benefit###### LMH - Number of households that will benefit###### LMJ - Number of jobs created/retained
Number of Beneficiaries
19,501
Please check on all that apply, if applicable. For more information regarding presumed benefit types see 24 CFR §570.483(a)(2). https://www.law.cornell.edu/cfr/text/24/570.483 Presumed Benefit Types
Additional Benefit Types. Check all that apply, if applicable.

Families
Exhibit E City of Oroville
22-CDBG-NH-00008

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Item 6.

Section III
Enter your legal jurisdiction name and activity title. Example: City of Los Angeles Community Food Bank. You MUST follow the required formatting.

Program Title
City of Oroville- Neighborhood Cleanup Program
Enter the legal name of the Applying Non-Entitlement Unit of General Local Government Organization Name
City of Oroville
Enter the primary address of the Applying Non-Entitlement Unit of General Local Government Organization Street Address
1735
Organization Street Name
Montgomery St.

Organization Suite #
Organization City
Oroville
Organization State
California
Organization Zip Code
95965
Program Census Location
The Census information in this section will be used for legislative and congressional district tracking.

Please use the Census information of your primary facility or the designated address of the responsible organization. If you are doing a LMA activity, you will be asked to provide additional Census information specific to your service area. It is ok if the information is duplicative. ###### Use the HUD LMSI mapping tool located at
https://hud.maps.arcgis.com/apps/webappviewer/index.html?id=ffd0597e8af24f88b501b7e7f326bedd to gather the required census tract information as identified by the address below. For instructions on using the mapping tool visit: https://hud.maps.arcgis.com/home/item.html? id=ffd0597e8af24f88b501b7e7f326bedd###### Identify the census location data for the administrative entity of this application (if this is a county use the County Administration building, if this is a city use City Hall or an administrative facility).

Enter your County Code
007
Enter your Census Tract
28 Census Block Group(s)
02 Does this activity occur on more than one Census Tract and Block Group? Yes
County Code
007
Exhibit E City of Oroville
22-CDBG-NH-00008

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Item 6.

Census Tract
25 Census Block Group(s)
01, 02, 03, 04
County Code
007
Census Tract

26.02 Census Block Group(s)
01 County Code
007
Census Tract
27 Census Block Group(s)
01, 02, 03, 04, 05, 06
Are you using an income survey?
No
Upload survey findings
Low Mod percentage
55 Please upload the LMA service area map for your activity Low mod map.pdf
Section IV
Activity Address
City limits of City of Oroville, census tracts 25,27,28,29,30.01, 30.02, 31,33,37.small parts of 32 and 26.02 Activity Street Name
City limits of City of Oroville
Activity City
Oroville
Activity State
California
Activity Zip Code
95965, 95966
Enter a detailed description of your activity which should include at a minimum: what the activity is, why it is needed, who the beneficiaries will be, where will it take place, how it will be done and when it will be complete. This should be a similar description provided for the NEPA. Additionally, please indicate if this will be a new activity, a modification to an existing activity, or if a new type of assistance will be added to an existing activity.###### By completing the narratives below the applicant is demonstrating a knowledge of need for the activity and the steps needed to achieve the desired outcome.

Exhibit E City of Oroville
22-CDBG-NH-00008

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Activity Description
This new activity of Neighborhood Cleanup will reduce blight in residential areas of the City limits of Oroville. The City of Oroville is primarily low-mod at 55.20 % and this program will focus on the abatement of junk, trash and debris from an abundance of alley ways, and other public properties. The alleyways are used by children to walk to neighborhood schools, and parks and also used by public safety personnel who provide fire, medical and police services. Additionally, this activity will abate graffiti, address hazardous abandoned properties that are utilized by homeless and are frequently set ablaze due to unsafe heating practices. The program will assist by cleaning and manicuring parks used by citizens who live within the City and use the area for large gatherings that build neighborhood comradery and also used for local youth sporting events. The program will be ran by the Director of Code Enforcement, who will contract with a sub-recipient agreement with The Oroville Hope Center-City Works, who will in turn provide for and oversee a group of laborers to assist with the cleanup. Many of these laborers are homeless, in recovery or do not have job skills. The Oroville Hope Center will train, mentor and provide safety equipment to the laborer's. The City has recently expanded it's Code Enforcement Department to employ 6 full-time officers and a Director, funded with CDBG through 07/31/2022 and now CalOES. The city has been unable to fund any type of clean-up, only the enforcement using these funds. There are some residents who lack the financial, mental, or physical ability to maintain their homes to an acceptable standard. Additionally, squatters who inhabit vacant homes that soon become even more inhabitable due to the squalor. The City would like to be able to proactively address these properties using resources other than CDBG funding (volunteers, forcelabor, non-profits) By addressing all of these issues, the neighborhoods will not only be safer, the neighborhood will look better and in turn inspire community pride. This project will be on-going until there is no further funding or it is determined that it is not necessary to provide these services any longer. Cleaning up blighted properties is very important to the citizen's of Oroville. Our elected officials state that this is a main issue that their constituents bring up to them regularly. Additionally, its important because it involves the health and safety of our residents.

Provide a detailed narrative describing the steps to be taken to complete the activity. (i.e.: Task 1- create marketing plan; Task 2- hold a town hall meeting; Task 3- analyze feedback… etc.). This task narrative should indicate your knowledge of the steps and actions necessary to complete your activity. Narrative should include all actions taken to reach readiness through actions necessary for closeout.

Detailed Scope of Work - Task Narrative
T1: Prepare and Conduct Public Meeting to determine community need T2: Prepare NEPA, and all other required documentation
T3: Prepare and Conduct second Public Meeting to apply for CDBG funding, have council approve sub-recipient agreement with non-profit
T4: Prepare and submit application for funding
T5: Receive notification of funding and begin to clear conditions, if applicable T6: Execute Standard Agreement
T7: Go back to council and ask to accept award contract and set up budget T8: Notify non-profit that we were awarded and begin program implementation T9: Either monthly, or at a minimum, quarterly, receive invoice and explanation of work completed from non-profit T10: Report to CDBG through Ecivis and request reimbursement T11: Report on program accomplishments as required by standard agreement T12: Prepare and conduct Closeout public hearing.

Provide a detailed narrative describing the deliverables that will be completed as part of this activity. (i.e.: Deliverable 1- marketing plan; Deliverable 2- town hall meeting minutes; Deliverable 3- labor compliance files… etc.). This deliverable narrative should indicate your knowledge of the documentation necessary to monitor and evaluate activity compliance. These documents should be part of your project file and will be reviewed as part of your onsite monitoring.

Exhibit E City of Oroville
22-CDBG-NH-00008

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Item 6.

Detailed Scope of Work - Deliverable Narrative
D1: Public Hearing Meeting Minutes, meeting documents
D2: Executed and signed NEPA and required documents be be upload to eCivis D3: Public Meeting Minute for 2nd public meeting
D4: Receive award notification, request to incur costs prior to the execution of standard agreement. Execute standard agreement.

D5: Receive notice from state to proceed, accept funding and establish budget at council meeting D6: Set up budget in Financial System
D7: Maintain ERR file
D8: Maintain Procurement file, if applicable
D9: Receive Invoices from non- profit and process payment D10: Request for reimbursement in eCivis and submit required reports D11: Maintain Reporting files
D12: Maintain Closeout information
Section V
Will you need more than 30 days after the expenditure deadline to complete your beneficiary reporting, for example; reporting for activities that are in support of housing or economic development where it is likely that there will be a time gap between completion of the activity and reportable beneficiaries.

If you selected YES, please provide each milestone for the program as well as the anticipated completion date. There are spaces for 10 milestones, however only the first and last are mandatory. The first milestone is the proposed activity start date and the last milestone is the proposed notice of completion or completion date of the activity. Additional milestones are optional. Milestones provided in this section will become part of the Standard Agreement.

Will you need more than 30 days after the expenditure deadlines to complete your activity reporting? No
Do you want to add additional optional milestones?
No
Milestone #1 - Activity Start:

Begin Activity
**Milestone #1 must be completed no later than 60 days after execution of the STD 213 Milestone #2
Expend 25% of activity funds
Milestone #3
Expend 50% of activity funds
Milestone #4
Expend 75% of activity funds
Confirmation of Closeout - Milestone
Complete Activity Expend 100%
_Confirmation of Closeout Milestone must be completed no later than 90 days after the Expenditure Deadline.

Readiness Criteria
Is this a Code Enforcement Program?
No
Provide a narrative establishing there is a need for the service in your community. Narrative should incorporate third party evidence, studies, analysis, assessments, etc. Anecdotal letters of support are not documentation of need.

Exhibit E City of Oroville
22-CDBG-NH-00008

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Item 6.

Statement of Need for Public Service
Currently there are areas of severe blight in south Oroville and various other areas in the city limits of Oroville. The City has had a successful Code Enforcement program for several years, however, the City has not had any funding to resolve many of the issues. For instance, CDBG Code Enforcement funding only allows for the payment of salaries and wages to enforce codes, not funding to remedy the issues of blight. The Neighborhood Cleanup activity is the missing link that will allow for the City to sub contract with a local non profit to organize laborers to clean up the garbage and debris from identified lots, remove graffiti and any other task that will eliminate the blight. Currently, the City has 61 open residential code enforcement cases open, and in the past year have averaged 350-400 residential cases. Blight is a topic that is often brought from the public to city council to resolve. The Neighborhood Cleanup program will not only help beautify individual neighborhoods but also will spur pride of ownership of the entire Community. Additionally, cleanups will allow children to play without fear of being injured. The intent is to break the cycle of hopelessness and helplessness.

Attached is the South Side Blight Analysis and Report, prepared for the City of Oroville by RSG, Inc. in April 2022. This study aims to identify blighted conditions within the Study Area to help develop a revitalization plan and incentives to improve the the quality of housing supply in this portion of the City. The area was annexed by the City in 2015, at that time their was a visible contract between that area and the City limits. " It was marked by widespread structural deterioration and lower levels of municipal services including those of solid waste disposal, road maintenance, sanitary sewer systems and potable water infrastructure.

Additionally the Area was characterized by high volumes of calls for police services when compared to surrounding areas". Since the annexation, there have been efforts to remedy the quality of municipal services, however, other challenges have persisted.

Based on the Study description and methodology and assumptions, RSG, Inc. concluded that the Study Area is blighted based on the following conclusions:
*Low Income Population
*High Unemployment Rates
*High Crime Rates
*Deteriorated Commercial or Residential Structures
Of the 1,219 parcels surveyed for this report, 25.9% of the residential parcels and, 20% of the vacant or uninhabited parcels have at least one type of deterioration indicating blight. Pictures are attached for examples of the blight.

Other documentation included are:
*Investigating Neighborhood and Area Effects on Health (Ana V. Diez Roux, MD, PhD) *Neighborhood Stabilization Strategies for Vacant and Abandoned Properties, Emory University School of Law ( Frank S.

Alexander and Leslie A. Powell)
*Urban Blight and Public Health: Addressing the Impacts of Substandard Housing, Abandoned Buildings and Vacant Lot (Erwin de Leon and Joseph Schilling)
*Vacant and Abandoned Properties: Turning Liabilities into Assets: Office of Policy Development and Research, U.S.

Department of Housing and Urban Development
The common theme in all of these studies is that vacant and abandoned properties are linked to increased rates of crime and declining property values and that the
Evidence of Need for Public Service
Third party studies establishing need, Jurisdiction driven assessments or evaluations of need, Published documentation of need (newspaper, journal, etc.)
Public Service Supporting Documentation
2022 South Oroville Blight Report 042022 (DRAFT).pdf
Public Service Supporting Documentation
pictures.pdf
Public Service Supporting Documentation
Combined Articles.pdf
Public Service Supporting Documentation
Indicate whether there is a lack of service or if existing services do not meet demand. Describe documentation supporting the lack/shortage of services and document there is no reasonable access to the proposed service or program from another service pro Exhibit E City of Oroville
22-CDBG-NH-00008

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Item 6.

Provide a narrative indicating there is no reasonable access to the service The City has been utilizing 2017 CDBG funding for Code Enforcement. This grant funding expired 07/31/2022. Additionally, this funding only allowed for the enforcement of Code Violations, no funding to remediate the violations. Although the 2017 CDBG grant expired, City will be able to continue the Code Enforcement program due to a CalOES grant that will supply additional Code Enforcement officers. However, there still is no funding earmarked for the clean up of these violations. There is a LACK of these services in Oroville and no other funding for these services in Oroville.

Reasonable Access
List of service providers providing a similar service in the area/county with locations Documentation may include maps indicated location of closest services, lack of routes or insufficient frequency in public transportation to provide access to existing locations, listings and descriptions of active non-profits and public agencies in the area to demonstrate a lack of service providers.

Documentation should support that there is a need for the service in the community. Letters of support or anecdotal statements of inaccessibility will NOT be considered adequate documentation.

Reasonable Access Supporting Documentation
social service organizations.pdf
Reasonable Access Supporting Documentation
Reasonable Access Supporting Documentation
Describe the target population for the service. Indicate whether the population is growing or shrinking and if/how that change is related to the need for services. Describe how you intent to reach that population in your community.

Provide a narrative indicating why the population needs this services This is a program that provides services to all areas of the City of Oroville, not a distinct population. This public services, services mostly areas high segregation and poverty, but can overspill into areas of low resource. The problem of blight in these areas seem to be growing much as the issues of homelessness. The City Code Enforcement Department will provide outreach to these areas and work with community leaders to spur pride in the community. Much like we are doing in South Oroville. According to the City's 2022-2030 Housing Element, most of the Census Block Groups in Tracts 28, 30.01 and 30.02 have the lowest median household income and are also areas in Oroville with high segregation and poverty and where much of our Code Enforcements efforts are focuses. The City's population grew in size by more than 25% in 2019 compared to 2010. Additionally, families experiencing poverty in Oroville is significantly greater than the State of California as a whole: 25.5% compared to 13.4%. The individuals in Oroville experiencing poverty is also greater than California as a whole:17.2% compared to 9.6%. Please see Housing Element at https://www.cityoforoville.org/Home/Components/News/News/2357/26. page 83, 87,88,91,97 Documentation may include growth or changes in specific populations (such as homeless, elderly, youth, large families, individuals living in poverty) that are the targeted beneficiaries of the services.

Documentation may also include information that identifies the lack of services as a component to population loss (eg, lack of senior support services means seniors cannot age in place and must move to other areas where there are more services). Documentation should be as specific as possible and use public data sources (US Census, PIT counts, School District Data, Academic studies, Needs Assessments, Newspaper Articles, etc) whenever possible. Letters of support or anecdotal statements of causality will NOT be considered adequate documentation.

Population Documentation
Documentation of population changes
Population Supporting Documentation
City of Oroville Housing Element.docx
Population Supporting Documentation
Population Supporting Documentation
Exhibit E City of Oroville
22-CDBG-NH-00008

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Item 6.

Indicate the number of grants awarded and managed by the applying Unit of General Local Govenrment in the last 48 months
4 or more grants
List the grants awarded & managed by the Applying Unit of General Local Government in the last 48 months. 17 CDBG-12014 Code Enforcement $500,000 expiring in July 2022 20CDBG12017 Public Service YMCA $500,000
20CDBG12018 Public Service The Axiom $193,500
20CDBG12046 Public Service Catalyst $387,257
20CDBG12066 FTHB $1,000,000
20CDBG12067 Housing Rehab $750,000
20CDBG-CV1-00100 Loan to purchase building $114,870
20CDBG-CV23-00112 Wyandotte Academy Improvements $305,001 20CDBG-CV23-00113 Utility Assistance Program (though we are in the process of canceling this program and moving money to CV00112) $113,000
21CDBG-PI-00009 Purchase Fire Engine $452,000
21CDBG PI-00010 Housing Element Update $113,000
20-DRMHP-21003 Disaster MHP $8,850,089
18-HOME12580 Homeownership Assistance $1,000,000
19-HOME 14971 Homeownership Assistance $1,000,000
20-PLHA-15545 $137,051
Partners and/or collaborators are: committed, engaged, interested and in support of the outcome of the proposed activity.

Provide a narrative listing your partners and collaborators City is partnering with the Oroville Hope Center-City Works Program, Haven of Hope on Wheels, Jordan's Crossing, African American Family and Culture Center and the Oroville Rescue Mission to implement the Neighborhood Clean-up Program. The intent is that the City will enter into a sub-recipient agreement with Oroville Hope Center-City Works program who will be responsible for the administration of the program They will be the main contact for the City. City will contact City Works and let them know what properties needed abatement, City works would them work with the other non-profits to identify laborers to do the clean-up, City Works would put together a report of each property and invoice the City for the work completed. City and City Works would partner together to obtain dumpsters for the clean up projects and any other supplied need for clean up.

List of collaborators/partners. Select all that apply for your program. Make sure to indicate what partners are included in your narrative and provide documentation of commitment.

Non-Profit service providers
Upload Partners/Collaborators Supporting Documentation
R-9056 Hope Center A-3417.pdf
Please include a narrative describing your staff and/or contractor/subrecipient expertise:

Housing Director has approximately 18 years experience managing all aspects of federal and state funding, such as CDBG, HOME, USDA, CalHOME, PLHA, State Parks, FEMA,, etc. Tasks included all aspects of grant management from grant writing, clearance of conditions, procurement, NEPA, reporting, financial management, public outreach, public meetings, all the way through closeout.

Director of Housing will partner with the Director of Code Enforcement who has more than 20 years experience in police work and code enforcement. As a team, they will implement this new program. Director of Code Enforcement will be the liaison with the Hope enter-City Works Program and oversee all of the actual program activities, while the Director of Housing will implement all of the administrative requirements.

The Subrecipient Agreements must meet the requirements of 24 CFR §570.503:
https://www.law.cornell.edu/cfr/text/24/570.503 Contracts must be in compliance with 2 CFR §§200.317-200.326:. https://www.ecfr.gov/cgi-bin/text-idx?node=2:1.1.2.2.1.4.31&rgn=div7 Contracts should include language required in Appendix 2 of 2 CFR 200:
https://www.law.cornell.edu/cfr/text/2/appendix-IItopart_200 Do you have a draft/signed agreement with a contractor/subrecipient? Yes
Exhibit E City of Oroville
22-CDBG-NH-00008

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Item 6.

Upload draft/signed agreement(s)
R-9056 Hope Center A-3417.pdf
View Budget Worksheet
View Application Goals
Original Submission Date (for re-submissions)
Exhibit E City of Oroville
22-CDBG-NH-00008

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Budget Gap/
Uses (line item budget) Total Activity Costs 2022 CDBG City Funds [Source 3] [Source 4] [Source 5] [Source 6] [Source 7] [Source 8] [Source 9] CDBG-CV1 CDBG PI Duplication of Benefits $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
Outside Services $ 482,000.00 $ 347,000.00 $ 135,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Dumpter Rental $ 58,000.00 $ 58,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Supplies $ 25,000.00 $ 25,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 565,000.00 $ 430,000.00 $ 135,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Line Item] $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Salary and Wages $ 27,500.00 $ 27,500.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Office Expenses $ 1,000.00 $ 1,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Telecommunications $ 1,500.00 $ 1,500.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Outside Services $ 5,000.00 $ 5,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total $ 35,000.00 $ 35,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Activity Total $ 600,000.00 $ 465,000.00 $ 135,000.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - [Activity Costs Category 2 (i.e. Activity Delivery, Materials, Labor)] General Administration
Instructions: Fill out the above line item budget with you projected activity costs. You may identify the line items by category, such as activity delivery, activity, and admin, or by any other activity categories that apply to your activity. Do keep you administration costs categorized under the General Administration category. Fill in the jurisdiction and activity information at the top of the form, and Identify the spedific resources (funds) that will be used to pay for each line item in each category. If you do not have CDBG-PI, please leave those fields blank. If your budget line item has a budget gap, the "Gap/Duplication of Benefits" column will show a red shaded field and a number indicating your budget gap in parenthesis. If you have a potential duplication of benefits, the column will show a blue shaded field and a number indicating your budget overage. Please make sure to include ALL of you potential resources, including FEMA, HCD, HUD, CARES Act, and other State and Federal funds, as well as local funds from fees, trust funds, and taxes, and any foundation or private donation funding, including insurance payments. If you are unsure if a resource should be included, please contact Jessica Hayes at [email protected]. Please fill in the fields with a bracket [ ] and the funds. Please do not delete or alter formulas. The collored columns have no significance. They are colored only to make it easier to track across funding source.

City of Oroville Neighborhood Clean up Amy Bergstrand
Sources
Activity Costs
Duplication of Benefits Tracking
Exhibit E City of Oroville
22-CDBG-NH-00008

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Passthrough Agency: Report Date: 05/11/2023
Program: Requested By: Amy Bergstrand
Stage: [email protected]
Budget Items
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type Activity outside Services 0 $0.00 $0.00 $382,000.00 $0.00 $0.00 Direct Cost Activity Dumpster Rental 0 $0.00 $0.00 $58,000.00 $0.00 $0.00 Direct Cost Activity Supplies 0 $0.00 $0.00 $25,000.00 $0.00 $0.00 Direct Cost 0 $0.00 $0.00 $465,000.00 $0.00 $0.00
Gen Admin Salary and Wages 0 $0.00 $0.00 $27,500.00 $0.00 $0.00 Direct Cost Gen Admin Office Expense 0 $0.00 $0.00 $1,000.00 $0.00 $0.00 Direct Cost Gen Admin Telecommunication 0 $0.00 $0.00 $1,500.00 $0.00 $0.00 Direct Cost Gen Admin Outside Services 0 $0.00 $0.00 $5,000.00 $0.00 $0.00 Direct Cost 0 $0.00 $0.00 $35,000.00 $0.00 $0.00
0 $0.00 $0.00 $0.00 $0.00 $0.00
Other
Category Title Description Units Unit Cost Extended Cost Direct Cost Indirect Cost GL Account Cost Share Type 0 $0.00 $0.00 $0.00 $0.00 $0.00
0 $0.00 $0.00 $500,000.00 $0.00 $0.00
Budget Report, Created by Amy Bergstrand, [email protected], 05/11/2023 Source: eCivis™ Portal
http://www.ecivis.com/
Activity Delivery Total
Other
Other Total
Grant Total
Activity
Activity Total
General Administration
General Administration Total
Activity Delivery
Budget Report
California Department of Housing and Community Development CDBG - Non-Housing Competitive (2022)
Pre-Award
Exhibit E City of Oroville
22-CDBG-NH-00008

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, POLICE CHIEF
RE: POLICE DEPARTMENT RECRUITMENT AND DIGITAL MARKETING

CAMPAIGN
DATE: JULY 18, 2023

SUMMARY
The Council may consider and approve an agreement with Trespasser Inc to produce recruitment and marketing material for the Oroville Police Department.

DISCUSSION
The Police Department and other agencies nationally have been experiencing a shortage of qualified applicants for the sworn police officer position. With the continued increase in population and calls for service within the Oroville City limits, the effects of this shortage have been demanding for the department's current staff.

To recruit new employees, department staff has expanded its recruiting efforts by attending job fairs and recruitment events at community colleges, universities, high schools, and law enforcement academies. In addition, staff has revamped the department's online presence by utilizing social media for various department activities and updates; most importantly, social media has been the biggest driving force in advertising department career opportunities.

To further develop the department's recruitment and digital marketing, the department has identified creative ways to draw in candidates to consider applying for open positions. The department has determined that producing several videos will benefit the department to be utilized on social media, TV commercials, and recruitment events.

After conducting research, staff contacted over ten production and film companies; of the ten companies, five were qualified, open, and interested in producing said content. Staff conducted informal interviews with the companies and received three quotes. Based on experience, equipment, and vision, staff has selected Spencer Davies and co of 'Trespasser Production' for the proposed project.

Trespasser Production has worked with diverse clients, including Adobe, Tesla, Ford, Boot Barn, Carson City Nevada, Porsche, BMW, Nike, Cal Fire, US Forest Service, El Dorado Resource Conservation District, and many other high-end brands and government agencies.

Trespasser Productions has developed a clear outline and vision for this campaign and has state-of-the-art equipment needed to create high-quality equipment. 124
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On July 4, 2023, the department utilized Trespasser Productions for a smaller video project.

Upon completing that project, staff determined that Trespasser Production is qualified, organized, and reliable to complete this campaign to our expectations.

Trespasser requests the rate of $28,750.00 to complete this task; the rate is based on the California multiple awards schedule rate scale administered by the Department of General Services, also known as the DGS. This rate includes the Final recruitment video(s), Photography from the video shoot to be used for the website, or any other promotional material. Upon request, Oroville Police Department will have access to all raw materials.

FISCAL IMPACT
The total cost in the amount of $28,750.00 will be reduced from Fund 153 – Police Supplemental Law Enforecment Fund.

RECOMMENDATION
Authorize staff to contract with Trespasser Productions for recruitment and digital marketing content.

ATTACHMENTS

1. Trespasser Production & Oroville Police Recruitment Package 125
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OROVILLE POLICE
Trespasserproductions.com
126
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Our film opens High and wide as we fly over the Oroville bridge. We see a Squad car traveling across it. We hear voiceover of officers talking about the key things needed to be a great officer. Integrity & Honesty, Professionalism,Respect for Others, Community Service,Open Communication, Accountability,Teamwork/Cooperation.

Integrity
127
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Professionalism
Using interviews with current Oroville Officers we will weave the story together showing the things needed to serve the community and highlight the great aspects Of working for Oroville PD as well as of course the cool Hi speed and tech stuff. Our goal is to use the current Oroville officers to Highlight the agency’s competitive advantages. Culture? Location? Ability to grow as an officer? 128
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Respect
As we hear interviews of Current Oroville Police officers talking about the Job, our films pace speeds up. We start by talking about the benefits of being in Oroville and the lifestyle it brings As well as recreational activities. ..An agency’s community reputation is a critical step in modernizing the field of law enforcement.

Establishing trust within the community is integral for building bridges and fostering meaningful relationships between police officers and local citizens. To build trust, police agencies must champion transparency and accountability – two essential criteria for solid public confidence and rapport. 129
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Teamwork
After Explaining some advantages of the location and community we get into the competitive Advantages of the agency. This Is where the heart pumping action starts.

We show off all the Cutting edge technology and training Oroville PD has to offer.

DO YOU HAVE WHAT IT TAKES? Showing off the exciting part of the job we follow Oroville pd in some cutting edge training exercises.!
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Moving into the future with technology. Oroville Police Department provides its officers with a wide variety of opportunities for advancement through promotion, lateral and secondary positions…
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Community Service
We strive to find only those candidates who possess a strong work ethic, have high moral character, are resolute in their honesty and integrity, and have a sincere desire to serve their community…
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THE GOAL

CONTENT THAT DEMANDS ATTENTION
TRESPASSER™ understands the difficulty of recruiting in the 21st century. To overcome this police recruiting shortage, we will Help Oroville PD develop a police recruiting campaign that focus on reaching your audience with datadriven strategies. Through creative well developed and targeted content. We also Have the ability to provide other marketing materials such as a recruiting website, Social media content and strategy.
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HOW
Establish your goals as a department, and what you hope to achieve.Discuss your mission, values, and brand.Develop a film that uniquely communicates you to your specific audience.Help craft content that builds on what we’ve accomplished so far, and helps build your audience and connection online.
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Trespasser™ will need access to key players at the agency and need to learn about the Oroville PD as a whole. We need to know your goals as an agency more specifically your communication needs. From learning we will work directly with Oroville PD to craft distinguished and enduring original content to achieve Oroville’s recruiting and communication goals.

WHAT We NEED
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The duty of the Oroville Police Department is to safeguard the lives and property of those we serve and to hold perpetrators accountable for their actions. Through community partnership, we promise to work diligently every day to reduce the incidence of crime and improve the quality of life. Our mandate is to do so with honor and integrity, while at all times conducting ourselves with the highest ethical standards to maintain public confidence. This message is crucial and will be at the forefront of everything we do.

WHO ARE YOU
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We thought you’d never ask! TRESPASSER™ is a
Cutting Edge global production partner based out of
Sacramento, CA that specializes in crafting distinguished and enduring original content. Our goal is to collaborate with the world’s leading government agencies, brands
and media groups. Using our network of radiant
emerging talent, we create inspiring visuals.

WORK LINKS:
https://vimeo.com/652196624
https://vimeo.com/647449741
https://vimeo.com/265006058
https://vimeo.com/699215250
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TRESPASSER™ was founded in 2008 with the goal of helping clients thrive in today’s highly competitive marketing environment. While other companies lean on traditional marketing, fearing favor of digital techniques, we’ve been on the leading edge of creating this new digital and social marketing environment. We have been fortunate enough to work with and continue to work with some of the biggest brands in the world including government agencies! A few clients
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NONDISCRIMINATION
At TRESPASSER™, we are committed to providing an environment of mutual respect where equal employment opportunities are available to all applicants and teammates without regard to race, color, religion, sex, pregnancy (including childbirth, lactation and related medical conditions), national origin, age, physical and mental disability, marital status, sexual orientation, gender identity, gender expression, genetic information (including characteristics and testing), military and veteran status, and any other characteristic protected by applicable law. TRESPASSER™ believes that diversity and inclusion among our teammates is critical to our success as a global company, and we seek to recruit, develop and retain the most talented people from a diverse candidate pool.” 140 Item 7.

Scope of Services
There are a lot of pieces involved in developing a compelling video but at TRESPASSER™, our extensive experience has taught us how to be a lean, mean, production machine!
Pre-production
Laying the right groundwork is essential to developing a great video. Pre-production is where we figure out the best game plan for our Accomplishments Documentary Film. We decide on the video concept, the look/feel and style, we plan a script, cast any actors in this case wrangle people for interviews, decide on location, and lock down all the other details involved with how the actual video is going to look, sound, and perform. 141
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Production
We're rolling! Now that we have the road map developed in the pre-production stage, it’s time to put it all together in front of the cameras. This is where our professional crew of Director, Director of photography, camera operators, sound engineers, and lighting techs do what they do best - Produce a great video! 142
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Post Production
If production is putting all the ingredients together to bake the cake from the recipe developed in pre-production, then post-production is putting the icing on that cake and making it look irresistibly delicious. Our editorial post-production team kicks in to shape your story, handle color-correction, record any voice overs, clean up the audio, add music, create graphics and in general make sure your video looks exactly like we planned in pre-production. It's at this stage that you’ll see the first cut. With this content we will cut a longer version for showing at potential funding opportunities and also a 143
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Final Revisions
Once you've seen the first cut, you’ll have a chance to share your thoughts with us. There is one round of revisions allowed at this stage, within reasonable expectations and within the scope of the original video concept. We understand how important messaging is for a Department and all channels revisions need to go through. 144
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Output
With the final cut complete and your approval signed-off, we create high quality files of your video that can be used for a variety of formats, In this case most likely web/Broadcast Delivery. Oroville PD will own exclusive rights to this final delivery content. Trespasser™ does ask to have the ability to use the film for marketing purposes. 145
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Concept: W.Spencer Davies TRESPASSER™ Productions

CLIENT RESPONSIBILITIES
• MEETING AVAILABILITY FOR KEY STAKEHOLDERS
•INTERNAL PROCESS TO GATHER FEEDBACK AND APPROVALS
•AVAILABLE FOR ANY INTERVIEWS
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RATE
Trespasser™ understands the scope of work involved in crafting distinguished and enduring video Content. Trespasser™ requests the rate of $28,750 to complete said task. The rate is based off the California multiple awards schedule rate scale administered by the department of general services also known as DGS. This Includes Final recruitment Video, Photography From the video Shoot to be used for website or any other Promotional materials. Oroville PD also Has access to all raw materials Upon request.
147
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Here at Trespasser™ We are huge fans of law
enforcement and are extremely honored to be
considered for this Recruitment video Project. We
want to help in anyway we can. Please feel free to
ask us any questions and let us know anyways we
can possibly help out!
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TrespasserProductions.com
[email protected]
(530)613-1635
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: MATT THOMPSON, P.E. ACTING CITY ENGINEER
RE: VACATION OF PUBLIC UTILITY EASEMENT
DATE: JULY 18, 2023

SUMMARY
The Council may consider a resolution vacating a public utility easement.

DISCUSSION
In 1950 the Central View Subdivision Map was recorded, and a public utility easement was dedicated to the City of Oroville. Over time, Oroville Hospital (Hospital) acquired some of the parcels in the tract. The Hospital is currently working on an improvement and expansion project. Part of the project includes frontage improvements along State Route 162 (also known as Olive Highway). The Hospital obtained an encroachment permit from the California Department of Transportation (Caltrans) for the frontage improvements. As a condition of approval for the encroachment permit, Caltrans requested right of way from the Hospital along the entire frontage. A small portion of the that right of way dedication includes a small sliver of the public utility easement granted to the City. Caltrans will not accept the right of way dedication unless it is unencumbered by the easement. All appropriate utility companies have been contacted and none have any current or planned use for the easement.

A description and a depiction of the abandonment are attached to the resolution.

FISCAL IMPACT
The vacation of the easement will have no fiscal impact on the City.

RECOMMENDATION
Adopt Resolution No. 9149 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

VACATING A PUBLIC UTILITY EASEMENT ADJACENT TO OLIVE HIGHWAY AND OVER PROPERTY OWNED BY OROVILLE HOSPITAL (APN 013-260-081) IN OROVILLE,

CALIFORNIA

ATTACHMENTS
Resolution with a description Exhibit A and a depiction Exhibit B. 150
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CITY OF OROVILLE
RESOLUTION NO. 9149

A RESOLUTION OF THE OROVILLE CITY COUNCIL

VACATING A PUBLIC UTILITY EASEMENT

ADJACENT TO OLIVE HIGHWAY AND
OVER PROPERTY OWNED BY OROVILLE HOSPITAL (APN 013-260-081)

IN OROVILLE, CALIFORNIA
WHEREAS, a public utility easement was conveyed to the City of Oroville, by that certain subdivision map entitled, “Central View Subdivision”, recorded in the Office of the Recorder of the County of Butte, State of California in Book 18 of Maps at Pages 17 and 18; and
WHEREAS, Oroville Hospital (Hospital) is constructing new and expanded facilities to better serve the community; and
WHEREAS, the California Department of Transportation (Caltrans) has required the dedication of right of way from the Hospital as a condition of the issuance of an encroachment permit to the Hospital for said construction; and WHEREAS, Caltrans will not accept said right of way if it is encumbered by an easement; and
WHEREAS, the Hospital has demonstrated that no utilities have a desire to retain the easement; and
WHEREAS, the City of Oroville desires to vacate the public utility easement.

NOW, THEREFORE, the Oroville City Council does resolve as follows:

1. The public utility easement described in the attached Exhibit “A,” and depicted on Exhibit B is hereby vacated pursuant to Chapter 4, entitled “Summary Vacation,” of Part 3, entitled “Public Streets, Highways, and Service Easements Vacation Law,” of Division 9, entitled “Change of Grade and Vacation,” of the California Streets and Highways Code (commencing with Section 8330).

2. The public utility easement being vacated does not have a name or other designation and is described in the attached exhibit “A.”

3. The public utility easement in question is no longer necessary because the property it overlies will be dedicated to Caltrans as right of way, therefore if any utilities were to have need of it they would have access by virtue of their franchise, as governed by the Public Utilities Commission.

4. After the date on which this resolution is recorded, the public utility easement being vacated will no longer have a separate and distinct existence as an easement, but will instead constitute part of Caltrans right of way. 151
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5. There is no possibility the proposed vacation of the public utility easement will have a significant effect on the environment, and it is therefore not subject to the California Environmental Quality Act.

6. That the City Clerk shall cause a certified copy of this Resolution, with the seal of the Oroville City Council to be recorded in the Office of the Recorder of the County of Butte, State of California.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on July 18, 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
152
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WHEN RECORDED RETURN TO:

CITY OF OROVILLE

PUBLIC WORKS DEPARTMENT
1735 MONTGOMERY STREET
OROVILLE, CA 95965
Space Above This Line for Recorder’s Use Only

CITY OF OROVILLE
RESOLUTION NO. 9149

A RESOLUTION OF THE OROVILLE CITY COUNCIL

VACATING A PORTION OF A PUBLIC UTILITY EASEMENT

ADJACENT TO OLIVE HIGHWAY AND OVER PROPERTY OWNED BY
OROVILLE HOSPITAL (APN 013-260-081) IN OROVILLE, CALIFORNIA

DOCUMENT TITLE

THIS PAGE ADDED TO PROVIDE ADEQUEATE SPACE FOR RECORDING INFORMATION 153
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CITY OF OROVILLE

STAFF REPORT
TO: OROVILLE CITY COUNCIL
FROM: LIZ EHRENSTROM, HUMAN RESOURCE MANAGER
RE: CONSIDER AND ADOPT THE SIDE LETTER AGREEMENTS BETWEEN THE CITY OF OROVILLE AND THE OROVILLE CITY EMPLOYEE’S

ASSOCIATION, OROVILLE MANAGEMENT ASSOCIATION, OROVILLE
POLICE OFFICER’S ASSOCIATION BOTH SWORN AND NON-SWORN

TO EXTEND MEMORANDUM OF UNDERSTANDINGS TO DECEMBER
31, 2023
DATE: JULY 18, 2023

SUMMARY
The City Council will consider and adopt the side letter agreements between the City of Oroville and the Oroville City Employee’s Association (OCEA), the Oroville Management Association (OMA), the Oroville Police Officer’s Association Sworn and Non-Sworn (OPOA-S) (OPOA-NS).

DISCUSSION
The Oroville City Employee’s Association (OCEA), the Oroville Management Association (OMA), the Oroville Police Officer’s Association Sworn and Non-Sworn (OPOA-S) (OPOANS) have agreed to an extension of their Memorandums of Understanding to December 31, 2023, to allow enough time to complete the citywide compensation study. The extensions include a one-time lump sum payment of $1,500 per employee and the extension of the side letter agreement approved by the city council on July 19, 2022, moving second-tier employees to first-tier salary schedule. Staff is recommending approval.

FISCAL IMPACT
Approximately $145,500

RECOMMENDATION
Adopt Resolution No 9161 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SIDE-LETTER

AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE CITY EMPLOYEES’ ASSOCIATION; and
Adopt Resolution No 9162 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SIDE LETTER 156
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AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE MANAGEMENT ASSOCIATION; and
Adopt Resolution No. 9163 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SIDE LETTER

AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE POLICE OFFICERS’ ASSOCIATION, SWORN AND NON-SWORN

ATTACHMENTS
Resolution No. 9161
OCEA Side Letter Agreement
Resolution No. 9162
OMA Side Letter Agreement
Resolution No. 9163
OPOA Sworn and Non-Sworn Side Letter Agreement
157
Item 9.

CITY OF OROVILLE
RESOLUTION NO. 9161

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A SIDE-LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE CITY EMPLOYEES’ ASSOCIATION (Agreement No. 1432-18)
BE IT hereby resolved by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a side-letter agreement between the City of Oroville and the Oroville City Employees’ Association. A copy of the Amendment is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on July 18, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Brian Ring, City Clerk
158
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CITY OF OROVILLE
RESOLUTION NO. 9162

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE CITY OF

OROVILLE AND THE OROVILLE MANAGEMENT ASSOCIATION
(Agreement No. 3083-10)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a side letter agreement between the City of Oroville and the Oroville Management Association. A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on July 18, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Brian Ring, City Clerk
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CITY OF OROVILLE
RESOLUTION NO. 9163

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO EXECUTE A SIDE LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE POLICE OFFICERS’ ASSOCIATION, SWORN AND

NON-SWORN
(Agreement No. 1447-14) (Sworn)
(Agreement No. 1448-13) (Non-Sworn)
NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

Section 1. The Mayor is hereby authorized and directed to execute a side-letter agreement between the City of Oroville and the Oroville Police Officers’ Association Sworn and Non-Sworn. A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 18, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Brian Ring, City Clerk
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: CODY NISSEN, ACTING AIRPORT MANAGER
RE: FAA GRANT ACCEPTANCE FOR AIRPORT IMPROVEMENT PROGRAM (AIP) PROJECT NO. 3-06-0178-028-2023 AT OROVILLE MUNICIPAL

AIRPORT AND STATE DEPARTMENT OF TRANSPORTATION AIP

MATCHING GRANT
DATE: JULY 18, 2023

SUMMARY
The Council may consider accepting a $262,800 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 $13,140 for the Airport Layout Plan Update.

DISCUSSION
The City is anticipating receiving an Airport Improvement Plan grant offer from the FAA in the amount of $262,800 for Airport Layout Plan Update. The City receives these grant offers for various updates and maintenance to our airport on a nearly annual basis. As of 7/11/23 the City has received this offer with a deadline for authorized signatures of 7/24/23. It is requested that Council authorize the City Administrator and the City Attorney to sign this these documents accepting this grant offer for the ALP update.

FISCAL IMPACT
There is no impact to the general fund. A 10% grant match is required from the City’s Airport Fund as is normally the case with FAA grants. An application will be made to CALTRANS for a 5% grant match that if successful, will result in the Airport Fund only needing to pay 5% which is $13,140. If the Caltrans does not provide a 5%, there are adequate funds in the Airport Fund to pay the 10% grant match of $26,280.

RECOMMENDATION
Adopt Resolution 9164 – 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. 3-06-0178-028-2023 AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE GRANT AGREEMENT.
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Adopt Resolution 9165 – 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

ATTACHMENTS
 Resolution No. 9164
 Federal Aviation Administration Grant Offer No. 3-06-0178-028-2023 for the Oroville Municipal Airport
 Resolution No. 9165
166
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CITY OF OROVILLE
RESOLUTION NO. 9164

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. 3-06-0178-028-2023 AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN THE GRANT AGREEMENT.

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

1. The City Council approves and accepts the Federal aviation administration grant offer for Airport Improvement Program Project 3- 06-0178-028-023 and authorizes the City Administrator to sign and execute all documents.

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 18, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 167
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CITY OF OROVILLE
RESOLUTION NO. 9165

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

1. The City Council authorizes the submittal of an application, acceptance of an allocation of funds and authorizes the City Administrator to sign and execute the grant agreement with the California Department of Transportation, for an Airport Improvement Program (AIP) Matching grant.

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on July 18, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 168
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3-06-0178-028-2023
1 U.S. Department
of Transportation
Federal Aviation
Administration
Airports Division
Western-Pacific Region
California
San Francisco Airports
District Office:
2999 Oak Road, Suite 200
Walnut Creek, CA 94597
{{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Ms. Dawn Nevers
Public Works Director
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Dear Ms. Nevers:

The Grant Offer for Airport Improvement Program (AIP) Project No. 3-06-0178-028-2023 at Oroville Municipal Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully.

You may not make any modification to the text, terms or conditions of the grant offer.

Steps You Must Take to Enter Into Agreement.

To properly enter into this agreement, you must do the following:

1. The governing body must give authority to execute the grant to the individual(s) signing the

2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement.

3. will automatically receive an email notification.

4. On the same day or after
attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement.

5. If there are co-sponsors, the authorize
the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than July 24, 2023. 6. The fully executed grant will then be automatically sent to all parties as an email attachment.

Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System.

Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution 169
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3-06-0178-028-2023
2 date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Yo
on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance.

Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows:

For all grants, you must submit by December 31st of each year this grant is open:

1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and

2. An SF-425 (Federal Financial Report).

For non-construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year.

For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter.

Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs.

Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards.

Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office.

FAA Contact Information. Joanne Manson, (925) 546-6439, [email protected] is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein.

We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project.

Sincerely,
{{Sig_es_:signer1: signature}} Laurie J. Suttmeier
Manager
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3 U.S. Department
of Transportation
Federal Aviation
Administration

FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM FY 2023 Airport Improvement Program (AIP)

GRANT AGREEMENT
Part I - Offer
Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Oroville Municipal Airport
FY2023 AIP Grant Number 3-06-0178-028-2023
Unique Entity Identifier EX91FLQMXKJ8
TO: City of Oroville
(herein called the "Sponsor")
FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")
WHEREAS, the Sponsor has submitted to the FAA a Project Application dated April 7, 2023, for a grant of Federal funds for a project at or associated with the Oroville Municipal Airport, which is included as part of this Grant Agreement; and
WHEREAS, the FAA has approved a project for the Oroville Municipal Airport (herein called the Update Airport Layout Plan (ALP) Narrative Report Study including Updated ALP Drawing Set and Aeronautical Survey
which is more fully described in the Project Application.

NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); Consolidated 171
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4 Appropriations Act, 2023 (Public Law 117-328); and the representations contained in the Project s adoption and ratification of the Grant Assurances
States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided;

THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

CONDITIONS

1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $262,800.

The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b):
$ 262,800 for planning;
$ 0 airport development or noise program implementation; and, $ 0 for land acquisition.

2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements:
a. Period of Performance:

1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement.

2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1). b. Budget Period:

1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph (2)(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period.

2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308.
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5 c. Close Out and Termination

1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days. (2 CFR § 200.344).

2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable.

3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable.

4. Indirect Costs - Sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the project application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages.

5. Determining the Final Federal Share of Costs.
costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs.

6. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, the regulations, and the procedures. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement.

7. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.

8. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before July 24, 2023, or such subsequent date as may be prescribed in writing by the FAA.

9. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, 173
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6 all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary.

10. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement.

11. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov).
b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 12. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees.

13. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation.

The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided i
Condition No. 1, Maximum Obligation.

The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States.

An informal letter amendment has the same force and effect as a formal grant amendment.

14. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement.

15. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports.
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7 16. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant.

17. Build America, Buy America. The Sponsor must comply with the requirements under the Build America, Buy America Act (Public Law 117-58).

18. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant Offer:
a. May not be increased for a planning project;
b. May be increased by not more than 15 percent for development projects if funds are available;
c. May be increased by not more than the greater of the following for a land project, if funds are available:

1. 15 percent; or

2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land.

If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment.

19. Audits for Sponsors.

PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Aud
http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements.

20. Suspension or Debarment.
180.200, the Sponsor must:
a. Verify the non-Federal entity is eligible to participate in this Federal program by:

1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or

2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or 175
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8 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity.

21. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to:

1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant.

2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as:
i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and
ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant.

22. Trafficking in Persons. a. Posting of contact information. 1. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms.
b. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this Grant, and i. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect; ii. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or
iii. Use forced labor in the performance of the Grant or any subgrants under this Grant.

2. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity 176
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9 i. Is determined to have violated a prohibition in paragraph (a) of this Grant Condition; or
ii. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (a) of this Grant Condition through conduct that is either
a) Associated with performance under this Grant; or
b) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that implemented by our agency at 2 CFR Part 1200.
c. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this Grant, without penalty, if a subrecipient that is a private entity 1. Is determined to have violated an applicable prohibition in paragraph (a) of this Grant Condition; or

2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated an applicable prohibition in paragraph (a) of this Grant Condition through conduct that is either i. Associated with performance under this Grant; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 18
implemented by our agency at 2 CFR Part 1200.
d. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a) of this Grant Condition.

2. Our right to terminate unilaterally that is described in paragraph (a) or (b) of this Grant Condition:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended [22 U.S.C. § 7104(g)], and
ii. Is in addition to all other remedies for noncompliance that are available to us under this Grant.

3. You must include the requirements of paragraph (a) of this Grant Condition in any subgrant you make to a private entity.
e. Definitions. For purposes of this Grant Condition:

1. 177
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10 i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this Grant; or ii. Another person engaged in the performance of the project or program under this Grant and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

3. i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR § 175.25. ii. Includes:
a) A nonprofit organization, including any nonprofit institute of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR § 175.25(b).
b) A for-profit organization.

4. have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).

23. AIP Funded Work Included in a PFC Application. Within 90 days of acceptance of this Grant Agreement, the Sponsor must submit to the FAA an amendment to any approved Passenger Facility Charge (PFC) application that contains an approved PFC project also covered under this Grant Agreement as described in the project application. The airport sponsor may not make any expenditure under this Grant Agreement until project work addressed under this Grant Agreement is removed from an approved PFC application by amendment.

24. . dated 02/19/2014, is incorporated
herein by reference or is submitted with the project application and made part of this Grant Agreement.

25. Employee Protection from Reprisal. a. Prohibition of Reprisals

1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) below, information that the employee reasonably believes is evidence of:
i. Gross mismanagement of a Federal grant;
ii. Gross waste of Federal funds;
iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or 178
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11 v. A violation of law, rule, or regulation related to a Federal grant.

2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee is covered are as follows:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency;
v. A court or grand jury;
vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or
vii. An authorized official of the Department of Justice or other law enforcement agency.
b. Investigation of Complaints.

1. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S.

Department of Transportation.

2. Time Limitation for Submittal of a Complaint. A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place.

3. Required Actions of the Inspector General. Actions, limitations, and exceptions of the c. Remedy and Enforcement Authority.

1. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to conduct or continue an investigation by the OIG, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2).

26. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)] and 2 CFR § 200.216.

27. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in their project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports.

SPECIAL CONDITIONS

28. Consultant Contract and Cost Analysis. The Sponsor understands and agrees that no reimbursement will be made on the consultant contract portion of this Grant until the FAA has 179
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12 estimate.

29. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring 180
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13 ct Application
incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

I declare under penalty of perjury that the foregoing is true and correct.1 UNITED STATES OF AMERICA

FEDERAL AVIATION ADMINISTRATION
{{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}} (Signature)
{{N_es_:signer1:fullname }}
(Typed Name)
{{*Ttl_es_:signer1:title }}
(Title of FAA Official)
1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 181
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14 Part II - Acceptance
The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application.

Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

I declare under penalty of perjury that the foregoing is true and correct.2 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} City of Oroville
(Name of Sponsor)
{{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} By: {{N_es_:signer2:fullname }}
Title:{{*Ttl_es_:signer2:title }}
2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 182
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15 I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of __California__. Further, I have examined the foregoing Grant Agreement and the epresentative, who has been duly authorized to
execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); Consolidated Appropriations Act, 2023 (Public Law 117- 328); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof.

I declare under penalty of perjury that the foregoing is true and correct.3 Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. 183
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Planning Assurances 5/2022 Page 1 of 7

ASSURANCES

PLANNING AGENCY SPONSORS
A. General.

1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors.

2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors.

3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this Grant Agreement.

B. Duration and Applicability.

The terms, conditions and assurances of this Grant Agreement shall remain in full force and effect during the life of the project.

C. Sponsor Certification.

The sponsor hereby assures and certifies, with respect to this grant that:

1. General Federal Requirements
It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following:

FEDERAL LEGISLATION
a. 49, U.S.C., subtitle VII, as amended.
b. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq. c. Hatch Act 5 U.S.C. § 1501, et seq.1 d. Rehabilitation Act of 1973 29 U.S.C. § 794 e. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). f. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability).
g. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq. h. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.1 i. Drug-Free Workplace Act of 1988 - 41 U.S.C. § 8101 through 8105. j. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109-282, as amended by section 6202 of Public Law 110-252).
k. Build America, Buy America Act, P.L. 117-58, Title IX. 184
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EXECUTIVE ORDERS
a. Executive Order 12372 - Intergovernmental Review of Federal Programs b. Executive Order 13166 Improving Access to Services for Persons with Limited English Proficiency
c. Executive Order 13985 Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
d. Executive Order 13988 Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
e. Executive Order 14005
Workers
f. Executive Order 14008 - Tackling the Climate Crisis at Home and Abroad

FEDERAL REGULATIONS
a. 2 CFR Part 180 OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement).
b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.3, 4
c. 2 CFR Part 1200 Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 Investigative and Enforcement Procedures. e. 14 CFR Part 16 Rules of Practice for Federally-Assisted Airport Enforcement Proceedings. f. 28 CFR Part 35 Nondiscrimination on the Basis of Disability in State and Local Government Services.
g. 28 CFR § 50.3 U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964.
h. 49 CFR Part 20 New Restrictions on Lobbying.
i. 49 CFR Part 21 Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964. j. 49 CFR Part 26 Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.
k. 49 CFR Part 28 Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. l. 49 CFR Part 30 Denial of Public Works Contracts to Suppliers of Goods and Services of Countries That Deny Procurement Market Access to U.S. Contractors. m. 49 CFR Part 32 Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) FOOTNOTES TO ASSURANCE C.1. 1
These laws do not apply to private sponsors.
2 2 CFR Part 200 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall 185
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apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code.
3 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 4 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits.

SPECIFIC ASSURANCES
Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this Grant Agreement.

2. Responsibility and Authority of the Sponsor.

It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the gs and
assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required.

3. Sponsor Fund Availability.

It has sufficient funds available for that portion of the project costs which are not to be paid by the United States.

4. Preserving Rights and Powers
It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in this Grant Agreement without the written approval of the Secretary

5. Consistency with Local Plans.

The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies in the planning area.

6. Accounting System, Audit, and Record Keeping Requirements a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this Grant, the total cost of the project in connection with which this Grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this Grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this Grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made.
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7. Planning Projects
In carrying out planning projects:
a. It will execute the project in accordance with the approved program narrative contained in the project application or with modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities.
c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f.
consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g.
or any part of the project.
h. It under
approval of any planning material developed as part of this grant does not mean constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant.

8. Reports and Inspections.

It will submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request.

9. Civil Rights.

It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4; creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this grant.
a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§

21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by or pursuant to these assurances.
b. Applicability
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1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) of the

2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith.

3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration.

The sponsor agrees that it is obligated to this assurance for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the assurance obligates the sponsor, or any transferee for the longer of the following periods:

1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or

2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language.

It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source:

City of Oroville), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an e. Required Contract Provisions.

1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally-assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations.

2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations.

3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 188
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4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties:
a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance.

10. Engineering and Design Services.

If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., it will award each contract, or sub-contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U S.C., or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport.

11. Foreign Market Restrictions.

It will not allow funds provided under this Grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction.

12. Policies, Standards, and Specifications.

It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary.

13. Disadvantaged Business Enterprises.

The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26. The recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT-assisted contra
Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. § 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. §§ 3801-3809, 3812). 189
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CITY OF OROVILLE

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

ADMINISTRATIVE SERVICES
RE: DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET
DATE: July 18, 2023

SUMMARY
The Council may receive the 2023-24 annual budget for the Downtown Oroville Business Improvement District (BID).

DISCUSSION
Pursuant to section 5.06.100 of Ordinance – No. 1839 the Council shall receive the annual budget for the Oroville Downtown Business Association for review and approval.

FISCAL IMPACT
None

RECOMMENDATION
Review and approve FY 2023/24 Business Improvement District budget.

ATTACHMENTS
BID annual budget for 2023/24
Ordinance No. 1839
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Oroville Downtown Business Association Annual Budget
ODBA Mission: Downtown Oroville works to promote the prosperity of downtown businesses through an ongoing program of promotional events, digital marketing efforts, and tourism marketing initiatives as a riverfront location, and improvements to the downtown environment.

Annual Budget for 2023/2024 (based on 2022/2023 actuals) $24,900 Total Membership Income
$14,940 Marketing (60% of Membership Income)
$9,960 Beautification (40% of Membership Income)
Additional Funds Needed:
$51,000 estimated (see below) minus $14,940 (from Marketing 60%) = $30,000 needed (raised through sustainable sponsorships, events, and grants)
Marketing Budget Annually
Marketing, Admin, Communications $24,000
Social Media $21,000
*Event Coordinator $3,500
*Event Coordinator/Booth $2,500
$51,000
*Event Coordinator and Events Administrative/Booth funded for 2023 through Oroville Tourism 2023 Marketing partnership EBC Sponsorship.

Marketing Efforts (Advertising, Promotion, Booth, and Events) 60%: $14,940 ● Website: Update member business web pages, events, management, and hosting. ● Social Media shared posts of all BID members, boost posts, and engagement. ● Downtown Oroville Welcome Booth: First Friday Events and Special Events. ● Print Collateral: Posters, Maps, Counter Card Flyers, Banners. ● Press: Press Release and phone interviews with Oroville MR. ● Email Blast: Monthly email with news, meeting info, and events. ● Event Coordinator
Beautification Efforts 40%: $9,960
This year we’re focusing on maintenance from previous Beautification projects: flags, banners, new strings and bulbs, light pole paint touch-up, etc.
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ORDINANCE NO. 1839

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE, ADDING CHAPTER 5.06 TO THE OROVILLE MUNICIPAL CODE ESTABLISHING THE DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT.

RECITALS
WHEREAS, on February 19, 2019, the City Council of OROVILLE, on behalf of the City of OROVILLE, (the "City"), adopted a Resolution of Intent (the “Resolution”), declaring its intention to establish a Parking and Business Improvement District (hereinafter referred to as the "District"), to levy a benefit assessment on all businesses, trades, professions, and vendors within said District, the proceeds of which shall be used for the public purposes herein described to benefit the businesses in the District, pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act"); and,
WHEREAS, pursuant to the Act and the Resolution, City conducted a public hearing, after having given due notice thereof as required by law, on March 19, 2019, at Council Chambers at City Hall, located at 1735 Montgomery Street, Oroville, CA 95965; and, WHEREAS, said public hearing has been held and the City Council has heard and considered all oral and written protests and other comments regarding such proposed actions; and, WHEREAS, protests in writing from businesses in the proposed District paying 50% or more of the proposed assessment have not been received by April 9, 2019; and, WHEREAS, this City Council has now determined to establish the proposed District as a Parking and Business Improvement Area, to provide for the imposition of a benefit assessment and to adopt an ordinance to such effect; and,
WHEREAS, in the opinion of this City Council, the businesses within the District will be benefited by the expenditure of the funds raised by the assessments levied hereby in the manner prescribed herein; and,
WHEREAS, this City Council may, for each of the purposes set forth in Section 36510 & 36513 of the Act, establish one or more separate benefit zones based upon the degree of benefit derived from the formation of the District, and may impose a tiered assessment or charge within each of the benefit zones; and,
WHEREAS, all provisions of the Act applicable to the establishment, modification, or disestablishment of a District shall apply to the establishment, modification, or disestablishment of benefit zones pursuant to the Act, and the establishment or the modification of any benefit zone shall follow the same procedure as provided for under the establishment of a Parking and 193
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Business Improvement District; and the disestablishment of a benefit zone shall follow the same procedure as provide for disestablishment of a District; and, WHEREAS, upon the request of the District Board of Directors, this City Council shall commence the proceedings required by law to amend the boundaries, assessments or charges established pursuant to this Ordinance subject to approval of the Board of Directors of the District as expressly provided for herein; said modifications being made pursuant to the procedural requirements of the Act, but no assessment or charge shall be modified which would impair the ability of the District to meet the obligations of a contract to construct or operate physical improvements or to market or conduct events in the District; and, WHEREAS, adjustments may be made in the assessments or charges to businesses in the District, or in the uses to which the revenue shall be put, as specified in this Ordinance and subject to Board approval, provided such changes are approved by the District Board of Directors and are made by a supplemental Ordinance adopted after a hearing before the City Council; and,
WHEREAS, for purposes of the assessments or charges to be imposed pursuant to this Ordinance, this City Council may make a reasonable classification of businesses, giving consideration to various factors, including general benefit to businesses and the degree of benefit received from District programs; and,
WHEREAS, the assessments or charges levied on businesses pursuant to this Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OROVILLE DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 5.06 is hereby added to the OROVILLE Municipal Code to read as follows:

CHAPTER 5.06 – DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT.

Sections:

5.06.010 Definitions

5.06.020 Establishment of Boundaries

5.06.030 Establishment of District Board of Directors

5.06.040 Establishment of Benefit Assessment

5.06.050 Purpose and Use of Benefit Assessments

5.06.060 Exclusions From Benefit Assessment

5.06.070 New Business Assessment Waiver

5.06.080 Collection of Benefit Assessment

5.06.090 Voluntary Contributions To District

5.06.100 Annual Budget Process

5.06.110 Decisions Regarding Expenditure of Funds
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5.06.120 District Proceeds Do Not Offset City Services

5.06.130 Disestablishment of the District

5.06.010 Definitions. To distinguish between District businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply:
(a) Retail Businesses: "Retail Businesses" include all businesses not covered by other definitions set out in this section, at least fifty percent (50%) of whose gross income is derived from "retail sales" as that term is defined under the California Sales and Use Tax Law. The fact that a substantial part of its business consists of sales other than retail sales does not exclude said business from this classification so long as such other business component does not account for more than fifty percent (50%) of said business' gross income;
(b) Restaurants: "Restaurant" businesses include cafes, eating establishments, sandwich shops, dinner houses, restaurants and fast food services and other similar businesses;
(c) Sales and Service: "Sales and Service" businesses include businesses that combine retail and product services. Examples are appliance stores, most automotiveoriented businesses, repair shops, repairing and servicing businesses and service stations.

Other businesses of a general service-type nature such as personal care salons, lodging, general office, news and advertising media, printers, renting and leasing businesses, utilities, vending machine businesses, household finance companies, entertainment businesses and other similar businesses not otherwise included in categories a, b, d, or e are included in this section;
(d) Professional: "Professional" includes attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical / health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists, photographers and designers.
(e) Financial: Banks, savings & loans, credit unions, etc. (f) Fiscal Year: "Fiscal Year" means July 1st to and including June 30th of the following calendar year.
(g) Billing Period: "Billing Period" shall refer to the fiscal year, commencing July 1 of the initial year and each and every year thereafter unless disestablished per Section 1 paragraph 14.0 of this Ordinance.

5.06.020 Establishment of Boundaries. A Parking and Business Improvement District is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the District and the benefit zones within the District shall be as set forth on Exhibit "A", attached hereto and incorporated herein by reference. This District shall be known as the "Downtown Oroville Business Improvement District," (the "District"). 195
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5.06.030 Establishment of District Board of Directors. There shall be a Board of Directors ("Board") of the District to administer the affairs of the District. Said Board shall be constituted of businesses within the District. Within the Board there shall be a President, Vice-President, Secretary and Treasurer elected by the membership, and such other officers as deemed necessary by the Board. Such other officers shall be appointed by the Board of Directors at their discretion. All voting within the District regarding election of Board Members and any actions regarding the normal and routine conducting of District Business shall be based on one (1) vote per assessed dollar, and said business must be current in payment of their District assessment(s) to participate in such votes.

5.06.040 Establishment of Benefit Assessment. All businesses, trades, and professionals located within the District shall, commencing July 1, 2019, pay a annual benefit assessment to the District in the following amounts:

Zones of Benefit: Zone A Zone B
Retailers and restaurants (Small) $250 $150
(Large) $350 $150
______________________________________________
Service $200 $100
Businesses
______________________________________________
Professional $200 $100
Businesses
Financial $500 $500
A) The average benefit assessment is $196.37 per year
B) Zones of benefit are determined by the Map in Exhibit A of the Resolution of Intent.

C) Size category is determined by number of full-time employees as follows:
• Small is 1-3 full-time employees including Owner
• Large is 4 or more full-time employees including Owner.

D) Business type definitions are as follows:
• Retail and Restaurant: Businesses that buy and resell goods, examples are clothing stores, shoe stores, office supplies as well as businesses that sell prepared foods. • Service Businesses: Businesses that sell services. Examples are beauty and barber shops, repair shops, most automotive-oriented businesses, lodging businesses, entertainment businesses such as theaters, etc.
• Professional Businesses: Includes Architects, Engineers, Attorneys, Dentists, 196
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Doctors, Accountants, Optometrists, Realtors, Insurance Offices, Mortgage Brokers and most other businesses that require advanced and/or specialized licenses and/or advanced academic degrees.
• Financial Institutions: Includes banking and savings and loan institutions as well as credit unions, etc.

5.06.050 Purpose and Use of Benefit Assessments. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District are to be determined by the Board of Directors of the ODBA, but initially 40% to Civic Beautification and Signage Programs and 60% to Commercial Marketing and Special Events, generally as follows:
a. The acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following improvements:
(1) Benches;
(2) Trash receptacles;
(3) Decorations;
(4) Facade improvements;
(5) Permanent landscaping
b. Activities including but not limited to the following:
(1) promotion of public events which benefit businesses in the area and which take place on or in public places within the area; (2) Furnishing of music in any public place in the area; (3) Any other activities which benefit businesses located and operating in the area, including but not limited to downtown markets, commercial marketing, advertising and promotional programs.

5.06.060 Exclusions From Benefit Assessment. No person or business within the District shall be required to pay an assessment based on: (a) a residential use of the property within the District, or (b) a non-profit organization as defined by Section 501 (C) (3) or (C) (6) of the Internal Revenue Service Code.

5.06.070 New Business Assessment Waiver. Any new business established within the District shall not be required to pay an assessment for the Billing Period during which said business is initiated. The business will have been considered initiated on the date of issuance of the business license. This waiver shall not apply to an existing business that has changed ownership or location within the District. City agrees to supply the District with timely information regarding new businesses initiated within the District.

5.06.080 Collection of Benefit Assessment. The benefit assessment authorized by Section 5.06.040 for Oroville businesses shall be billed each calendar year on January 1, and collected on July 1. The City will bill and collect the assessments, at no charge to the District and forward all funds collected to the District within 30 days of collection. 197
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5.06.090 Voluntary Contributions To District. Contributions to the District shall be permitted on a voluntary basis. The boundary of the District shall not be modified as a result of the contribution. Said contributing business may be considered a member of the District for voting or other purposes upon approval by the board of directors. However, said business making a voluntary contribution may be entitled to participate in the programs of the District upon a finding by the Board of Directors that the District derives a benefit from said business' participation in the program.

5.06.100 Annual Budget Process. Pursuant to the Act, it shall be necessary for the District Board of Directors to present an annual budget for City Council review and approval prior to the beginning of each Fiscal Year. The purpose of this process is to comply with the Act provisions regarding public notice and hearing prior to establishing the benefit assessments for the following Fiscal Year. City shall not adopt, modify or otherwise amend any Fiscal Year budget of the District that is inconsistent in any way with said Fiscal Year's budget as agreed to and presented by the District Board of Directors except in the case of a written majority protest (regarding elimination or modification of any specific budget item) from business owners which will pay 50% or more of the assessments proposed to be levied as to any specific budget item pursuant to GC Section 36525 (b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the District's proposed budget pursuant to the written protest.

5.06.110 Decisions Regarding Expenditure of Funds. As provided for within the guidelines of Streets and Highways Code Section 36500 et seq. (SB 1424 - Parking & Business Improvement Law of 1989, Chapter 2), decisions of the District Board of Directors regarding expenditure of all funds generated under this program shall be final.

5.06.120 District Proceeds Do Not Offset City Services. City specifically finds and declares that the funds derived from the District shall not be used to offset or diminish current maintenance, capital improvement programs, including but not limited to, public property and sidewalk cleaning, street cleaning and maintenance, tree maintenance, restroom cleaning and maintenance. The City declares its intent to provide at least the same level and standard of maintenance and repair of public property within the District providing City funds are available from year to year.

5.06.130 Disestablishment of the District. Proceeding to disestablish the District shall be initiated by the City Council following the presentation of a petition to the City Council signed by business owners paying 50% or more of the assessments levied in the District. Proceedings to disestablish the District shall follow the procedures set forth in GC Section 36550. The City Council shall disestablish the District if, following the public hearing prescribed in Section 36550 (b), written protests are not withdrawn as to reduce the protests below the 50% level. In the event of disestablishment of the District, remaining revenues of the District shall be refunded to paying business owners in a prorata manner calculated in the same manner as was used to establish the most recent assessments applied in the District.
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SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 3. The City Clerk shall attest to the adoption of this Ordinance and cause same to be published in the manner required by the City Charter.

This Ordinance shall take effect on the 30th day after its adoption.

PASSED AND ADOPTED by the Oroville City Council at an regular meeting held on this 7th day of May, 2019, by the following vote:

YES:

NOES:

ABSTAIN:

ABSENT:
________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ____________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 199
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Oroville City CouncilJuly 18, 2023

Oroville City Council
July 18, 2023