Agenda packet — Oroville City Council, October 17, 2023

October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
October 17, 2023

REGULAR MEETING
CLOSED SESSION 3:30 PM
OPEN SESSION 4:30 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
1 October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 2 of 5

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

1. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: James v. City of Oroville, et al., United States District Court, Eastern District of California, Case No. 2:23-CV-00215.

2. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: City of Oroville v. Design Build, Inc., et al., Butte County Superior Court, Case No. 21CV03051.

3. Pursuant to Government Code Section 54957.6, the Council will meet with the Personnel Officer and City Attorney to discuss labor negotiations related to the following bargaining units:

OCEA, OPA Sworn, OPA Non-Sworn, and OMCA.

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS
None this meeting.

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

CONSENT CALENDAR
Consent calendar items 1 - 11 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 October 3, 2023 Oroville City Council Meeting Minutes The Council may approve the Minutes of October 3, 2023.

ACTION REQUESTED -
APPROVE THE MINUTES OF OCTOBER 3, 2023.
2 October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 3 of 5

2. Ladder Truck Repair Work Budget Adjustment
The Council will review and consider approving a supplemental budget adjustment in the amount of $35,735.49 for necessary work performed on the City’s Ladder Truck.

ACTION REQUESTED -
APPROVE SUPPLEMENTAL BUDGET ADJUSTMENT OF $35,735.49 AND AUTHORIZE PAYMENT OF INVOICE TO HI-TECH EVS, INC FOR LADDER TRUCK REPAIRS.

3. State Route 70 Clean California – Caltrans Cooperative Agreement and Art Maintenance Agreement
The Council may consider approving a Cooperative Transportation Art Agreement with Caltrans for acceptance and funding of construction of the Butte County State Route 70 Oroville Safety and Beautification Project. Additionally, the Council will consider approval of a Transportation Art Maintenance Agreement with Caltrans.

ACTION REQUESTED -

APPROVE AND SIGN THE TRANSPORTATION ART COOPERATIVE AGREEMENT

AND THE TRANSPORTATION ART MAINTENANCE AGREEMENT FOR CALTRANS REVIEW AND APPROVAL.

4. Donation to the Lott Home
The City Council may consider acknowledging the receipt of a donation of a historic wooden wall hung reloading cabinet to the Lott Home.

ACTION REQUESTED -

ACKNOWLEDGE RECEIPT OF THE DONATIONS FOR THE LOTT HOME AND RECOMMEND THAT THE CITY COUNCIL ACCEPT THE DONATIONS.

5. Donations to the Chinese Temple (1/2)
The City Council may consider acknowledging the receipt of a collection of various items to the Chinese Temple.

ACTION REQUESTED -

ACKNOWLEDGE RECEIPT OF THE DONATIONS FOR THE CHINESE TEMPLE AND RECOMMEND THAT THE CITY COUNCIL ACCEPT THE DONATIONS.

6. Museum Donation to the Chinese Temple (2/2)
The City Council may consider acknowledging the receipt of a collection of various items to the Chinese Temple.

ACTION REQUESTED -

ACKNOWLEDGE RECEIPT OF THE DONATIONS FOR THE CHINESE TEMPLE AND RECOMMEND THAT THE CITY COUNCIL ACCEPT THE DONATIONS.
3 October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 4 of 5

7. Museum Donation to Bolt's Antique Museum
The City Council may consider acknowledging the receipt of a collection of various items to the Bolt’s Antique Tool Museum.

ACTION REQUESTED -
ACKNOWLEDGE RECEIPT OF THE DONATIONS FOR THE BOLT’S ANTIQUE TOOL MUSEUM AND RECOMMEND THAT THE CITY COUNCIL ACCEPT THE DONATIONS.

8. Approval Of the CalRecycle HD39:2022-2023 Household Hazardous Waste Education Grant 2022-2023 Through Fiscal Year 2024-2025
The Council will consider ratifying the submission of the three-year HD:39 CalRecycle Household Hazardous Waste Education Grant for Fiscal Years 2022/2023 through 2024/2025 in the amount of $50,000.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9187 – APPROVAL OF THE CALRECYCLE HD39:2022-2023 HOUSEHOLD HAZARDOUS WASTE EDUCATION GRANT 2022-2023 THROUGH FISCAL YEAR 2024-2025.

9. Approval of the CalRecycle Fiscal Year 2022-2023 Through Fiscal Year 2025-2025 CalRecycle OWR4: 2022-23SB 1383 Support Grant
The Council will consider ratifying the submission of the 4-year OWR4: 2022-2023 SB 1383 Support Grant for Fiscal Years 2022/2023 through 2025/2026 in the amount of $75,000.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9188 – APPROVAL OF THE CALRECYCLE FISCAL YEAR 2022- 2023 THROUGH FISCAL YEAR 2025-20256 CALRECYCLE OWR4: 2022-23SB 1383

SUPPORT GRANT

10. Approval of the CalRecycle 2023 Tire Amnesty Grant Fiscal Years 2023/2024, 2024/2025 and 2025/2026
The Council will consider ratifying the submission of the three-year CalRecycle Tire Amnesty Grant for Fiscal Years 2023/2024 through 2025/2026 in the amount of $40,000.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9190 – APPROVAL OF THE CALRECYCLE 2023 TIRE AMNESTY GRANT FISCAL YEAR 2023/2024, 2024/2025, and 2025/2026.

11. Approval of the RBC34: 2022-2023 CalRecycle Beverage Container Grant The Council will consider ratifying the submission of the RBC34: 2022-2023 CalRecycle Beverage Container Grant Fiscal Year 2022/2023 through 2024/2025.

ACTION REQUESTED
ADOPT RESOLUTION NO. 9189 – APPROVAL OF THE RBC34: 2022-2023 CALRECYCLE BEVERAGE CONTAINER GRANT.
4 October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 5 of 5

REGULAR BUSINESS
None this meeting.

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]
No Public Hearing this meeting.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. - 3rd Quarter newsletter pamphlet received
ii. - Correspondence Received from Secretary of the Senate

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on November 7, 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. 5 October 03, 2023~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
October 03, 2023

REGULAR MEETING
CLOSED SESSION 3:30 PM
OPEN SESSION 4:30 PM
AGENDA

CALL TO ORDER / ROLL CALL
PRESENT: Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman STAFF: City Administrator, Brian Ring; Assistant City Administrator, Ruth Duncan; Karolyn Fairbanks, City Treasurer, Assistant City Clerk, Kayla Reaster; Business Assistance and Housing Director, Amy Bergstrand; Community Development Director, Pat Piatt; Public Works Director, Fred Mayo; Code Enforcement Director, Ron Belser; City Attorney, Scott Huber; Chief of Police, Bill LaGrone

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

1. Pursuant to Government Code Section 54957(b), the Council will meet with the Personnel Officer and City Attorney to consider the annual evaluation of performance related to the following positions: All Department Head Positions.

2. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: Sears v. City of Oroville, et al., United States District Court, Eastern District of California, Case No. 2:22-cv-01624.

3. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: James v. City of Oroville, et al., United States District Court, Eastern District of California, Case No. 2:23-CV-00215.

4. Pursuant to Government Code Section 54957(b), the Council will meet with the Personnel Officer and City Attorney to consider the employment related to the following position: Assistant Police Chief.

OPEN SESSION

1. Announcement from Closed Session – Mayor Pittman announced that information was received, and direction was given. There were no other announcements out of Closed Session.

2. Pledge of Allegiance – Led by Benjamin Glover and Zoey Kelley, students at Ophir Elementary School.
6 Item 1.

October 03, 2023~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

3. Adoption of Agenda – Motioned by Council Member Goodson, Seconded by Mayor Pittman.

Motion passed unanimously.

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

PRESENTATIONS AND PROCLAMATIONS

1. The City Council was provided a Pension Update via Presentation from NHA Advisors regarding Fiscal Year 2022/23 CalPERS Investment Returns Summary and Impacts on City’s Unfunded Liability.

The following member of the public submitted public comment on this item: Brian Wong PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted public comment on this item:
- Bill Speer
- Steve Christensen
- Allan Dikes

REPORTS / DISCUSSIONS

1. Council Announcements and Reports:

Council Member Riggs – Spoke on the upcoming Farm to Table dinner event, invited everyone to the event and spoke on the fundraiser monies going to be used to support First Fridays, Annual Tree Lighting, etc.

Council Member Goodson – Spoke on the iron fence by school and requested a revisit of school speed limits. Council Member Riggs seconded this request.

Vice Mayor Smith – Thanked those individuals and groups involved in the Salmon Festival.

Council Member Johnstone – Spoke on the tour of Pacific Coast Producers. She stated it was an excellent tour and referred any members of the public who are seeking employment to Pacific Coast Producers.

Council Member Webber – Spoke on the tour of Pacific Coast Producers. He stated it was a great tour. Thanked and recognized Vice Mayor Smith’s dedication to putting the Salmon Festival together. Spoke on himself, Council Member Goodson, and Kevin Thompson attending the community awareness re: Fentanyl awareness. Reported on the 3rd phase of awareness event.

Mayor Pittman – Spoke on William Brown, the Superintendent of Oroville Union High School District and the dinner held with High School parents.
7 Item 1.

October 03, 2023~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

2. Administration Reports:

Brian Ring, City Administrator – Provided the City Council with an update on the Wellness Program.

Ron Belser, Code Enforcement Manager – Provided an update to the City Council in regard to the statistics for the Department for the month of September 2023. He spoke on sweeps being conducted by personnel with Butte County on the “pop up” food trucks in the area. Discouraged the public from eating from these food trucks, as they are not permitted and thus, the food cannot be ruled as safe to eat.

Bill LaGrone, Chief of Police – Spoke on the “Coffee with a Cop” event put on at Mugshots.

Stated it was a nice event put together by staff.

CONSENT CALENDAR
Consent calendar items 1 - 3 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 September 19, 2023 Oroville City Council Meeting Minutes The Council approved the Minutes of September 19, 2023 by the following 6-0-1 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Smith, Mayor Pittman NOES: None
ABSTAIN: Webber
ABSENT: None

2. Accept Grant Funding and Establish Budget for Encampment Resolution Funding Grant Number 23-ERF-3-L-00009
The City Council accepted the 2023 Encampment Resolution Funding Grant Award, Agreement No. 23-ERF-3-l-00009, in the amount of $1,730,450: and approved the budget adjustment as indicated in the fiscal impact of the staff report, dated October 3, 2023 by the following 6-0-1 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Smith, Mayor Pittman NOES: None
ABSTAIN: Webber
ABSENT: None
8 Item 1.

October 03, 2023~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

3. Amendment to Professional Services Agreement Number 3439 with Susanne Kochems DBA SiLK Consulting Group for Administrative Services Related to the Encampment Resolution Funding Grants
The City Council adopted Resolution No. 9186 – a resolution of the Oroville City Council authorizing and directing the Mayor to execute an amended Professional Services Agreement with Suzanne Kochems d/b/a Silk Consulting Group to increase the amount by $50,000.00 and to extend the agreement to April 30, 2027, to provide administration services in relation to the encampment resolution funding by the following 6-0-1 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Smith, Mayor Pittman NOES: None
ABSTAIN: Webber
ABSENT: None

REGULAR BUSINESS

4. Contract with NextRequest
The City Council approved the contract with NextRequest and Authorized the Mayor to sign by the following unanimous vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

5. Task Order #1 with Sutter Butte Flood Control Agency (SBFCA) for Preliminary Work Associated with Feather River Levee Certification
The City Council approved Task Order #1 with SBFCA by the following 5-2 vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Mayor Pittman NOES: Webber, Smith
ABSTAIN: None
ABSENT: None

PUBLIC HEARINGS
There were no public hearings this meeting.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items – None discussed

2. Correspondence
i. - Letter from First Responder

ADJOURN THE MEETING
The meeting adjourned at 6:30PM.
9 Item 1.

October 03, 2023~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5 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 www.cityoforoville.org and YouTube. 10 Item 1.

FIRE Page 1 08.2.23

OROVILLE CITY COUNCIL

AGENDA STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: CHRIS TENNS, CALFIRE ASSISTANT CHIEF - OROVILLE CITY

DIVISION
RE: LADDER TRUCK REPAIRS – BUDGET ADJUSTMENT
DATE: OCTOBER 17, 2023

SUMMARY
The Council will review and consider approving a supplemental budget adjustment in the amount of $35,735.49 for necessary work performed on the City’s Ladder Truck.

DISCUSSION
The Oroville Fire Department Ladder Truck receives inspections on a regular basis, including a load test (performed annually) and a nondestructive test (performed every five years). Both inspections are required to ensure the safety of the apparatus and the personnel working on it. During the annual ladder load test inspection performed in September of 2022, several safety concerns were identified that needed immediate attention. At that time, the Ladder Truck was put out of service and sent to the City mechanic shop for repairs. The repairs that were needed were specialized and exceeded the City shop ability, resulting in the Ladder Truck to be sent to Hi-Tech Emergency Vehicle Service in Oakdale, California for repairs. Most of the repairs required mechanics with expertise in aerial ladder repairs. As work progressed, additional repairs were identified and also completed.

The Ladder Truck is critical to serving Oroville as there are many multi story structures occupied, and a number of other structures (Oroville Hospital for example) currently under constructions. The Ladder Truck also carries specialized rescue equipment which is needed for more complex incidents.

The number of large repairs escalated as did the cost associated with them. In the future, these updates will be brought before the Council in a more timely manner to ensure the Council is up to date on the anticipated costs of such major repairs.

FISCAL IMPACT
Reduction in General Fund balance of $35,735.49.

RECOMMENDATION
11 Item 2.

FIRE Page 2 08.2.23
Approve supplemental budget adjustment of $35,735.49 and authorize payment of invoice to Hi-Tech EVS, Inc for Ladder Truck repairs.

ATTACHMENTS
Invoice and completed work spreadsheet from the city shop. 12 Item 2.
13 Item 2.
14 Item 2.
15 Item 2.
16 Item 2.
[Type here]
REPAIR DONE TO T91 AT HI-TECH EVS
Invoice #176858

1. Ladder service and maintenance.

2. Ladder testing and certification.

Invoice #176859

1. Remove lower PTO & Hydraulic pump to repair hydraulic leaks.

2. Check water tower mode &rescue mode, no problem found at this time.

3. Repaired wiring on monitor tip, wiring pulled out of connector.

4. Replaced weather cracked hydraulic hoses at top of turntable for the extension & retraction cylinder.

5. Cleaned extension & retraction ram, very oily, cleaned, not leaking at time of testing.

6. Rotation drive unit oil and dirty, cleaned, checked for leaks, no leaks during testing.

7. Turntable center cover lose and missing bolts, replaced missing bolts and tighten lose bolts.

8. The upper PTO leaks, removed, cleaned sealed and reinstalled.

9. Foam Pro not working, found motor drive box not working, replaced foam pump and speed sensor.

10. Replaced damaged section of Igus chain wiring protector.

11. Top off hydraulic oil.

12. Repair electrical plug.at tip of the ladder.

13. Air conditioning sump pump not working, blew out lines, found suction and check valves plugged, cleaned and then found discharge line pinched, replaced line.

14. Replaced rear door window switch.

15. Replaced front window circuit breakers and replaced one window switch.

16. PTO generator not working, shaft between PTO and pump striped, replaced PTO with a hot shift unit and rebuilt hydraulic pump.

17. Right rear outrigger leaking, removed, rebuilt, and reinstalled. 17 Item 2.
[Type here]
REPAIR DONE TO T91 AT HI-TECH EVS

18. 19. Right rear outrigger leaking, removed, rebuilt and reinstalled.

20. 18
Item 2.
[Type here]
REPAIR DONE TO T91 AT HI-TECH EVS
19 Item 2.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: STATE ROUTE 70 CLEAN CALIFORNIA – CALTRANS

COOPERATIVE AGREEMENT AND ART MAINTENANCE

AGREEMENT
DATE: OCTOBER 17, 2023

SUMMARY
The Council may consider approving a Cooperative Transportation Art Agreement with Caltrans for acceptance and funding of construction of the Butte County State Route 70 Oroville Safety and Beautification Project. Additionally, the Council will consider approval of a Transportation Art Maintenance Agreement with Caltrans.

DISCUSSION
Caltrans intends to provide funding to the City through a cooperative Transportation Art Agreement, and the City agrees to procure artist(s), administer artist contracts, provide and install the Transportation Art (silhouette sculptures of animals), in the North Bound/South Bound on/offramp areas of the interchange for State Route (SR) 70 and SR 162 and SR 70 and Montgomery St as shown in the State’s project plans for project 03-2J790 provided to the City, hereinafter referred to as Project.

Under a separate Transportation Art Maintenance Agreement (TAMA), City shall have the obligation to maintain the artwork in accordance with this agreement so long as the artwork exists in any form and in any condition.

The obligation to maintain the artwork shall include routine inspections of the artwork and the maintenance, repair, and cleaning of the artwork, as well as the restoration of damaged artwork, graffiti removal (in accordance with the terms of this agreement), and the removal of dirt, debris, vegetation growth, and weeds surrounding or obscuring the artwork.

This project has been completed and the project cooperative agreement and local agreement is attached for review and approval.
20 Item 3.

Page 2 ends

FISCAL IMPACT
Funding will be received to compensate artists for work performed.

RECOMMENDATION
Approve and sign the Transportation Art Cooperative Agreement and the Transportation Art Maintenance Agreement for Caltrans review and approval.

ATTACHMENTS

1. Transportation Art Agreement

2. Transportation Art Maintenance Agreement

3. Images of Installed Art
21 Item 3.
03-BUT-70 PM 13.5/14.8
EA: 2J790
Project ID: 0322000100
Agreement No. 03-0813

Page 1 of 7 ends

TRANSPORTATION ART AGREEMENT
Clean California Beautification Fund Contribution
This AGREEMENT, effective on __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:

City of Oroville, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.

RECITALS

1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System per the California Streets and Highways Code, Section 114.

2. CALTRANS is authorized per the California Streets and Highways Code, Section 91.42 to expend Clean California State Beautification Program of 2021 funds (FUNDS) towards beautifying and cleaning up state highways and eligible projects towards that goal.

3. Transportation Art includes graphic or sculptural artwork, either freestanding or placed upon a required engineered transportation feature located on CALTRANS’ right-of-way (such as a noise barrier, retaining wall, bridge, bridge abutment, bridge rail, or slope paving) that expresses unique attributes of a community’s history, resources, or character.

4. CALTRANS intends to provide funding to CITY, and CITY agrees to procure artist(s), administer artist contracts, provide and install the Transportation Art (silhouette sculptures of animals), in the NB/SB on/offramp areas of the interchange for SR 70 and SR 162 and SR 70 and Montgomery St as shown in the State’s project plans for project 03-2J790 provided to the City, hereinafter referred to as PROJECT.

5. The term AGREEMENT, as used herein, includes any attachments, exhibits, and amendments.

6. CITY shall obtain an encroachment permit from CALTRANS prior to the commencement of any PROJECT work within CALTRANS’ right-of-way.

7. CITY will follow the CALTRANS encroachment permit requirements for any and all PROJECT work within CALTRANS’ right-of-way, including by not limited to, installation of artwork.

8. CALTRANS will pay CITY an amount not to exceed $450,000 from FUNDS required for PROJECT.
22 Item 3.

Agreement No. 03-0813

Page 2 of 7 ends

9. CALTRANS and CITY hereby set forth the terms, covenants, and conditions for CALTRANS’ contribution toward PROJECT.

SCOPE

10. CITY is responsible for completing all work for PROJECT.

11. CITY shall adhere to the CALTRANS’ Transportation Art requirements as set forth in CALTRANS’ Project Development Procedures Manual (PDPM), Chapter 29, Section 9, Transportation Art and CALTRANS’ Transportation Art website at https://dot.ca.gov/programs/design/lap-landscape-architecture-and-communitylivability/lap-liv-j-transportation-art. This includes, but is not limited to, submittal of a Transportation Art Proposal (TAP) to CALTRANS, execution of an Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork Agreement (Caltrans Copyright Assignment, CCA), and Project Specific Maintenance Agreement (PSMA).

12. CITY agrees that before commencing any PROJECT work on CALTRANS right-of-way, CITY and CALTRANS will enter into a PSMA for maintenance of the PROJECT.

PARTIES agree that no encroachment permit(s) will be issued by CALTRANS for PROJECT until the PSMA is fully executed.

INVOICE & PAYMENT

13. CITY will invoice, no more frequently than monthly, and CALTRANS will reimburse for actual costs incurred and paid towards PROJECT.

14. CALTRANS will pay CITY within 45 (forty-five) calendar days of receipt of invoices.

15. CALTRANS and CITY agree that the total amount of FUNDS paid out to CITY will not exceed $450,000.

FUNDING TABLE
Fund
Source
Fund
Type
PS&E Construction
Support Support Capital Amount
STATE Clean California $15,000* $15,000** $420,000 $450,000 *CITY’s total cost to procure and administer artist(s) agreements entered into as a result of the terms of this AGREEMENT.
**CITY’s total cost to administer the installation of Transportation Art.

16. After CALTRANS and CITY agree that all work for PROJECT is complete, CITY will submit a final accounting for all costs. Based on the final accounting, CITY will refund or invoice as necessary in order to satisfy the financial commitment of AGREEMENT. 23 Item 3.

Agreement No. 03-0813

Page 3 of 7 ends

GENERAL CONDITIONS

17. All portions of this AGREEMENT, including the Recitals section, are enforceable.

18. All obligations of CALTRANS under the terms of AGREEMENT are subject to the appropriation of resources by the Legislature and the State Budget Act authority.

19. If CITY fails to complete the PROJECT for any reason, CITY shall, at CITY’s expense, return CALTRANS right-of-way to its original condition or to a safe and operable condition acceptable to CALTRANS. If CITY fails to do so, CALTRANS reserves the right to finish the work or place the PROJECT in a safe and operable condition.

CALTRANS will bill CITY for all expenses incurred and CITY agrees to pay said bill within forty-five (45) days of receipt.

20. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.

HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.

The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.

21. If HM-1 or HM-2 is found during PROJECT work, CITY will immediately notify CALTRANS.

22. CALTRANS, independent of PROJECT, is responsible for any HM-1 found within the existing CALTRANS right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to PROJECT schedule.

CALTRANS, independent of PROJECT will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing CALTRANS right-of-way.

23. CITY, independent of PROJECT, is responsible for any HM-1 found within PROJECT limits and outside the existing CALTRANS right-of-way. CITY will undertake or cause to be undertaken HM-1 MANAGEMENT with minimum impact to PROJECT schedule.

CITY, independent of the PROJECT, will pay, or cause to be paid, the cost for HM-1 MANAGEMENT for HM-1 found within PROJECT limits and outside of the existing CALTRANS right-of-way.

24. CITY is responsible for HM-2 MANAGEMENT within the PROJECT limits.

25. HM-2 MANAGEMENT costs are PROJECT costs.
24 Item 3.

Agreement No. 03-0813

Page 4 of 7 ends

26. CALTRANS and CITY will enter into a PSMA before PROJECT work is performed within CALTRANS right-of-way. CITY understands and acknowledges the terms of the PSMA will include, but are not limited to, CITY shall be responsible for all regular and emergency maintenance, repair, and replacement of the PROJECT at the CITY’s expense for as long as the artwork remains in place. A sample template PSMA is attached as EXHIBIT A.

27. The PSMA will include indemnification provisions for anything done or omitted to be done by CITY under or in connection with PROJECT.

28. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless CITY and all of its officers and employees from all claims, suits, or actions, including reasonable attorneys’ fees, of every name, kind, and description, brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under AGREEMENT.

29. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CITY under AGREEMENT. It is understood and agreed that CITY, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions, including reasonable attorneys’ fees, of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, claims based on (1) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (2) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (3) 17 U.S.C. § 113, (4) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (5) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, subcontractors, and/or its agents under AGREEMENT. 25 Item 3.

Agreement No. 03-0813

Page 5 of 7 ends

30. If the work performed on PROJECT is done under contract and falls within the Labor Code section 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771 CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.

CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by AGREEMENT when the work to be performed by the subcontractor is "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY contracts.

31. AGREEMENT is intended to be CALTRANS’ and CITY’s final expression and supersedes all prior oral understandings pertaining to PROJECT, with the exception of the required agreements to complete CALTRANS’ Transportation Art process as discussed herein. The required agreements include, but are not limited to, the TAP, CCA, and PSMA.

32. AGREEMENT will terminate upon CALTRANS’ acceptance of PROJECT. However, all indemnification and maintenance articles of AGREEMENT will remain in effect until terminated or modified in writing by mutual agreement.
26 Item 3.

Agreement No. 03-0813

Page 6 of 7 ends

CONTACT INFORMATION
CALTRANS and CITY will notify each other in writing of any personnel or location changes.

Contact information changes do not require an amendment to AGREEMENT.

CALTRANS
Cameron Knudson, Project Manager
703 B Street
Marysville, CA 95901
Mobile Phone: (530) 218-1820
Email: [email protected]

CITY OF OROVILLE
Patrick Piatt, Community Development Director
1735 Montgomery Street
Oroville, CA 95965
Office Phone: (530) 538-2402
Email: [email protected]
27 Item 3.

Agreement No. 03-0813

Page 7 of 7 ends

SIGNATURES
CALTRANS and CITY are empowered by the law to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT.

CALTRANS and CITY acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Greg Wong
Deputy District Director
D3 Program, Project and Asset Management
Verification of funds and authority:

District Project Control Officer
Approved as to form and procedure:

Deputy Attorney
Certified as to financial terms and policies:

Nadine Karavan
HQ Accounting Supervisor

CITY OF OROVILLE
David Pittman
Mayor
Brian Ring
City Administrator
Patrick Piatt
Community Development Director
28 Item 3.
1 This Transportation Art Maintenance Agreement (“AGREEMENT”) executed on and effective from _______________________________, is made by and between the State of California, acting by and through the California Department of Transportation (“STATE”), and the CITY of Oroville (“LOCAL AGENCY”); each may be referred to individually as a “PARTY,” and jointly as “PARTIES.”

RECITALS

1. The PARTIES desire to work together to allocate their respective obligations to the Transportation Art Project “Eight free standing steel and mosaic sculptures,” installed or painted within STATE Right of Way by STATE Department of Transportation construction contract # EA 03-2J7904.

2. This AGREEMENT will set forth the LOCAL AGENCY’s maintenance responsibilities for the Transportation Art Project (“ARTWORK”) that is installed or painted within the STATE Right of Way, as shown in Exhibit A, attached hereto.

3. Prior to execution of this AGREEMENT, the authors of ARTWORK executed a written agreement conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes. This written agreement between STATE and the author(s) of ARTWORK was executed on _________________[DATE].

TERMS

1. Definitions.

A. “AGREEMENT” means this AGREEMENT between STATE and LOCAL AGENCY along with exhibits and attachments attached during the execution of this AGREEMENT or in the future by mutual consent of the PARTIES.

B. “ARTWORK” means the entire Transportation Art Project installed or painted within the STATE Right of Way depicted or described in Exhibit A attached to this AGREEMENT.”

2. Agreements with Creators of ARTWORK. LOCAL AGENCY agrees, represents, and warrants that the author or authors of ARTWORK executed a written Rev 03/2023
TAMA - District-3 and City of Oroville - 9/1/2023
PM Butte 70 PM 13.6/14.8

TRANSPORTATION ART MAINTENANCE AGREEMENT
WITH

CITY OF OROVILLE
Agreement No. 3478
29 Item 3.

Rev 03/2023
TAMA - District-3 and City of Oroville - 9/1/2023
PM Butte 70 PM 13.6/14.8
2 agreement, in a form approved by STATE, conveying to STATE a) a waiver of any and all rights in the ARTWORK under 17 U.S.C. section 106A and related laws, b) physical ownership of and right to possess the ARTWORK, and c) a nonexclusive license to reproduce and use the ARTWORK for non-commercial purposes.

LOCAL AGENCY shall be solely responsible for any damages (including exemplary and punitive damages) arising from its breach of and/or failure to fully comply with this provision of the AGREEMENT.

3. Maintenance Obligation and Standards. LOCAL AGENCY shall have the obligation to maintain the ARTWORK in accordance with this AGREEMENT so long as the ARTWORK exists in any form and in any condition. LOCAL AGENCY shall perform all maintenance of the ARTWORK in compliance with terms of the AGREEMENT, the standards set forth in California Streets and Highways Code section 27, and in accordance with all other applicable California laws, regulations, and standards, including the STATE’s Project Development Procedures Manual (PDPM), Chapter 29, Transportation Art, STATE’s Maintenance Manual, policies, procedures, and specifications in effect as of the execution of this AGREEMENT and as subsequently amended. The obligation to maintain the ARTWORK shall include routine inspections of the ARTWORK and the maintenance, repair, and cleaning of the ARTWORK, as well as the restoration of damaged ARTWORK, graffiti removal (in accordance with the terms of this AGREEMENT), and the removal of dirt, debris, vegetation growth, and weeds surrounding or obscuring the ARTWORK (hereafter collectively referred to as “MAINTAIN/MAINTENANCE”). LOCAL AGENCY’s obligation to MAINTAIN the ARTWORK is until the ARTWORK is removed consistent with terms of this AGREEMENT.

4. Encroachment Permits. Before LOCAL AGENCY, or any of its agents, may enter STATE right of way to perform MAITNENANCE of the ARTWORK, or any MAINTENANCE within STATE’s right of way in which the ARTWORK is located, LOCAL AGENCY shall have applied for and obtained, from the applicable STATE District, an Encroachment Permit in accordance with the STATE Encroachment Permit process. For the term of this AGREEMENT, LOCAL AGENCY shall obtain any encroachment permits required by law to perform the obligations under this AGREEMENT. STATE shall issue any and all encroachment permits at no cost to LOCAL AGENCY. LOCAL AGENCY’s contractors and subcontractors, including the artist who creates the ARTWORK, shall apply for, and be issued encroachment permits to perform work within STATE’s right of way, to the extent required by law. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.

5. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from the ARTWORK. LOCAL AGENCY is solely responsible 30 Item 3.

Rev 03/2023
TAMA - District-3 and City of Oroville - 9/1/2023
PM Butte 70 PM 13.6/14.8
3 for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.06.

6. Restoration of ARTWORK. LOCAL AGENCY, at LOCAL AGENCY’s expense, shall restore damaged ARTWORK to its original condition as set forth in Exhibit A either within thirty (30) calendar days of discovery of such damage or within thirty (30) calendar days of being notified in writing by STATE, whichever is sooner. If LOCAL AGENCY is unable to or otherwise fails to restore the damaged ARTWORK by this time, STATE may provide a plan to LOCAL AGENCY which is reasonable and in good faith to perform the required operation.

7. Routine MAINTENANCE. LOCAL AGENCY shall ensure the ARTWORK is provided with adequate routine MAINTENANCE necessary to maintain a neat and attractive appearance in accordance with a schedule mutually agreed to by PARTIES. LOCAL AGENCY shall coordinate said MAINTENANCE with STATE prior to the start of any work.

8. Failure to Perform MAINTENANCE. If during the term of this AGREEMENT, LOCAL AGENCY ceases to perform the MAINTENANCE of the ARTWORK to the satisfaction of STATE as provided by this AGREEMENT, STATE will provide written notice to LOCAL AGENCY to cure the default and LOCAL AGENCY will have thirty (30) calendar days within which to effect that cure. If LOCAL AGENCY does not MAINTAIN the ARTWORK or establish a plan and schedule to do so that is acceptable to STATE, STATE may either perform the MAINTENANCE on behalf of LOCAL AGENCY at LOCAL AGENCY’s expense, remove the ARTWORK at LOCAL AGENCY’s sole cost and expense and restore STATE’s right of way to its prior condition, or direct the LOCAL AGENCY to do so at LOCAL AGENCY’s expense.

LOCAL AGENCY hereby agrees to pay said STATE costs and expenses, within thirty (30) calendar days of receipt of billing by STATE.

9. Duties Upon Termination. In the event this AGREEMENT is terminated, LOCAL AGENCY shall remove the ARTWORK if STATE provides written consent for such removal, and restore STATE’s right of way to a safe and attractive condition compliant with all applicable laws and regulations and acceptable to STATE.

10. Additional LOCAL AGENCY Duties. During any MAINTENANCE work under this AGREEMENT, LOCAL AGENCY shall be responsible for MAINTAINING traffic operations and traffic control, including traffic lane closures as needed, to perform the MAINTENANCE in a safe and lawful manner. LOCAL AGENCY shall be responsible for obtaining any encroachment permits required by STATE or under this AGREEMENT. LOCAL AGENCY shall be responsible for complying with 31 Item 3.

Rev 03/2023
TAMA - District-3 and City of Oroville - 9/1/2023
PM Butte 70 PM 13.6/14.8
4 any and all state laws and regulations in the performance of its MAINTENANCE duties. LOCAL AGENCY shall provide STATE’s District_____________ Area Maintenance Superintendent, (name)_____________________, at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. MAINTENANCE services shall be performed between the hours of 9:00 AM and 3:00 PM or a time otherwise authorized by STATE and may be performed on weekends and holidays if necessary.

11. Location Impacts. Except as expressly authorized in writing by STATE, LOCAL AGENCY, in performing its obligations under this AGREEMENT, shall not alter any existing freeway or highway structure or facility, nor shall it remove any landscaping within the STATE’s right of way to MAINTAIN or alter the ARTWORK.

12. Costs and Expenses Borne by LOCAL AGENCY. The cost and expense of all work by or on behalf of LOCAL AGENCY shall be borne solely by LOCAL AGENCY, and no cost or expense shall be borne by STATE. STATE will not be responsible for the cost or expense of any MAITNENANCE, or any other maintenance, graffiti removal, repair, or restoration of the ARTWORK. STATE will not be responsible for any damages caused by any vandalism or accidents on the roadway. STATE shall only be responsible for its own direct actions.

13. Obligation to Remove ARTWORK. LOCAL AGENCY shall remove the ARTWORK whenever, in the opinion of STATE, it creates a maintenance, safety, or operational concern. In the event LOCAL AGENCY fails to remove the ARTWORK in a timely manner, STATE may remove the ARTWORK thirty (30) calendar days following written notification to LOCAL AGENCY, and STATE will bill LOCAL AGENCY for, and LOCAL AGENCY shall pay, all costs and expenses arising from its removal and for the restoration of STATE’s right of way to their original condition. STATE reserves the right to remove the ARTWORK or alter parts thereof due to any emergency, such as, but not limited to, an immediate safety hazard to the public as determined by STATE. Removal activities may include any construction, rehabilitation, or other necessary activities affecting transportation facilities without any obligation, compensation to, or approval of LOCAL AGENCY.

14. Unsatisfactory Conditions. STATE may provide LOCAL AGENCY with timely written notice of unsatisfactory conditions that require correction by the LOCAL AGENCY. However, the non-receipt of notice does not excuse LOCAL AGENCY from performing maintenance responsibilities assumed under this AGREEMENT.

STATE shall notify LOCAL AGENCY at least thirty (30) calendar days in advance of any planned work that may impact the ARTWORK. If the work required is due to a safety hazard, this notification period does not apply, and STATE will notify LOCAL AGENCY as soon as practicable of the planned or performed work. 32 Item 3.

Rev 03/2023
TAMA - District-3 and City of Oroville - 9/1/2023
PM Butte 70 PM 13.6/14.8
5 15. Acknowledgement of Title. LOCAL AGENCY, and its agents, recognize that STATE owns the exclusive title to the ARTWORK, including but not limited to, the right physically to possess, transfer, sell, dispose of, or destroy the ARTWORK.

16. Effect on Prior Maintenance Agreements. This AGREEMENT does not supersede or replace any prior maintenance agreements between LOCAL AGENCY and STATE concerning the highways, freeways, or other STATE facilities within the STATE right of way in which the ARTWORK is placed, except to the extent those agreements concern or effect the ARTWORK or the purposes of this AGREEMENT.

17. Encampments. If encampments belonging to Persons Experiencing Homelessness (PEH) are encountered by LOCAL AGENCY during MAINTENANCE of the ARTWORK, the LOCAL AGENCY will inform the STATE and comply with any existing agreements between STATE and LOCAL AGENCY regarding the removal of the PEH and any structures, personal property, debris, and/or other items related to the encampment that covers the location(s) shown in Exhibit A, subject to applicable State and Federal law. In the absence of any such agreements, STATE will determine how to proceed with the PEH and encampment(s) and communicate with LOCAL AGENCY on how to proceed with MAINTENANCE under this AGREEMENT.

18. No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.

19. Indemnification.

A. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the extent permitted by law, STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, subcontractors, and/or its agents pursuant to this AGREEMENT.

B. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. To the extent permitted by law, LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by 33 Item 3.

Rev 03/2023
TAMA - District-3 and City of Oroville - 9/1/2023
PM Butte 70 PM 13.6/14.8
6 LOCAL AGENCY, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT.

20. Prevailing Wages and Labor Code Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT.

21. Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of Self-Insurance must identify the AGREEMENT number, and location as depicted in Exhibit A. LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit B.

Self-Insured using Contractor. If the MAINTENANCE performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.

22. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. STATE may terminate this AGREEMENT at any time with or without cause.

23. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to accept the obligations of the LOCAL AGENCY by entering into a new agreement with STATE, LOCAL AGENCY shall continue to be contractually bound by the terms of this AGREEMENT.

24. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that the individual is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its 34 Item 3.

Rev 03/2023
TAMA - District-3 and City of Oroville - 9/1/2023
PM Butte 70 PM 13.6/14.8
7 regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority, as required. Further, on ___________________[DATE], the Council of the
_______________________________[LOCAL AGENCY] through Resolution No. _________ approved a recommendation to accept MAINTENANCE responsibilities for the ARTWORK.

25. Amendment to Agreement. The terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES.

26. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.

27. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.

THE CITY OF OROVILLE

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
Dated:

Mayor/Chairman
INITIATED AND APPROVED:

Dated: Dated:

CITY Administrator Deputy District Director
Maintenance District
Dated:
35 Item 3.
8 EXHIBIT B
LETTER CERTIFYING CITY’S/COUNTY’S SELF-INSURED STATUS (TEMPLATE) On Local Agency letterhead
CALTRANS DISTRICT 3 August 31, 2023
703 B St. Marysville, Ca 95901
ATTN: JAGGA DHAMI, MAINTENANCE ENGINEERING
Re: Statement of Self-Insurance for CITY of Oroville for Transportation Art Maintenance Agreement California Department of Transportation for the “Eight Free Standing steel and Mosaic Sculptures” project along BUTTE SR 70 PM 13.6/14.8.

Dear CALTRANS DISTRICT 3:

This letter certifies that the CITY of Oroville is self-insured and self-funded covering third-party claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is self-insured covering workers compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, and meets the required coverage amounts in section 21 (Insurance) of the Transportation Art Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

If you need any additional information regarding this letter, please direct those inquiries through my office.

Sincerely,
Finance Manager/Risk Manager/Authorized Representative’s Title 36 Item 3.

MAINTENANCE AGREEMENT AREA
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44 EXHIBIT A
SHEET OF 11 37
Item 3.

LEGEND
♦ ART SCULPTURE - CITY MAINTAINS AT CITY EXPENSE
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EXHIBIT A
38 Item 3.

LEGEND
♦ ART SCULPTURE - CITY MAINTAINS AT CITY EXPENSE

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EXHIBIT A
SHEET 3 OF 11 39
Item 3.

Caltrans & the City of Oroville - State Route 70 Clean California Beautification Project - Steel Sculptures
Cc) 2023 Rainforest Art Project
RA.NFOREST
art project

EXHIBIT A
SHEET 4 OF 11
40 Item 3.

Caltrans & the City of Oroville - State Route 70 Clean California Beautification Project - Steel Sculptures
C0 2023 Rainforest Art Project
RAiNFOREST
art project

EXHIBIT A
SHEET 5 OF 11
41 Item 3.

Caltrans & the City of Oroville - State Route 70 Clean California Beautification Project - Steel Sculptures
© 2023 Rainforest Art Project
RAiNFOREST
art project

EXHIBIT A
SHEET 6 OF 11
42 Item 3.

Caltrans & the City of Oroville - State Route 70 Clean California Beautification Project - Steel Sculptures
© 2023 Rainforest Art Project
RAiNFOREST
art project

EXHIBIT A
SHEET 7 OF 11
43 Item 3.

EXHIBIT A
SHEET 8 OF 11
44 Item 3.

Caltrans & the City of Oroville - State Route 70 Clean California Beautification Project - Steel Sculptures
Cc) 2023 Rainforest Art Project
RAiNFOREST
art project

EXHIBIT A
SHEET 9 OF 11
45 Item 3.

Caltrans & the City of Oroville - State Route 70 Clean California Beautification Project - Steel Sculptures
© 2023 Rainforest Art Project
RAlNFOREST
art project

EXHIBIT A
SHEET 10 OF 11
46 Item 3.

EXHIBIT A
SHEET 11 OF 11
47 Item 3.

October 17, 2023

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: HEATHER MCCAFFERTY, CULTURAL FACILITES CURATOR
RE: DONATION TO THE LOTT HOME
DATE: OCTOBER 17, 2023

SUMMARY
The City Council may consider acknowledging the receipt of a donation of a historic wooden wall hung reloading cabinet to the Lott Home.

DISCUSSION
The City recently received a donation of a wooden wall hung reloading cabinet believed to originally belong to the Lott family.

The donation has been reviewed by Heather McCafferty, Cultural Facilities Curator and Darlene Morris, lead docent at the Lott Home, and David Dewey, President of Docent Association, and has been deemed acceptable to add to the collection. This item is in compliance with Museum Policies & Procedures #19, which calls for items to be, “associated with the Lott family in Oroville and their activities.” The wall hung gun reloading cabinet is meant to house gun powder and other necessary items for handloading of firearm cartridges. Reloading cabinets have nooks, shelves, and drawers for small parts and supplies. This wooden cabinet is approximately 10” x 25” x 12” and dates to the 19th century, as indicated by a date of 1879 inscribed in one of the drawers.

FISCAL IMPACT
There is no fiscal impact at this time.

RECOMMENDATION
Acknowledge receipt of the donations for the Lott Home and recommend that the City Council accept the donations.

ATTACHMENT(S)
Deed of Gift
48 Item 4.

October 17, 2023
Photos
49 Item 4.

Deed of Gift
Accession Number:

Address: J. C7 A~AJ O mien CA.
gon |oAd-e^
Acceptance of gift(s) is subject to the following conditions:

2. This gift shall be subject to no restrictions or conditions.

4. Object(s) may be photographed or otherwise reproduced, exhibited or studied.

Date
Accepted by Date
City of Oroville Museums
Department of Parks & Trees
I do hereby give and convey to the City ofOroville, without limiting conditions, the following itcm(s):

Description ofItem(s): (continue on back)

3. Due to limited space and changing exhibitions, the exhibition of any object is entirely at the discretion of museum staff.

5. Evaluation by a commercial appraiser for income tax purposes is the responsibility ofthe donor. Values assigned by museum staff are not valid for this purpose.

1. The object(s) accepted shall become the permanent property ofthe City ofOroville. As such object(s) may be subject to conservation treatments, study and/or disposal.

VitI
I do hereby declare that 1 am the lawful owner ofthe above listed object(s) and/or have legal authority to make this gift, ancjAbftf-kljave read and am familiar with the provisions ofthis Deed.

Signature of Donor _
Donor: /)V£tLS Phone:
50 Item 4.
51 Item 4.

Rachael Mattingly—Lott Home Donation 2023
52 Item 4.

October 17, 2023

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: HEATHER MCCAFFERTY, CULTURAL FACILITES CURATOR
RE: DONATIONS TO THE CHINESE TEMPLE
DATE: OCTOBER 17, 2023

SUMMARY
The City Council may consider acknowledging the receipt of a collection of various items to the Chinese Temple.

DISCUSSION
The City recently received a donation containing the following:

1. Large painting of a Chinese Queen or Consort of the Emperor.

2. Ancestral portrait of a Civil Servant of the Qing Dynasty.

3. Statue of a Bodhisattva.

The donations have been reviewed by Heather McCafferty, Cultural Facilities Curator and Ann Chamberlain, lead docent at the Chinese Temple, and have been deemed acceptable to add to the collection. This collection is in compliance with Museum Policies & Procedures #20, which calls for items to “emphasize the traditional folklore of the 19th Century Chinese,” and “be suitable for interpretive display or use to augment displays.” Included in this collection is a large painting depicting a Queen or a consort of the emperor dating to the mid-20th century. The figure is wearing a mianguan head dress featuring numerous strings of pearls or beads and long flowing robes.

The ancestor portrait depicts an official of the Qing Dynasty. The pheasant rank badge on his blue robe indicates the figure is a civil servant. The official color of the Qing Dynasty was blue. Noblemen and court maidens wore blue, while yellow was reserved for royalty who were part of the Emperor’s court. Official positions were sometimes purchased by wealthy merchants at the end of the Qing period, which lasted from 1644- 1911. The ancestor portrait dates to the late 19
th or early 20th century.

The statue is an East Asian Buddhist figure and is called a Bodhisattva, which, in Buddhism, is someone who has achieved enlightenment but postpones entering into nirvana in order to help others achieve enlightenment. The word Bodhisattva comes from 53 Item 5.

October 17, 2023
the Sanskrit words “bodhi” (enlightenment) and sattva (being).

FISCAL IMPACT
There is no fiscal impact at this time.

RECOMMENDATION
Acknowledge receipt of the donations for the Chinese Temple and recommend that the City Council accept the donations.

ATTACHMENT(S)
Deed of Gift
Photos
54 Item 5.
■'flV
55 Item 5.

Deed of Gift
Accession Number:

Address:

Description ofltem(s): (continue on back)
Acceptance of gift(s) is subject to the following conditions:

2. This gift shall be subject to no restrictions or conditions.

4. Object(s) may be photographed or otherwise reproduced, exhibited or studied.

Date
Accepted Date by

3. Due to limited space and changing exhibitions, the exhibition of any object is entirely at the discretion of museum staff.

City of Oroville Museums
Department of Parks & Trees

5. Evaluation by a commercial appraiser for income tax purposes is the responsibility ofthe donor. Values assigned by museum staff are not valid for this purpose. i Ane
I. The object(s) accepted shall become the permanent property ofthe City ofOroville. As such object(s) may be subject to conservation treatments, study and/or disposal.

Donor: 2
I do hereby declare that I am the lawful owner ofthe above listed object(s) and/or have legal authority to make this gift, and that I have read and am familiar with the provisions ofthis Deed.

Signature of Dorter
A
// /// /2 Z-
/
/m Phone: 3(? - 97^ '
7 ( <4fa
I do hereby give and convey to the City ofOroville, without limiting conditions, the following item(s): . /
[ (Lhl X? x?Z/6XI
56 Item 5.
..i □. ;
' ^1. TTV- W»r
m ,w-uU”i. . . :
. JOjadui] on>|nqDUDv^,
[Sfc '!And93dsP3aou!MD
57 Item 5.
i. /
I
I rJ
1 ■ VU J1
1 58
Item 5.

October 17, 2023

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: HEATHER MCCAFFERTY, CULTURAL FACILITES CURATOR
RE: DONATIONS TO THE CHINESE TEMPLE
DATE: OCTOBER 17, 2023

SUMMARY
The City Council may consider acknowledging the receipt of a collection of various items to the Chinese Temple.

DISCUSSION
The City recently received a donation containing the following:

1. Silk embroidered dragon robe.

2. Woman’s long robe with embroidered collar, edging and cuffs.

3. Brown woman’s dress with intricate embroidery panels.

4. Woman’s Han Chinese style yellow skirt.

5. Small silk embroidered hanging.

6. Black silk jacket with gold embroidery dragon roundels.

The donations have been reviewed by Heather McCafferty, Cultural Facilities Curator and Ann Chamberlain, lead docent at the Chinese Temple, and have been deemed acceptable to add to the collection. This collection is in compliance with Museum Policies & Procedures #20, which calls for items to “emphasize the traditional folklore of the 19th Century Chinese,” and “be suitable for interpretive display or use to augment displays.” Included in this collection is a silk red/brown dragon robe that was likely a theatrical costume or costume for a statue of a deity. The piece includes gold metal embroidery of 5 toed dragons, emblematic of the emperor, as well as bats, flowers, waves and clouds.

The piece is likely from the late 19th or early 20th century. Some wear is evident from use and from light damage, resulting in weakened fabric and some fraying.

The woman’s long robe is a light brown/tan color with embordered collar, cuffs and edging attached with a dragon, flowers, vases, and other designs present. The piece is likely from the early 20th century and was made for export for a dressing or tea gown. The embroidered boarders and collar may have been taken from other garments. 59 Item 6.

October 17, 2023
The woman’s brown dress dates to the 1920’s and was converted from a Han Chinese skirt of the later 19th century / early 20th century. It was common in the West to convert Chinese skirts into fashionable Western-style garments from the 1920’s-1940’s.

The woman’s Han Chinese style yellow skirt is from the late 19th century and is of fine quality with detailed embroidery panels including examples of the seed stich, also known as the Peking stitch, or “forbidden” stitch, due to its intricacy and detail. The design includes a vase, flowers, and butterflies.

The small silk embroidery panel includes an embroidered roundel with an pagoda and garden scene. The black silk jacket features embroidered roundels with 4 toed dragons stitched with gold metal thread, wide cuffs, and a silk white collar with embroidered butterflies.

FISCAL IMPACT
There is no fiscal impact at this time.

RECOMMENDATION
Acknowledge receipt of the donations for the Chinese Temple and recommend that the City Council accept the donations.

ATTACHMENT(S)
Deed of Gift
Object History Form
Photos
60 Item 6.

Deed of Gift
Donor Name:

Phone: 520 2J -/ I
Address: t &i,\ (a 5 (X 5^' ftH- ft
y y
^z/' c
C</‘
Acceptance ofgilt(s) is subject to the following conditions:

2. This gift shall be subject to no restrictions or conditions.

4. Object(s) may be photographed or otherwise reproduced, exhibited or studied.

Signature of Donor Date
Accepted by Date

3. Due to limited space and changing exhibitions, the exhibition of any object is entirely at the discretion of museum staff.

5. Evaluation by a commercial appraiser for income tax purposes is the responsibility ofthe donor. Values assigned by museum staff are not valid for this purpose.

I. The object(s) accepted shall become the permanent property ofthe City ofOroville. As such object(s) may be subject to conservation treatments, study and/or disposal.

City of Oroville Museums
Department of Parks & Trees
Email: e Knots' S C c c
ft f C c
1 do hereby declare that I am the lawful owner ofthe above listed object(s) and/or have legal authority to make this gift, and that I have read and am familiar with the provisions ofthis Deed. _________ Date c /^- y
5 I do hereby give and convey to the City of Oroville, without limiting conditions, the following item(s):
• T^
c*'
2/ 5
I 7 60 C m3 r, >
H $ /< t>r ■'
Description of ltem(s): (continue on back)
I3la^
h-*-
Z> /U »->'/ k
61 Item 6.
62 Item 6.
b. Who used or wore the object?
d. Where was it used? (Exact locations - In kitchen/ in barn/ in California) e. What did its use signify?
f. Why has this object survived or been saved?
b. When was it made? c. Where was it made?
d. Why was it made?
e. How does it / did it work?
f. Who altered or repaired it?
g. When was it altered or repaired? Where?
h. Why was it altered or repaired?
b. Related photos or people or places?
b. Butte County History
c. California History
d. United States History
e. World History
Rev 4-04

3. Manufacture ofthe object:
a. Who made it?

4. Are there any photographs ofthe object?
a. Showing use oflocation?

5. Are there any interesting stories connected with the object? (Please attached separate paper if necessary)

6. Is the object associated with any person, site, event, or industry in: (Attach paper if necessary) a. Oroville History
c. When was it used? (Every day/ holidays/ in the winter, spring, etc/ during a certain time period/ for a certain situation)
a. How was the object used? (Describe action: ex. “John held it in his left hand and pumped it with his foot.”)
63 Item 6.

Catalog Number:

II. What was the family relationship to the donor?
III. Where did the family live?
IV. What did the family do? (Business, occupation, etc.) When? 1^70 '-/frr
IV. Why was it given?
Donation Object History Form, Page 2 of 2

2. Use ofthe object:

1. How did the object come into their possession? Was it:

A. In the family?
I. What was the family name?
D. Found?
I. When?Where?
II. Any unusual circumstances surrounding the find?
Phone:_ S10
City: hi State: Zip: ^5^
An C de)
B. Purchased?
I. From whom?
II. Where? Z^pz/^zi (di
III. How much was paid?
IV. Why was it purchased? (Gift, everyday use, collectors item, etc.) /?u T^i 5 '.

C. Given to donor?
I. When? !WWhere?
II. By whom? 3
III. What was the relationship to the donor?
(Rc.-r
p£yt jc>i -v (
7 o II c (di
Donation Object History Form (2 pages)
Please gather as much of the following information as possible. This needs to be done when the object is first received. This information is valuable in determining the significance and the proper interpretation ofthe object. It will also assist in justifying why the gift should be accepted or denied. Please take the time to be as thorough as possible.

Attach extra sheets of paper is necessary.

Without this information, the object is just an interesting object. With this information, the object provides a link to our past, making it come alive.

Donor Name: rf'/l n Z Z/ > /
Address:

Object Name:

This box to be filled out by .Museum Staff
Accession Number:
64 Item 6.

1.Silk Embroidered
Dragon Robe

2.Woman’s long robe
with embroidered
collar, edging and
cuffs.

Ann Morrisey Donation to Chinese Temple 2023
65 Item 6.

Ann Morrisey Donation to Chinese Temple 2023

3. Brown woman’s dress
with intricate embroidery
panels

4. Woman’s Han Chinese
style yellow skirt.
66 Item 6.

Ann Morrisey Donation to Chinese Temple 2023

5. Small silk
embroidered hanging.

6. Black silk jacket with
gold embroidery
dragon roundels.
67 Item 6.

October 17, 2023

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: HEATHER MCCAFFERTY, CULTURAL FACILITES CURATOR
RE: DONATIONS TO THE BOLT’S ANTIQUE TOOL MUSEUM
DATE: OCTOBER 17, 2023

SUMMARY
The City Council may consider acknowledging the receipt of a collection of various items to the Bolt’s Antique Tool Museum.

DISCUSSION
The City recently received a donation containing the following:

1. Queen Bee Cages (3)

2. Hive Tools (3)

3. Beekeepers Suit

4. Beekeeper Cap

5. Beekeeper veils (2)

6. Smokers (2)
The donations have been reviewed by Heather McCafferty, Cultural Facilities Curator and Sara Carmody, Beekeeper and Bolt’s Antique Museum Docent. This collection is in compliance with Museum Policies & Procedures #30 which states that donations, “shall be of tools and their documentation.”
Included in this collection are Queen Bee cages, which were used by beekeepers to house a queen bee to start a new bee colony. There are hive tools included which were used to remove nails, scrape, pry and lift frames. The beekeeper’s suit was used to prevent bee stings, along with the cap and veils. The smokers were used to sooth and gently coax bees out of the bee boxes so that beekeepers can harvest honey or check on the progress of the hive.

FISCAL IMPACT
There is no fiscal impact at this time.

RECOMMENDATION
68 Item 7.

October 17, 2023
Acknowledge receipt of the donations for the Bolt’s Antique Tool Museum and recommend that the City Council accept the donations.

ATTACHMENT(S)
Deed of Gift
Potential Donation Form
Photos
69 Item 7.
< 70
Item 7.
<
Deed of Gift
Donor Name:

Acceptance ofgift(s) is subject to the following conditions:

2. This gift shall be subject to no restrictions or conditions.

4. Object(s) may be photographed or otherwise reproduced, exhibited or studied.

Signature of Donor
Accepted by Date
City of Oroville Museums
Department of Parks & Trees

3. Due to limited space and changing exhibitions, the exhibition of any object is entirely at the discretion of museum staff.

5. Evaluation by a commercial appraiser for income tax purposes is the responsibility ofthe donor. Values assigned by museum staff are not valid for this purpose.

1. The object(s) accepted shall become the permanent property ofthe City ofOroville. As such object(s) may be subject to conservation treatments, study and/or disposal. bo Lee Description of ltem(s): (continue on back)
Email:

M____
I do hereby declare that 1 am the lawful owner ofthe above listed object(s) and/or have legal authority to make this gift, and that 1 haye read and airnftrfiiiljar with the provisions ofthis Deed. ci/d/4 Date
Phone: ' 7 / 3
Address: / Sh' / <10 Gcl.>O
I do hereby give and convey to the City ofOroville, without limiting conditions, the following item(s): q
71 Item 7.

Bolt’s Antique Tool Museum
Edith Guthrey Donation 2023
Queen Bee cages (x3)
Fair condition, they can be cleaned of dust and debris. These Queen Bee cages are vintage circa 1980s.

Photos are as follows:

Queen Bee Cage:
72 Item 7.

Hive Tools (x3)
Good condition, have rust and wear patterns. Three different hive tools, one yellow, one blue and one with a hook end.

Photos are as follows:

Hive Tool (Yellow):

Hive Tool (Blue):
73 Item 7.

Hive tool with hook end:

Beekeepers Suit
Incomplete beekeepers suit including two vintage veils, one cap, one suit, with one glove and one extender sleeve.

Photos are as follows:

Bee Suit Cap vintage 1990s
Cap Underside condition
74 Item 7.

Beekeepers Suit, good condition
Beekeepers suit, tag close up
75 Item 7.

Beekeepers veil 1:

Beekeepers Veil 2:
76 Item 7.
77 Item 7.

Smokers (x2): One is rusted and aged, the other is aged but kept in good condition complete with instructions sheet.

Aged smoker (top row), preserved smoker (bottom row)
78 Item 7.

5. What is its cultural or historical significance?

6. How big is it? (Please provide approx, measured dimensions in H x W x D and weight)

8. What is its condition? i.e. Is it missing any parts? Is it damaged? Is it stained? Terms and Agreements
I understand that Oroville City Museums will only accept donations without donor restrictions.

I understand that Oroville City Museums will not purchase my items, and only accepts donations.

I understand that Oroville City Museums will not appraise items/artifacts to be donated.

I understand that a donation legally transfers ownership of the item to Oroville City Museums

7. Do you legally own this item?
No
Signature:. Date:_
79 Item 7.

Oroville City Museums Potential Donation Information Form First Name
Last Name
Address 116 -Rc/
City/State/Zip 9 53 u b
Home Phone Cell Phone 73^- 3
Email
Donation Questionnaire
>
iA

4. What do you know about your item(s)? i.e. Where was it made? Who used it? How did you acquire it?

1. What type of item is it?
Historic Object/Artifact
Artwork
Ecological Object/Artifact
Mixed Collection
o
(Oroxj ( I

3. Please describe your item(s) (Be as specific as possible, use other side if needed) srnoQuggn <
Photo/Video
Book
Cultural object/Artifact
Other Sgg- S

2. Which Museum would you like to donate your item(s) too? The C.F. Lott Home
The Pioneer History Museum
The Chinese Temple
The Feather River Nature Center
_->The Bolts Antique Tool Museum
[1)0. nturwd /35 b
pr'D\)\de.cl
4//)d<?n Lodi
(1 Aon
j
<3 '/-I'] P _______
■SMi 4c>a^n
gfeCJicgs Q>r
80 Item 7.

BAHD Page 1 01.19.2016

OROVILLE CITY COUNCIL

STAFF REPORT
TO:

FROM:

RE:

DATE:

SUMMARY

MAYOR PITTMAN AND COUNCIL MEMBERS

RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
APPROVAL OF THE CALRECYCLE HD39: 2022/2023

HOUSEHOLD HAZARDOUS WASTE EDUCATION GRANT
2022/2023 THROUGH FISCAL YEAR 2024/2025.

OCTOBER 17, 2023
The Council will consider ratifying the submission of the three-year HD39: 2022/2023 CalRecycle Household Hazardous Waste Education Grant for Fiscal Years 2022/2023 through 2024/2025 in the amount of $50,000.

DISCUSSION
Nearly all CalRecycle regulations are found in Title 14 and Title 27 of California Code of Regulations. There are currently four diversion programs in effect and a fifth program (SB 1383) came into effect January 1, 2022. Additionally, the City has also adopted Ordinance 13.08 to meet the necessary regulations mandated by SB 1383.

In October 2021, the Council entered into an agreement with Jennifer Arbuckle Consulting, a qualified professional consultant to provide grant management and implementation of SB 1383. The City applied for multiple grants offered by CalRecycle surrounding SB1383. One of these grants was the HD39: 2022/2023 Household Hazardous Waste Education Grant.

On September 30, 2022, the City of Oroville was awarded $50,000 through CalRecycle for the HD39: 2022/2023 Household Hazardous Waste Education Grant. Staff is requesting that the Council approve the CalRecycle HD39:
2022/2023 Household Hazardous Waste Education Grant for Fiscal Years 2022/2023 through 2024/2025 (three years) in the amount of $50,000.

Staff is also requesting the Council to adopt a resolution authorizing the Mayor to sign an agreement for these grant funds that will be used for education, personnel, equipment.

Funds will be reimbursed to the City for amounts not to exceed $50,000. The cost breakdown of the grant will be as follows: $25,500 for education; $17,000 for personnel; $2,500 for equipment. The Grant End Date will be 09/30/2025. 81 Item 8.

BAHD Page 2 01.19.2016

The scope of work for this grant is to make minor improvements to our existing HHW facility and establish the communities HHW education and outreach program. Grant funds will be utilized to purchase PPE and small tools. Additional funds will be utilized to develop a HHW training guide and a P.S.A TV commercial on how to properly handle, store, transport and dispose of HHW in our community.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATION
Adopt Resolution No. – APPROVAL OF THE CALRECYCLE HD39: 2022/2023 HOUSEHOLD HAZARDOUS WASTE EDUCATION GRANT 2022/2023
THROUGH FISCAL YEAR 2024/2025.

ATTACHMENT(S)
Resolution No.

Agreement No.
82 Item 8.
83 Item 8.
84 Item 8.
85 Item 8.
86 Item 8.
87 Item 8.
88 Item 8.
89 Item 8.
90 Item 8.
91 Item 8.
92 Item 8.
93 Item 8.
94 Item 8.
95 Item 8.
96 Item 8.
97 Item 8.
98 Item 8.

CITY OF OROVILLE
RESOLUTION NO. 9187

A RESOLUTION OF THE OROVILLE CITY COUNCIL RATIFYING ALL DOCUMENTS RELATING FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2024/2025 CALRECYCLE HD39: 2022/2023 HOUSEHOLD

HAZARDOUS WASTE EDUCATION GRANT AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE ALL PROGRAM DOCUMENTATION (Agreement No.3473 )
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to the CalRecycle Household Hazardous Waste Education Grant
authorizing and directing the Mayor to execute all program documentation.
b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on October 17, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 99 Item 8.

BAHD Page 1 01.19.2016

OROVILLE CITY COUNCIL

STAFF REPORT
TO:

FROM:

RE:

DATE:

SUMMARY
The Council will consider ratifying the submission of the 4-year OWR4:
2022/2023 SB 1383 Support Grant for Fiscal Years 2022/2023 through 2025/2026 in the amount of $75,000.

DISCUSSION
Nearly all CalRecycle regulations are found in Title 14 and Title 27 of California Code of Regulations. There are currently four diversion programs in effect and a fifth program (SB1383) came into effect January 1, 2022. Additionally, the City has also adopted Ordinance 13.08 to meet the necessary regulations mandated by SB1383.

In October 2021, the Council entered into an agreement with Jennifer Arbuckle Consulting, a qualified professional consultant to provide grant management and implementation of SB 1383. The City applied for multiple grants offered by CalRecycle surrounding SB 1383. One of these grants was the SB 1383 Support Grant.

On April 1, 2022, the City of Oroville was awarded a 4-year OWR4: 2022/2023 SB 1383 Support Grant for Fiscal Years 2022/2023 through 2025/2026 in the amount of $75,000. Staff is requesting that the Council approve the CalRecycle 4-year OWR4: 2022/2023 SB 1383 Support Grant for Fiscal Years 2022/2023 through 2025/2026 (four years) in the amount of $75, 000. Staff is also requesting the Council to adopt a resolution authorizing the Mayor to sign an agreement for these grant funds that will be used for personnel and consultant fees to assist the City with the needed Capacity Planning, Procurement Requirements, Record Keeping, Enforcement and Inspection, Program Evaluation/Gap Analysis. Additional funding will be used to purchase indoor containers and educational materials to help commercial and multi-family businesses set up food waste collection programs.

MAYOR PITTMAN AND COUNCIL MEMBERS

RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
APPROVAL OF THE CALRECYCLE FISCAL YEAR 2022/2023
THROUGH FISCAL YEAR 2025/2026 CALRECYCLE OWR4:
2022/23 SB 1383 SUPPORT GRANT
OCTOBER 17, 2023
100
Item 9.

BAHD Page 2 01.19.2016

Funds will be reimbursed to the City for amounts not to exceed $75,000. There is no specific cost breakdown.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATION
Adopt Resolution No. – APPROVAL OF THE CALRECYCLE FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2025/2026 CALRECYCLE OWR4:
2022/23 SB 1383 SUPPORT GRANT

ATTACHMENT(S)
Resolution No.

Agreement No.
101
Item 9.
102
Item 9.
103
Item 9.
104
Item 9.
105
Item 9.
106
Item 9.
107
Item 9.
108
Item 9.
109
Item 9.
110
Item 9.
111
Item 9.
112
Item 9.
113
Item 9.
114
Item 9.
115
Item 9.
116
Item 9.
117
Item 9.

CITY OF OROVILLE
RESOLUTION NO. 9188

A RESOLUTION OF THE OROVILLE CITY COUNCIL RATIFYING ALL DOCUMENTS RELATING TO CALRECYCLE FISCAL YEAR 2022/2023
THROUGH FISCAL YEAR 2025-2026 CALRECYCLE OWR4: 2022/23 SB 138

SUPPORT GRANT AUTHORIZING AND DIRECTING THE MAYOR TO

EXECUTE ALL PROGRAM DOCUMENTATION
(Agreement No. 3475 )
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to the CalRecycle OWR4: 2022/2023 SB1383 Support Grant authorizing and directing the Mayor to execute all program documentation. b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on October 17, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 118
Item 9.

BAHD Page 1 01.19.2016

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: APPROVAL OF THE CALRECYCLE 2023 TIRE AMNESTY
GRANT FISCAL YEAR 2023/2024, 2024/2025, and 2025/2026.

DATE: OCTOBER 3, 2023

SUMMARY
The Council will consider ratifying the submission of the three-year CalRecycle Tire Amnesty Grant for Fiscal Years 2023/2024 through 2025/2026 in the amount of $40,000.

DISCUSSION
Nearly all CalRecycle regulations are found in Title 14 and Title 27 of California Code of Regulations. There are currently four diversion programs in effect and a fifth program (SB1383) came into effect January 1, 2022. Additionally, the City has also adopted Ordinance 13.08 to meet the necessary regulations mandated by SB1383.

On April 1, 2023, the City of Oroville was awarded $40,000 through CalRecycle for the 2023 Tire Amnesty Grant. Staff is requesting that the Council approve the CalRecycle Tire Amnesty Grant for Fiscal Years 2023/2024 through 2025/2026 (Three Years) in the amount of $40,000. Staff is also requesting the Council to adopt a resolution authorizing the Mayor to sign an agreement for these grant funds that will be used for tire disposal, personnel costs, and education.

Funds will be reimbursed to the City for amounts not to exceed $40,000. The cost breakdown of the grant will be as follows: $25,000 for tire disposal; $13,000 for personnel; $2,000 for education. The Grant End Date will be 04/01/2026.

The City of Oroville Recycling Coordinator and Code Enforcement will hold 5 waste tire collection events, one in the Fall of 2023, and two in the Spring and Fall of 2024 and 2025, to provide needed disposal to the City of Oroville. Events 119
Item 10.

BAHD Page 2 01.19.2016
will be run as one day events and /or month-long collection events depending on the time of year and weather conditions. We anticipate collecting 8,000 tires over the 2-year grant term. The one day and month-long events will utilize the services of (1) Jennifer Arbuckle Consulting to manage all grant requirements and to plan and manage the events and, (2) Waste Tire Products to load tires and collect participation data. Collected tires will be removed, transported, and recycled by Waste Tire Products.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATION
Adopt Resolution No. – APPROVAL OF THE CALRECYCLE 2023 TIRE AMNESTY GRANT FISCAL YEAR 2023/2024, 2024/2025, and
2025/2026.

ATTACHMENT(S)
Resolution No.

Agreement No.
120
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CITY OF OROVILLE
RESOLUTION NO. 9190

A RESOLUTION OF THE OROVILLE CITY COUNCIL RATIFYING ALL DOCUMENTS RELATING FISCAL YEAR 2023-2024 THROUGH FISCAL YEAR 2025-2026 CALRECYCLE 2023 TIRE AMNESTY GRANT

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE ALL PROGRAM

DOCUMENTATION
(Agreement No. 3477)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to the CalRecycle 2023 Tire Amnesty Grant authorizing and directing the Mayor to execute all program documentation.
b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on October 17, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 137
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OROVILLE CITY COUNCIL

STAFF REPORT
TO:

FROM:

RE:

DATE:

SUMMARY

MAYOR PITTMAN AND COUNCIL MEMBERS

RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
APPROVAL OF THE RBC34: 2022/2023 CALRECYCLE

BEVERAGE CONTAINER GRANT
OCTOBER 17, 2023
The Council will consider ratifying the submission of the RBC34: 2022/2023 CalRecycle Beverage Container Grant Fiscal Years 2023/2024 through 2024/2025.

DISCUSSION
In October 2021, the Council entered into an agreement with Jennifer Arbuckle Consulting, a qualified professional consultant to provide grant management and implementation of SB 1383. The City applied for multiple grants offered by CalRecycle. One of these grants was the Beverage Container Grant.

The City of Oroville was awarded $275,000.00 through CalRecycle for the Beverage Container Grant. Staff is requesting that the Council approve the CalRecycle RBC34: 2022/2023 Beverage Container Grant for Fiscal Years 2022/2023 through 2024/2025 in the amount of $275,000.00.

Staff is also requesting the Council to adopt a resolution authorizing the Mayor to sign an agreement for these grant funds that will be used for 80 permanent outdoor beverage container recycling bins and 10 water refill stations in 10 parks located throughout Oroville.

Funds will be reimbursed to the City for amounts not to exceed $275,000. The cost breakdown of the grant will be as follows: $230,000 for equipment; $40,000 for personnel; $5,000 for education. The Grant End Date will be April 1, 2025.

The Scope of Work for this grant will be to establish permanent beverage recycling infrastructure and install water refill stations within all our parks and recreation areas. City of Oroville will purchase and install 80 permanent outdoor beverage container recycling bins and 10 water refill stations in 10 parks located throughout Oroville. The beverage container recycling bins and refill stations will be placed along walkways, adjacent to play structures, and next to restrooms in the 10 underserved parks and recreation areas. The City of Oroville will conduct education and outreach through direct outreach, PSAs, and social media ads. 138
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FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATION
Adopt Resolution No. – APPROVAL OF THE RBC34: 2022/2023 CALRECYCLE BEVERAGE CONTAINER GRANT.

ATTACHMENT(S)
Resolution No.

Agreement No.
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CITY OF OROVILLE
RESOLUTION NO. 9189

A RESOLUTION OF THE OROVILLE CITY COUNCIL RATIFYING ALL DOCUMENTS RELATING FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2024/2025 RBC34 BEVERAGE CONTAINER GRANT AUTHORIZING

AND DIRECTING THE MAYOR TO EXECUTE ALL PROGRAM

DOCUMENTATION
(Agreement No. 3476)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to the CalRecycle RBC34: 2022/23 Beverage Container Grant authorizing and directing the Mayor to execute all program documentation. b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on October 17, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 156
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Oroville City CouncilOctober 17, 2023

Oroville City Council
October 17, 2023