Agenda packet — Oroville City Council, December 5, 2023

December 05, 2023~ 3:30 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
December 05, 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

CLOSED SESSION
The Council will hold a Closed Session on the following:
1 December 05, 2023~ 3:30 PM Oroville City Council Meeting Agenda Page 2 of 7

1. 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.

2. 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: All Bargaining Units.

3. Pursuant to Government Code section 54956.8, the Council will meet with Real Property Negotiators, City Administrator and City Attorney, regarding the following property: APN 035-380-068; 035-380-067; and 038-380-061.

4. Pursuant to Government Code section 54956.9(d)(2), the Council will meet with the City Administrator and City Attorney regarding potential exposure to litigation – One case.

5. 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 Heads

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Resolution in Recognition of Karolyn Fairbanks
The Oroville City Council will consider adopting Resolution No. 9203, A Resolution Honoring Karolyn Fairbanks.

ACTION REQUESTED - ADOPT RESOLUTION AND AUTHORIZE THE MAYOR TO SIGN.

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
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CONSENT CALENDAR
Consent calendar items 1 - 8 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. City of Oroville November 7, 2023 Regular Meeting Minutes Submitted for approval are the regular meeting minutes for the City Council meeting held on November 7, 2023.

ACTION REQUESTED -
APPROVE MINUTES AND AUTHORIZE THE MAYOR TO SIGN.

2. Amendment to Professional Services Agreement with Trover Construction Project Management LLC to Extend Expiration Date Related to 20-CDBG-12067 The City Council may consider amending Professional Services Agreement with Trover Construction Project Management LLC to perform owner-occupied rehabilitation contractor services for the City of Oroville Housing Rehabilitation Program to extend the expiration date of the agreement. The grant expenditure deadline is May 31, 2024, therefore staff would like to extend the agreement with Trover Construction Project Management LLC to align with the grant.

Additionally, Trover Construction Project Management has been assisting the City with First Time Homebuyer inspections.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9202 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO AMEND A PROFESSIONAL SERVICES

AGREEMENT WITH TROVER CONSTRUCTION PROJECT MANAGEMENT LLC TO PROVIDE PROGRAM SERVICES THROUGH DECEMBER 31, 2024 (Agreement No. 3484)

3. Letter of Support for State Parks OEP Grant
Feather River Recreation and Park District (FRRPD) is kindly requesting the City of Oroville’s assistance in supporting their application for the State Parks Outdoor Equity Program Grant by writing and executing a letter of support.

ACTION REQUESTED - APPROVE LETTER AND AUTHORIZE THE MAYOR TO SIGN.

4. Consideration of a Resolution Declaring the Property Located at 1275 Mitchell Avenue as Exempt Surplus Land and Making Associated Findings
The City Council may consider approving a resolution declaring the City-owned property known as 1275 Mitchell Avenue (APN 035-250-002) as Exempt Surplus Land and making associated findings. This resolution is to declare the property as “exempt surplus land” appropriate for disposition for affordable housing development pursuant to Government Code Section 54221 (f)(1)(A), and to make certain findings regarding the sale of the parcel pursuant to Government Code Section 37364.

ACTION REQUESTED - ADOPT RESOLUTION NO. 9199 - A RESOLUTION DECLARING THE PROPERTY LOCATED AT 1275 MITCHELL AVENUE AS EXEMPT SURPLUS LAND AND MAKING ASSOCIATED FINDINGS.
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5. Consideration of a Resolution Declaring the Property Located at 711 Montgomery Street as Exempt Surplus Land and Making Associated Findings
The City Council may consider approving a resolution declaring the City-owned property known as 711 Montgomery Street (APN 012-064-001) as Exempt Surplus Land and making associated findings. This resolution is to declare the property as “exempt surplus land” appropriate for disposition for affordable housing development pursuant to Government Code Section 54221 (f)(1)(A), and to make certain findings regarding the sale of the parcel pursuant to Government Code Section 37364.

ACTION REQUESTED - ADOPT RESOLUTION NO. 9201 - A RESOLUTION DECLARING THE PROPERTY LOCATED AT 711 MONTGOMERY STREET AS EXEMPT SURPLUS LAND AND MAKING ASSOCIATED FINDINGS.

6. Amendment to the Sub-Recipient Agreement Number 3437 with the Oroville Rescue Mission for Direct Services and Housing Under Encampment Resolution Funding, American Rescue Plan Act Funding and Other State and Federal Funding The City Council may consider amending the Sub-recipient Agreement No. 3437 with the Oroville Rescue Mission to provide direct services and housing associated with the Mission Esperanza project, while utilizing Encampment Resolution Funding (ERF), American Rescue Plan Act (ARPA) Funding and other state and federal grant funding.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9200 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDED SUB-RECIPIENT

AGREEMENT WITH THE OROVILLE RESCUE MISSION TO INCREASE THE AMOUNT BY $612,526.00 AND TO EXTEND THE AGREEMENT TO APRIL 30, 2027, TO PROVIDE DIRECT SERVICES AND HOUSING IN RELATION TO THE ENCAMPMENT RESOLUTION FUNDING – (Agreement No. 3437-1), AS WELL AS AMERICAN RESCUE PLAN ACT (ARPA) AND OTHER STATE AND FEDERAL FUNDING.

7. Warming and Cooling Center Agreement
Agreement with the Rescue Mission (Mission) to provide space as a seasonal warming and cooling center during days and nights when temperatures are at unhealthy levels for those with no access to shelter.

ACTION REQUESTED -

APPROVE A TWO-YEAR AGREEMENT WITH THE MISSION TO OPERATE A

WARMING AND COOLING CENTER TO PROVIDE A HEALTH AND SAFETY BENEFIT FOR THE UNHOUSED.

8. 2024 City of Oroville Meeting Schedule
The Council may consider adopting a meeting schedule for the 2024 calendar year.

ACTION REQUESTED -
APPROVE THE PROPOSED CITY OF OROVILLE 2024 MEETING SCHEDULE 4 December 05, 2023~ 3:30 PM Oroville City Council Meeting Agenda Page 5 of 7

REGULAR BUSINESS
HYPERLINK "appIS5ea22e2e6b734200bfc347708789f4cc" HYPERLINK "appISd9f47b2f1a4042d6a8f607f16a33ca64"9. Approval of New Logo City Council consideration of a new logo as approved with community participation.

ACTION REQUESTED -

APPROVE THE LOGO AS PRESENTED IN ATTACHMENT A

10. Approval of Commercial Purchase Agreement and Joint Escrow Instructions The City Council authorized staff to enter into negotiations related to a new site for relocation of the corporation yard. Staff has tentatively agreed with a property owner for the purchase of a site suitable for the City’s needs. The Council will consider approval of the commercial purchase agreement and joint escrow instructions for the property located at 655 Cal Oak Road in Oroville (“Property”) which is currently the site of Endeavor Homes, Inc.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9197 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A COMMERCIAL PURCHASE

AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF OROVILLE AND ENDEAVOR HOMES, INC.

11. Presentation of Airport Update and Request to Modify Contract Between the City of Oroville and JenCo Aviation
Staff will provide an update as requested by City Council, on the status of the airport for 2023 including timeline for upcoming projects, potential for growth opportunities and Jennifer Anderson, DBA JenCo Aviation, will provide an update on operations of the FBO at Oroville Airport.

Additionally, Council is requested to approve changes to the contract between JenCo Aviation and the City of Oroville following a review of the contract by staff and City Attorney.

ACTION REQUESTED -

APPROVE THE CHANGES TO THE CONTRACT BETWEEN JENCO AVIATION AND THE

CITY OF OROVILLE TO INCLUDE ALL UTILITIES AT FBO, THE STIPEND FOR THE FUEL

TRUCK, AND COSTS ASSOCIATED WITH MAINTENANCE OF THE PORTION OF THE TRUCK THAT DISPENSES FUEL TO JET AIRCRAFT.

12. City Participation in the Statewide Community Infrastructure Program (SCIP) and Bond Opportunities for Land Development (BOLD) Programs
The City Council will consider entering into a Joint Power Agreement (JPA) with two agencies in order to provide developers access to pooled bond opportunities which will provide low-cost financing for infrastructure improvements and impact fees.

ACTION REQUESTED -

DIRECT STAFF TO RETURN TO COUNCIL DURING A FUTURE MEETING TO HOLD A

PUBLIC HEARING AND APPROVE A RESOLUTION TO PARTICIPATE, AND PROVIDE AUTHORIZATION TO ENTER INTO A JPA WITH THE CSCDA AND THE CMFA AGENCIES. 5 December 05, 2023~ 3:30 PM Oroville City Council Meeting Agenda Page 6 of 7

13. Options for Filling Vacant Treasurer Position
With the untimely passing of Karolyn Fairbanks, the position of City Treasurer became vacant. (Government Code section 1770.) Pursuant to Government Code Section 36512, the City Council may select the process by which the vacancy may be filled.

ACTION REQUESTED -

THE COUNCIL HAS THE OPTION TO MAKE A PROVISIONAL APPOINTMENT OR TO ORDER A SPECIAL ELECTION. IF THE COUNCIL DESIRES TO MAKE A PROVISIONAL

APPOINTMENT, THE COUNCIL SHOULD DETERMINE THE DEADLINES AND A TIMELINE FOR THE PROVISIONAL APPOINTMENT.

14. Approval of Software Payroll Contract
The City Council may consider a new payroll software contract with Tyler Technologies.

ACTION REQUESTED -

APPROVE THE MAYOR TO SIGN THE QUOTE FOR SERVICES FROM TYLER TECHNOLOGIES FOR PAYROLL AND HUMAN RESOURCE SOFTWARE.

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]

15. Feather River Recreation and Park District Nexus Fee Study and Proposed Fee Increases The Council may consider adopting the Feather River Recreation and Park District Park Impact Fee Nexus Study along with an eight-year phased in approach to implement the new Park impact fees.

ACTION REQUESTED -

ADOPT THE FEATHER RIVER RECREATION AND PARK DISTRICT IMPACT FEE NEXUS STUDY;

ADOPT RESOLUTION IMPLEMENTING THE NEW FEE SCHEDULE, PHASED IN OVER THE NEXT EIGHT YEARS; AND
6 December 05, 2023~ 3:30 PM Oroville City Council Meeting Agenda Page 7 of 7 AMEND SECTION 3.32.115 OF THE CITY MUNICIPAL CODE.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on December 19, 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. 7 City of Oroville
Resolution No. 9203
WHEREAS, it is with deep sorrow and a profound sense of loss that we, the members of the Oroville City Council, acknowledge the passing of our esteemed colleague, Karolyn Fairbanks, who served with unwavering dedication as a City Council Member; Vice Mayor; City Treasurer, and so much more.

WHEREAS, Karolyn Fairbanks, a woman of indomitable spirit and boundless compassion, dedicated a significant portion of her life to public service, tirelessly advocating for the well-being of our community; and
WHEREAS, during her tenure on the City Council, Karolyn demonstrated exemplary leadership, a keen understanding of the issues facing our community, and an unyielding commitment to fostering positive change; and
WHEREAS, as Vice Mayor, Karolyn brought a unique blend of intelligence, grace, and humility to her role, earning the respect and admiration of her colleagues, City staff, and constituents alike; and WHEREAS, Karolyn's legacy is etched in the work she championed, the projects she supported, and the countless lives she touched through her selfless service; and WHEREAS, her passion for community building extended beyond the confines of City Hall, as Karolyn was actively involved in various local organizations and initiatives aimed at enhancing the quality of life for all residents; and
WHEREAS, the loss of Karolyn Fairbanks leaves an irreplaceable void in our hearts and in the fabric of our community, as we remember her not only as a dedicated public servant, but also as a cherished friend and advocate for justice, equity, and progress;
NOW, THEREFORE, BE IT RESOLVED, that the Oroville City Council extends its deepest condolences to the family, friends, and loved ones of Karolyn Fairbanks, expressing our gratitude for sharing her with us and acknowledging the profound impact she made on the lives of those she served; and BE IT FURTHER RESOLVED, that this resolution be entered into the official records of the Oroville City Council, a lasting tribute to the memory of Karolyn Fairbanks and a reminder of the enduring legacy of her contributions to our community.

PASSED AND ADOPTED by the Oroville City Council, on this 5 th day of December, 2023.

AYES:

NOES:

ABSTENTION:

ABSENT:
8 Item 1.

Attest:
___________________________ __________________________
Kayla Reaster, Asst. City Clerk David Pittman, Mayor
City of Oroville
9 Item 1.

November 07, 2023~3:30 PM Oroville City Council Meeting Minutes Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
November 07, 2023

MEETING MINUTES
This meeting was recorded live and can be viewed at cityoforoville.org or on Youtube. The agenda was posted on November 3, 2023 at 4:00PM

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; 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 employment related to the following position: Assistant Police Chief.

3. Pursuant to Government Code section 54956.9(d)(2), the Council will meet with the City Administrator and City Attorney regarding potential exposure to litigation – One case.

4. Pursuant to Government Code section 54956.9(d)(4), the Council will meet with the City Administrator and City Attorney regarding potential initiation of litigation – One case.

5. Pursuant to Government Code section 54956.8, the Council will meet with Real Property Negotiators, City Administrator and City Attorney, regarding the following property: APN 012-190-021-000.

OPEN SESSION

1. Announcement from Closed Session – Mayor Pittman stated that information was received, direction was given, and no reportable action was taken.

2. Pledge of Allegiance – Led by Brooklyn French, Envy Rivera, and Rylee Murray - students at Ophir Elementary School.
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3. Adoption of Agenda – Motioned by: Vice Mayor Smith Seconded by: Council Member Riggs The City Council adopted the agenda by the following unanimous vote:

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

PRESENTATIONS AND PROCLAMATIONS
Mayor Pittman read Resolution 9191 recognizing the five-year anniversary of the 2018 Camp Fire. The City Council passed the resolution with the following unanimous vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted public comment on this item: Bryan Williams; Linda Draper; James Whittaker; Amy Finkenkeller; and Bill Speer

REPORTS / DISCUSSIONS

1. Council Announcements and Reports
A. Mayor Pittman: Provided an update on BCAG.

B. Council Member Riggs: Spoke on Small Business Saturday, reminded those in attendance that it is due to take place on Saturday, November 18, 2023.

2. Administration Reports
A. Brian Ring, City Administrator, provided a Charter Review update to Council. He also spoke on a Library Tax.

B. Bill LaGrone, Police Chief, spoke on the security trailer by the Oroville Inn and how it’s use is assisting the City.

C. Patrick Piatt, Community Development Director, spoke on the upcoming event at the Southside Community Center. He stated the public was welcome to come and participate in the workshop.

D. Fred Mayo, Public Works Director, spoke on the traffic speed and study results regarding school zones.

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

Motioned: Council Member Riggs Seconded: Council Member Thomson 11 Item 1.

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1. Approval of the October 17, 2023 Oroville City Council Meeting Minutes The Council approved the Minutes of October 17, 2023 by the following unanimous vote:

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

2. Approval to Submit to the Department of Resources Recycling and Recovery (CalRecycle) an Application for a SB 1383 Local Assistant Grant in the Amount of $75,000 and Execute All Necessary Grant Related Documents The Council adopted Resolution No. 9192 – approval to submit to the Department of Resources Recycling and Recovery (CalRecycle) an application for SB 1383 Local Assistance Grant 24932 in the amount of $75,000 by the following unanimous vote:

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

3. Oroville Arts Commission Art Beautification NOFA Award The Council approved the Arts Commission recommendation; and adopted Resolution No. 9193 - A resolution of the Oroville City Council authorizing and directing the Mayor to execute grant agreements relating to the Oroville Arts & Beautification projects by the following unanimous vote:

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

4. Amend Permanent Local Housing Allocation (PLHA) Resolution No. 8889 The Council adopted Resolution No. 8889.1 - A resolution to amend Resolution No. 8889 of the City Council of the City of Oroville, California authorizing the application, and receipt of, PLHA Planning Grant program fund by the following unanimous vote:

AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None
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5. Safety Assessment Placarding Ordinance
The City Council:
1) Introduced an Ordinance adding Chapter 15.98 to the Oroville Municipal Code regarding safety assessment placards; 2) Waived the first reading of the ordinance; and, 3) Directed the assistant city clerk to publish the ordinance within 15 days after adoption by the following unanimous vote:

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

6. Job Descriptions for Oroville Managers Association to Include a Substitution Clause for Flexibility in Hiring
The City Council approved the attached job descriptions to include substitution language for meeting the minimum qualifications by the following unanimous vote:

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

REGULAR BUSINESS

7. Resolution Relating to the Continuation of Status Quo Benefits for Police Lieutenants and Battalion Chiefs When Changing Bargaining Units The City Council adopted Resolution No. 9194 by the following unanimous vote:

Motioned: Council Member Goodson Seconded: Council Member Riggs AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

8. Licensing Agreement to Join the Butte Regional Interoperable Communication System
The Council authorized and directed the Mayor to sign a licensing agreement to join the Butte Regional Interoperable Communication System for public safety radio infrastructure by the following unanimous vote:

Motioned: Council Member Goodson Seconded: Council Member Riggs AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None
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9. Table Mountain Golf Club, Inc. Request for Improvements The Council approved the request to remodel two bathrooms and build two bocce ball courts at Table Mountain Golf Club by the following unanimous vote:

Motioned: Council Member Goodson Seconded: Council Member Riggs AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None
The following member(s) of the public submitted public comment on this item: Jerome Johnson; Ron Whaler; and Janice White.

10. Historic Preservation Award program of the Oroville Historic Advisory Commission
The City Council adopted Resolution No. 9196 authorizing and directing the Oroville Historic Advisory Commission to administer the Annual Historic Preservation Award by the following unanimous vote:

Motioned: Council Member Goodson Seconded: Council Member Riggs AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

11.Oroville Convention Center Operations Discussion
The City Council directed the item back to staff with direction to work with the YMCA and Feather River Recreation and Park District. From there, the staff will bring the findings to the Executive Committee who will then review them and offer a suggestion to the City Council for a recommended action.

The following member(s) of the public submitted public comment on this item: Brian Wong; Sarah Pierce; Cayndis Adams; TJ Jensen; Audrey Holt; and Barbara Williams.

12. Authorization to Issue a Request for Proposals to Strategize and Implement a City of Oroville Campaigns for Community Development
The Council provided direction to staff to continue the process until December 2023/January 2024.Until then, the committee involved in the design process will continue to meet and host community events to gather input on the topic.

The following member(s) of the public submitted public comment on this item: Audrey Holt and Bill Speer.
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13. Financial Analysis for Fiscal Year Ended June 30, 2023 The Council received the Financial Analysis report for the Fiscal Year Ended June 30, 2023 for information.

14. Fee Waiver From Just Send it Cornhole
The Council voted unanimously to waive a portion of the fees to match the previous rate of $30 per event for Just Send It Cornhole.

Motioned: Council Member Thomson Seconded: Council Member Goodson AYES: Johnstone, Riggs, Thomson, Goodson, Webber, Smith, Mayor Pittman NOES: None
ABSTAIN: None
ABSENT: None

15. Second Regularly Scheduled Meeting in November 2023 City Council unanimously directed staff to cancel the second Council meeting in November (November 21, 2023).

Motioned: Council Member Johnstone Seconded: Council Member Goodson

PUBLIC HEARINGS
There were no public hearings at this meeting.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items – Council Members Thomson, Webber, and Johnstone requested staff bring back an agenda item on the possibility of putting speed humps in school zones.

2. Correspondence
. Fire Department Statistics Package
. Police Department Monthly Report for September 2023
. Table Mountain Golf Club, Letter of Request
. Correspondence Butte Co Mosquito & Vector Control District . Department of Alcoholic Beverage Control- correspondence 15 Item 1.

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ADJOURN THE MEETING
The meeting adjourned at 8:23PM.

ATTESTED: APPROVED:
_________________________________ _____________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 16 Item 1.

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CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

TROVER CONSTRUCTION PROJECT MANAGEMENT LLC TO EXTEND
EXPIRATION DATE RELATED TO 20-CDBG-12067
DATE: DECEMBER 5, 2023

SUMMARY
The City Council may consider amending Professional Services Agreement with Trover Construction Project Management LLC to perform owner-occupied rehabilitation contractor services for the City of Oroville Housing Rehabilitation Program to extend the expiration date of the agreement. The grant expenditure deadline is May 31, 2024, therefore staff would like to extend the agreement with Trover Construction Project Management LLC to align with the grant. Additionally, Trover Construction Project Management has been assisting the City with First Time Homebuyer inspections.

DISCUSSION
The Council may consider amending Professional Services Agreement No. 3396-1 for owneroccupied rehabilitation contractor services for the City of Oroville Housing Rehabilitation Program. The following is an example of the types of services that the Contractor provides:
 Conduct a project evaluation of the applicant’s property  Prepare Work Write-up
 Conduct Bid Walk-Thru
 Conduct and attend Bid Opening
 Perform as liaison to work with selected general contractors, homeowner, and city staff  Conduct Progress Payment Inspections
 Submit Progress Payment Requests to Housing staff for processing  Obtain Permits
 Schedule or perform necessary inspections (Lead-based paint inspections, city inspections)
 Ensure all projects comply with current California Building Code Requirements  Sign off on Project Completion
 Conduct Building Code Compliance and Health and Safety Inspections for applicants of the City’s First Time Homebuyer Program.
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Other Services, as needed.

Their fee schedule is as follows:
 Trover Construction Project Management LLC - $130.00 per hour average (not to exceed $165.00 per hour).
 Schedule breakdown:
o Project Manager $165.00 per hour
o Assistant Project Manager $145.00 per hour
o Project Engineer/Coordinator $120.00 per hour
The agreement was for a period of two (2) years, expiring on December 21, 2023. Staff is seeking authorization from the Council to extend the agreement with Trover Construction Project Management LLC, to May 31, 2024, to ensure that the City’s Owner-Occupied Rehabilitation Program may continue to service the targeted population until the grant expenditure deadline as well as assist with inspections for the City’s First Time Homebuyer Program.

FISCAL IMPACT
No General Fund impact. Funding will be provided from Community Development Block Grant (CDBG) 20-CDBG-12067 Account No. 2222220-6360-12067AD.

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

AUTHORIZING AND DIRECTING THE MAYOR TO AMEND A PROFESSIONAL SERVICES

AGREEMENT WITH TROVER CONSTRUCTION PROJECT MANAGEMENT LLC TO PROVIDE PROGRAM SERVICES THROUGH DECEMBER 31, 2024 (Agreement No. XXXX)

ATTACHMENTS
A – Resolution No. XXXX
B – Agreement No. XXXX
18 Item 2.

AGREEMENT FOR REHAB CONTRACTOR SERVICES
Agreement No. 3484
This Agreement is made and entered into as of December 5, 2023, by and between the City of Oroville (“City”) and Trover Construction Project Management LLC (“Consultant”).

RECITALS

1. Consultant is specially trained, experienced and competent in various trades to serve as "Rehab Contractor" for the City of Oroville's Owner-occupied Rehabilitation Program. Consultant possesses the skills, experience, ability, license, background and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

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

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following types of services in a professional manner:
 Conduct project evaluation of property
 Prepare work write-up
 Conduct bid walk-thru
 Conduct and attend bid opening
 Perform as a Liaison to work with the selected general contractor, homeowner and City staff.
 Conduct Progress Payment inspections
 Submit Progress Payment Requests to Housing staff on behalf of the selected contractor
19 Item 2.
 Obtain permits
 Order termite and lead based paint inspections/reports  Ensure all projects comply with current California Building Code  Sign off on project Completion
 Schedule inspections with City Building Department, as required  Sign off on project completion
 Conduct First Time Homebuyer Inspections and re-inspections  Other services, as needed.

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until December 31, 2024.

3. Compensation. Compensation to be paid to Consultant shall be $130.00 per hour average (not to exceed $165.00 per hour), or on a pre-determined fee for certain jobs. A fee schedule is as follows: Project Manager $165.00 an hour, Assistant Project Manager $145.00 an hour, Project Engineer/Coordinator $120.00 an hour. In no event shall Consultant’s compensation exceed the amount of $50,000 for the period of this agreement without additional written authorization from the City.

Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit billings every two weeks to City describing the work performed during the preceding two weeks while on a project, or consultant may submit one request for payment when the project is complete.

Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a 20 Item 2.
description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.  Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents 21 Item 2.
or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, 22 Item 2.
to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.

1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of four (4) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address 23 Item 2.
indicated for receipt of notices in this Agreement.

4. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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

11. Interest of Consultant. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real 24 Item 2.
property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:

1. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and

2. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Consultant under this Agreement shall be under the supervision of Department of Business Assistance/Housing Development in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, 25 Item 2.
qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are required by the City for its business.

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

16. Insurance Requirements.

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

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: Brian Ring, City Administrator
c/o Amy Bergstrand
26 Item 2.

City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Trover Construction Project Management LLC 974 Forest Avenue
Chico, CA 95928

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

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

19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by 27 Item 2.
law.

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

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

22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte.

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

24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor in interest. AAA shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by AAA and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
28 Item 2.

25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto.

In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

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

28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, 29 Item 2.
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

CITY OF OROVILLE Trover Construction Project Management LLC
By: ___________________________ By:_____________________________ David Pittman, Mayor
Title: Independent Contractor _____
Business License #: 1081347
APPROVED AS TO FORM: ATTEST:

By: ____________________________ By:_____________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk Attachments: Exhibit A – CDBG Rehabilitation Program Guidelines Exhibit B -- Insurance Requirements
30 Item 2.

CITY OF OROVILLE
RESOLUTION NO. 9202

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO AMEND A PROFESSIONAL SERVICES AGREEMENT WITH TROVER

CONSTRUCTION PROJECT MANAGEMENT LLC TO PROVIDE REHABILITATION

CONTRACTOR SERVICES FOR THE OWNER-OCCUPIED REHABILITATION PROGRAM THROUGH DECEMBER 31, 2024.
(Agreement No. 3484)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to amend a professional agreement with Trover Construction Project Management LLC to provide owner-occupied rehabilitation contractor services through December 31, 2024.

A copy of the agreement is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on December 5, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _______________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 31 Item 2.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: KAYLA REASTER, ASSISTANT CITY CLERK
RE: LETTER OF SUPPORT FOR STATE PARKS OEP GRANT
DATE: DECEMBER 5, 2023

SUMMARY
Feather River Recreation and Park District (FRRPD) is kindly requesting the City of Oroville’s assistance in supporting their application for the State Parks Outdoor Equity Program Grant by writing and executing a letter of support.

DISCUSSION
The scope of the application, requesting an amount at or near $700,000 over three years, is both ambitious and necessary to address the diverse needs of our community's children. The proposed program encompasses a well-rounded set of activities that blend educational, recreational, and environmental experiences. These include:

1. Indoor STEM Activities: These educational programs are crucial for fostering curiosity, critical thinking, and a love for science and technology among young learners.

2. Pool Swim and Mini Sports Leagues and Camps: Physical activities are essential for the development of healthy bodies and minds. These activities will encourage teamwork, discipline, and a spirit of healthy competition.

3. Nature-Based Activities: The inclusion of day and overnight rafting tours, overnight family camping, and spawning tours during the Salmon Festival is particularly exciting.

These activities will not only provide fun and adventure but also instill a deep appreciation for our natural environment and local ecology.

FISCAL IMPACT
None.

RECOMMENDATION
Approve letter and authorize the Mayor to sign.
32 Item 3.

Page 2 ends

ATTACHMENTS
Letter of Support for State Parks OEP Grant
33 Item 3.

November 30, 2023 Page 1
“Oroville – California's best opportunity for a safe and diverse quality of life” City of Oroville

OFFICE OF THE CITY COUNCIL
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2535 FAX (530) 538-2468
www.cityoforoville.org
December 5, 2023
To Whom It May Concern,
Subject: Letter of Support for Feather River Recreation and Park District's (FRRPD) Application to the California State Parks Outdoor Equity Grant
I am writing on behalf of the City of Oroville to express our enthusiastic support for the Feather River Recreation and Park District’s (FRRPD) application for the California State Parks Outdoor Equity Grant. FRRPD’s proposal to utilize the grant funding for a comprehensive summer camp program for children aged 5-14 in the Oroville community is a commendable initiative that promises to bring significant benefits to our youth and the broader community.

The scope of the application, requesting an amount at or near $700,000 over three years, is both ambitious and necessary to address the diverse needs of our community's children. The proposed program encompasses a well-rounded set of activities that blend educational, recreational, and environmental experiences. These include:

1. Indoor STEM Activities: These educational programs are crucial for fostering curiosity, critical thinking, and a love for science and technology among young learners.

3. Nature-Based Activities: The inclusion of day and overnight rafting tours, overnight family camping, and spawning tours during the Salmon Festival is particularly exciting.

These activities will not only provide fun and adventure but also instill a deep appreciation for our natural environment and local ecology.

The City of Oroville recognizes the vital role that programs like this play in the holistic development of children. They provide invaluable opportunities for learning, personal growth, and the development of social skills. We believe that FRRPD's proposed summer camp will not only be a fun and educational resource for the children but also a vital investment in the future of our community. We fully support FRRPD's application for this grant and are excited about the potential impact this program could have on the Oroville community. We look forward to seeing the positive changes and growth that this funding will facilitate.

David W. Pittman
City Council Member
34 Item 3.

November 30, 2023 Page 2
“Oroville – California's best opportunity for a safe and diverse quality of life” Thank you for considering this application. We hope you will recognize the value and potential of this proposal and provide the necessary support to bring it to fruition.

Sincerely, _________________________________ David Pittman, Mayor City of Oroville
(530) 538-2535
35 Item 3.

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR BUSINESS ASSISTANCE/HOUSING

DEVELOPMENT
DAVID G. RITCHIE, ASST. CITY ATTORNEY
RE: CONSIDERATION OF A RESOLUTION DECLARING THE PROPERTY LOCATED AT 1275 MITCHELL AVENUE AS EXEMPT SURPLUS LAND

AND MAKING ASSOCIATED FINDINGS
DATE: DECEMBER 5, 2023

SUMMARY
The City Council may consider approving a resolution declaring the City-owned property known as 1275 Mitchell Avenue (APN 035-250-002) as Exempt Surplus Land and making associated findings.

This resolution is to declare the property as “exempt surplus land” appropriate for disposition for affordable housing development pursuant to Government Code Section 54221 (f)(1)(A), and to make certain findings regarding the sale of the parcel pursuant to Government Code Section 37364.

DISCUSSION
City-owned property (APN 035-250-002) is a newly created 3.91-acre parcel planned for a 2-phase extremely low and very-low income veteran’s housing project, totaling sixty (60) housing units. In November of 2019, Council approved an Exclusive Negotiating Agreement (ENA) with Veteran’s Housing Development Corporation (VHDC) for a disposition of the property. In January of 2022, the City Council approved additional resolutions extending the ENA, creating a new parcel for the project, transferring the parcel to VHDC and providing a loan in the amount of $1,750,000 to assist with the development of the project.

Government Code Section 52441(f)(1)(A) allows surplus land to be declared as exempt from the Surplus Land Act if that land is to be disposed of by a city for purposes of development of affordable housing and such disposal is completed in a manner consistent with Government Code Section 37364. In order to satisfy the requirements for such declaration that the property is exempt surplus land, the City Council must make certain findings. These findings must include that the property can be used to provide affordable housing to persons and families of low and moderate income as defined in 36 Item 4.

Section 50093 of the Health and Safety Code, and that the disposition of the property and use for affordable housing is in the City’s best interests. The City may then dispose of the property for that purpose at less than fair market value and under conditions that the City deems to be best suited to the provision of such housing.

FISCAL IMPACT
No General Fund Impact

RECOMMENDATIONS

1. Adopt Resolution No. ______ - A RESOLUTION DECLARING THE PROPERTY LOCATED AT 1275 MITCHELL AVENUE AS EXEMPT

SURPLUS LAND AND MAKING ASSOCIATED FINDINGS

ATTACHMENTS

1. Resolution

2. Mitchell Corp Yard Alta
37 Item 4.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9199
A RESOLUTION DECLARING THE PROPERTY LOCATED AT 1275 MITCHELL

AVENUE AS EXEMPT SURPLUS LAND AND MAKING ASSOCIATED FINDINGS WHEREAS the City of Oroville owns a 3.91 Acre property located at 1275 Mitchell Avenue, APN 035-250-002; and
WHEREAS the City has explored the use of the property for providing affordable housing through an Exclusive Negotiating Agreement with the Veteran’s Housing Development Corporation; and
WHEREAS the State Legislature, in Government Code Section 37364 reaffirmed its finding that provision of housing for all Californians is a concern of vital statewide importance; and
WHEREAS Section 37364 further authorizes a City, notwithstanding a City Charter or other provision of law, to sell, lease, exchange, quitclaim, convey, or otherwise dispose of the real property at less than fair market value to provide that affordable housing and under whatever terms and conditions the City deems best suited to the provision of such housing; and
WHEREAS Government Code Section 54221(f)(1)(A) authorizes a City to declare property to be disposed of pursuant to Section 37364 as “Exempt Surplus Land”; now BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The City Council of the City of Oroville finds that the 3.91 Acre parcel owned by the City and located at 1275 Mitchell Avenue can be used to provide housing affordable to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code

2. The City Council of the City of Oroville finds that the use of the property for provision of affordable housing is in the best interests of the City and its citizens.

3. That the City Council of the City of Oroville declares the 3.91 Acre parcel located at 1275 Mitchell Avenue in the City of Oroville, CA as “Exempt Surplus Land” pursuant to Government Code section 54221(f)(1)(A).

4. That the City Council of the City of Oroville, hereby authorizes and directs staff to take all steps necessary and required to proceed 38 Item 4.
with disposition of the property for purposes of providing affordable housing in compliance with Government Code Section 37364; and to bring forth the agreement for purchase and sale or otherwise for disposal of the property to the City Council for final approval.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on December 5, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 39 Item 4.

ALTA/NSPS LAND TITLE SURVEY
5/22/2020
40 Item 4.

ALTA/NSPS LAND TITLE SURVEY
41 Item 4.
42 Item 4.

ADMINISTRATION 1 06.02.2020

OROVILLE CITY COUNCIL

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
DAVID G. RITCHIE, ASST. CITY ATTORNEY
RE: CONSIDERATION OF A RESOLUTION DECLARING THE PROPERTY LOCATED AT 711 MONTGOMERY STREET AS EXEMPT SURPLUS

LAND AND MAKING ASSOCIATED FINDINGS
DATE: DECEMBER 5, 2023

SUMMARY
The City Council may consider approving a resolution declaring the City-owned property known as 711 Montgomery Street (APN 012-064-001) as Exempt Surplus Land and making associated findings.

DISCUSSION
City-owned property (APN 012-064-001) known as 711 Montgomery is the location for a an approved Tentative Subdivision Map (TSM 20-02) with a planned development overlay for 12 Units of Affordable Veteran’s Housing occupied by extremely-low to low-income veteran owners after being developed by the Veterans Housing Development Corporation. Previously the City approved City of Oroville Ordinance No. 1852, that rezoned this parcel from C-2 to R-3 High Density Residential. The .64 Acre property is planned for development in 4 phases with landscaping and is located in the Downtown Historic Overlay District as reflected in the May 6, 2021 Letter of Approval from the City.

In November of 2019, Council approved an Exclusive Negotiating Agreement (ENA) with Veteran’s Housing Development Corporation (VHDC)for the disposition of the property.

In January of 2022, the City Council approved an additional resolution extending the ENA to January 2023.

Government Code Section 52441(f)(1)(A) allows surplus land to be declared as exempt from the surplus land Act if that land is to be disposed of by a city for purposes of 43 Item 5.

ADMINISTRATION 2 06.02.2020
development of affordable housing and such disposal is completed in a manner consistent with Government Code Section 37364. In order to satisfy the requirements for such declaration that the property is exempt surplus land, the City Council must make certain findings. These findings must include that the property can be used to provide affordable housing to persons and families of low and moderate income as defined in Section 50093 of the Health and Safety Code, and that the disposition of the property and use for affordable housing is in the City’s best interests. The City may then dispose of the property for that purpose at less than fair market value and under conditions that the City deems to be best suited to the provision of such housing.

FISCAL IMPACT
No General Fund Impact

RECOMMENDATIONS

1. Adopt Resolution No. ______ - A RESOLUTION DECLARING THE PROPERTY LOCATED AT 711 MONTGOMERY STREET AS EXEMPT

SURPLUS LAND AND MAKING ASSOCIATED FINDINGS

ATTACHMENTS

1. Resolution,

2. Map
44 Item 5.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9201
A RESOLUTION DECLARING THE PROPERTY LOCATED AT 711 MONTGOMERY

STREET AS EXEMPT SURPLUS LAND AND MAKING ASSOCIATED FINDINGS WHEREAS the City of Oroville owns a 0.64 Acre property located at 711 MONTGOMERY STREET, APN 012-064-001; and
WHEREAS the City has explored the use of the property for providing affordable housing through development of a 12-unit Veteran’s Housing Project by the Veteran’s Housing Development Corporation; and
WHEREAS the State Legislature, in Government Code Section 37364 reaffirmed its finding that provision of housing for all Californians is a concern of vital statewide importance; and
WHEREAS Section 37364 further authorizes a City, notwithstanding a City Charter or other provision of law, to sell, lease, exchange, quitclaim, convey, or otherwise dispose of the real property at less than fair market value to provide that affordable housing and under whatever terms and conditions the City deems best suited to the provision of such housing; and
WHEREAS Government Code Section 54221(f)(1)(A) authorizes a City to declare property to be disposed of pursuant to Section 37364 as “Exempt Surplus Land”; now BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The City Council of the City of Oroville finds that the 0.64 Acre parcel owned by the City and located at 711 Montgomery Street can be used to provide housing affordable to persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code.

2. The City Council of the City of Oroville finds that the use of the property for provision of affordable housing is in the best interests of the City and its citizens.

3. That the City Council of the City of Oroville declares the 0.64 Acre parcel located at 711 Montgomery Street in the City of Oroville, CA as “Exempt Surplus Land” pursuant to Government Code section 54221(f)(1)(A).

4. That the City Council of the City of Oroville, hereby authorizes and directs staff to take all steps necessary and required to proceed 45 Item 5.
with disposition of the property for purposes of providing affordable housing in compliance with Government Code Section 37364; and to bring forth the agreement for purchase and sale or otherwise for disposal of the property to the City Council for final approval.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on December 5, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 46 Item 5.
47 Item 5.
48 Item 5.

Page 1 ends

CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: AMENDMENT TO THE SUB-RECIPIENT AGREEMENT NUMBER 3437

WITH THE OROVILLE RESCUE MISSION FOR DIRECT SERVICES AND

HOUSING UNDER ENCAMPMENT RESOLUTION FUNDING, AMERICAN

RESCUE PLAN ACT FUNDING AND OTHER STATE AND FEDERAL

FUNDING
DATE: DECEMBER 5, 2023

SUMMARY
The City Council may consider amending the Sub-recipient Agreement No. 3437 with the Oroville Rescue Mission to provide direct services and housing associated with the Mission Esperanza project, while utilizing Encampment Resolution Funding (ERF), American Rescue Plan Act (ARPA) Funding and other state and federal grant funding.

DISCUSSION
In December 2021, City staff, in partnership with the Oroville Rescue Mission submitted a competitive application and was awarded $2,733,374.11 in Encampment Resolution Funding in October 2022 under Round 2 Lookback funds.

On December 6, 2022, City staff entered into a Sub-recipient Agreement with the Oroville Rescue Mission to provide direct services and housing under Encampment Resolution Funding.

On September 13, 2023, City received notification that the application that was submitted in June was funded under the 23-ERF-3-L funding cycle for the full amount of $1,730,450 which is the remaining funding needed to secure the project budget.

City Staff is requesting that the City Council consider extending the Oroville Rescue Mission’s agreement by an additional two years until April 30, 2027 to coincide with the grant term. Additionally, City staff is requesting to add an additional $612,526 to the Oroville Rescue Mission agreement to complete the extended work associated with the additional funding.
49 Item 6.

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FISCAL IMPACT
The additional funding will be provided from the Encampment Resolution Funding Grant, 23-ERF-3-L-00009, account number 1401600-23ERF3AD.

RECOMMENDATION
Adopt Resolution No. XXXX – A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDED SUBRECIPIENT AGREEMENT WITH THE OROVILLE RESCUE MISSION TO INCREASE THE AMOUNT BY $612,526.00 AND TO EXTEND THE AGREEMENT TO APRIL 30, 2027, TO PROVIDE DIRECT SERVICES AND HOUSING IN RELATION TO THE ENCAMPMENT RESOLUTION FUNDING – (Agreement No. 3437-1), AS WELL AS

AMERICAN RESCUE PLAN ACT (ARPA) AND OTHER STATE AND FEDERAL FUNDING.

ATTACHMENTS
A – Resolution No. XXXX
B – Agreement No. 3437-1
50 Item 6.
1 Administering Agency: City of Oroville
Contract No. A-3437-1 ,
This First Amendment to the Agreement between the City of Oroville and the Oroville Rescue Mission (“First Amendment”) in entered into by and between the City of Oroville, a municipal corporation (“Grantee”) and the Oroville Rescue Mission (“Subrecipient”). Grantee and Subrecipient may be referred to herein collectively as the “Parties”.

RECITALS
WHEREAS Grantee and Subrecipient entered into an Agreement on December 6, 2022, for Subrecipient to provide necessary housing and supportive services in support of the Encampment Resolution Funding (22-ERF-2-L-10006) (“Original Agreement”); and WHEREAS the Grantee has applied for and received funds from the California Business, Consumer Services and Housing Agency under the third round of Encampment Resolution Funding (23-ERF-3-L-00009) which has extended the project term by an additional two years; and WHEREAS the project will have capital improvement and programmatic needs at the Mission Esperanza shelter which necessitate additional funding to support staffing costs, operational costs, and rapid rehousing assistance; and
WHEREAS both Grantee and Subrecipient agree that this agreement supports the coordinated efforts of both parties on the Mission Esperanza project regardless of funding source; and WHEREAS both Grantee and Subrecipient agree that funding for capital improvements takes priority over other program costs.

AGREEMENT
NOW THEREFORE, in consideration of the recitals contained herein, the Parties mutually agree to extend the agreement to April 30, 2027, and to increase the amount of the contract by $612,526, not to exceed One Million Nine Hundred and Two Thousand and Five Hundred Forty-One dollars ($1,902,541).

All of the terms and conditions not specifically modified amended by this First Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment as of the last date signed below.

CITY OF OROVILLE/GRANTEE:

By: ___________________________________ Date: ______________ Brian Ring, City Administrator
OROVILLE RESCUE MISSION/SUBRECIPIENT:

By: ___________________________________ Date: ______________ 51 Item 6.
2 Allan Dikes, Executive Director
52 Item 6.
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27 CITY OF OROVILLE
RESOLUTION NO. 9200

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO EXECUTE AN AMENDED SUB-RECIPIENT AGREEMENT WITH THE

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

1. The Mayor is hereby authorized and directed to execute an amended Subrecipient Agreement with the Oroville Rescue Mission to increase the agreement amount by $612,526 and to extend The agreement term to April 30, 2027, to provide direct services and housing in relation to the Encampment Resolution Funding (Agreement No. 3437-1), as well as American Rescue Plan Act (ARPA) and other state and federal funding; and

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on December 5, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 53 Item 6.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: WARMING AND COOLING CENTER AGREEMENT
DATE: DECEMBER 5, 2023

SUMMARY
Agreement with the Rescue Mission (Mission) to provide space as a seasonal warming and cooling center during days and nights when temperatures are at unhealthy levels for those with no access to shelter.

DISCUSSION
A warming and cooling center is a short-term emergency shelter that operates during periods of extreme high or low temperatures, or when a combination of certain levels of precipitation or wind chill become dangerously inclement. The paramount purpose is the prevention of death and injury from exposure to the elements and prevent conditions such as hypothermia, the risk for which is aggravated by factors such as age, alcohol consumption, and homelessness.

The City of Oroville and the Mission have had an agreement since 2020, whereby the City agrees to provide funding for the operation of a warming or cooling center on days when extreme weather conditions exist. The agreement states that the Mission will be open and available for those seeking shelter when temperatures drop below 40 degrees and it is raining or threatens to rain, and when winds are expected to exceed 15 MPH. The cost for this operation is $350.00 per day and invoiced monthly with a not to exceed cost of $20,000 annually.

FISCAL IMPACT
$350.00 per day, not to exceed $20,000 annually

RECOMMENDATION
54 Item 7.

Page 2 ends

Approve a two-year agreement with the Mission to operate a warming and cooling center to provide a health and safety benefit for the unhoused.

ATTACHMENTS

1. Agreement
55 Item 7.

AGREEMENT NO. XXXX

AGREEMENT FOR WARMING / COOLING CENTER

SERVICES
This Agreement is made and entered on _________, by and between the City of Oroville ("City") and the Oroville Rescue Mission ("Provider").

RECITALS
A. Provider is experienced and competent to provide services to the unhoused and underserved of the Oroville community for the City of Oroville as required by this Agreement; and
B Provider possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

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

AGREEMENT

1. Scope of Services. Provider shall perform the services described on the attached Exhibit A, hereto and incorporated herein by reference. Provider shall provide a safe and welcoming warming and cooling center for the Oroville community for the City of Oroville in the manner specified in Exhibit A subject to the direction of the City or its Administrator.

2. Time of Performance. The services of Provider are to commence upon execution of this Agreement and shall continue until Until December 31, 2025.

3. Compensation. Compensation to be paid to Provider shall be in accordance with the Schedule of Charges set forth in Exhibit 8, which is attached hereto and incorporated herein by reference. In no event shall Provider's 56 Item 7.

AGREEMENT NO. XXXX
compensation exceed the amounts of $20,000 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Provider's services, even if such defects were known to the
City at the time of payment.

4. Method of Payment. Provider shall submit monthly billings to City describing the work performed during the preceding month. Provider's bills shall include a brief description of the number of clients serviced, the date the services were performed. City shall pay Provider no later than 30 days after approval of the
monthly invoice by City staff.

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

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Provider shall be entitled to compensation for services properly performed up to the effective date of termination.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Provider, its officers, employees and agents and 57 Item 7.

AGREEMENT NO. XXXX
subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Provider for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Provider or to any other party. Provider shall, at Provider's expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Provider under this Agreement (ADocuments and Data@).

Provider shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Provider represents and warrants that Provider has the legal right to license any and all Documents and Data. Provider makes no such representation and warranty in regard to Documents and Data which may be provided to Provider by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written 58 Item 7.

AGREEMENT NO. XXXX
information, and other Documents and Data either created by or provided to Provider in connection with the performance of this Agreement shall be held confidential by Provider. Such materials shall not, without the prior written consent of City, be used by Provider for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Provider which is otherwise known to Provider or is generally known, or has become known, to the related industry shall be deemed confidential. Provider shall not use City's name or insignia, photographs relating to project for which Provider's services are rendered, or any publicity pertaining to the Provider's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Provider's Books and Records.
a. Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Provider to this Agreement. b. Provider shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for 59 Item 7.

AGREEMENTNO.XXXX
any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Provider's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Provider's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

8. Independent Contractor. It is understood that Provider, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Provider shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Provider hereby expressly waives any claim it may have to any such rights.

9. Interest of Provider. Provider (including principals, associates, and professional 60 Item 7.

AGREEMENTNO.XXXX
employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Provider's services hereunder. Provider further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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

10. Professional Ability of Provider. City has relied upon the professional training and ability of Provider to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Provider under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Provider's field of expertise.

11. Compliance with Laws. Provider shall use the standard of care in its profession to 61 Item 7.

AGREEMENT NO. XXXX
comply with all applicable federal, state and local laws, codes, ordinances and regulations.

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

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

14. Insurance Requirements.
a. Provider, at Provider's own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit AC@ attached hereto.

15. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be 62 Item 7.

AGREEMENT NO. XXXX
deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City:

If to Provider:

Brian Ring City of
Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
Allan Dykes
Rescue Mission
P.O. Box 2481
Oroville, CA 95965

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

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

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Provider. Assignments of any or all rights, duties or obligations of the Provider under this Agreement will be permitted only with the express prior written consent of the City. Provider shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Provider shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and 63 Item 7.

AGREEMENT NO. XXXX
subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

21. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte.

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

23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor in interest. AAA shall provide the parties with the names of five qualified mediators. 64 Item 7.

AGREEMENT NO. XXXX
Each party shall have the option to strike two of the five mediators selected by AAA and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

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

25. Authority to Enter Agreement. Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

26. Prohibited Interests. Provider maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Provider, to solicit or secure this Agreement. Further, Provider warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any 65 Item 7.

AGREEMENT NO. XXXX
present or anticipated material benefit arising there from.

27. Equal Opportunity Employment. Provider represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

City of Oroville Oroville Rescue Mission
_____________________________________ ___________________________________ David Pittman, Mayor Authorized Representative
_______________________________
Scott Huber, City Attorney
Attachments: Exhibit A: Scope of Services
Exhibit B: Schedule of Charges
Exhibit C: Insurance Requirements
66 Item 7.

AGREEMENT NO. XXXX
EXHIBIT A: SCOPE OF SERVICES
Warming Center
The agreement states that the Mission will be open and available for those seeking shelter when temperatures drop below 40 degrees and it is raining or threatens to rain, and when winds are expected to exceed 15 MPH.

Cooling Center
The Emergency Cooling Center is activated where weather forecasts show the temperature staying at or above 100 degrees Fahrenheit with no precipitation for 3 consecutive days.
67 Item 7.

AGREEMENT NO. XXXX
EXHIBIT B: SCHEDULE OF CHARGES
City will pay Provider $350 for each 24-hour period that the center is operational as a warming or cooling center as outlined in this agreement.

Invoices are to be delivered monthly and payments will be made within 30 days after receipt of billing. The annual billing shall not exceed $20,000. 68 Item 7.

AGREEMENT NO. XXXX
EXHIBIT C: INSUREANCE REQUIREMENTS
The provider shall provide proof of insurance in an minimum amount of $1,000,000.00. The provider shall ensure the City is named as an additional insured party
69 Item 7.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: KAYLA REASTER, ASSISTANT CITY CLERK
RE: 2024 CITY OF OROVILLE MEETING SCHEDULE
DATE: DECEMBER 5, 2023

SUMMARY
The Council may consider adopting a meeting schedule for the 2024 year.

DISCUSSION
City Council meetings are held on the first and third Tuesdays of each month, with the ability to alter the schedule by a majority vote. The meeting dates in July, November, and December may be altered now, or at a later date, to accommodate holiday breaks. The proposed 2024 City of Oroville Meeting Schedule is attached to this Staff Report for the Councils consideration.

FISCAL IMPACT
None.

RECOMMENDATION
Approve the proposed City of Oroville 2024 Meeting Schedule; or Provide Staff direction to modify the Meeting Schedule.

ATTACHMENTS
Draft City of Oroville Meeting Schedule
70 Item 8.

S M T W T F S S M T W T F S S M T W T F S
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S M T W T F S S M T W T F S S M T W T F S
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OCTOBER

JULY AUGUST SEPTEMBER
DRAFT 10.30.2023
Finance Committee (meets on an as needed basis)
Development & Public Facilities Committee (meets on an as needed basis) Regular Meetings - *Closed Session ** Open Session ***Public Hearings will be held at 5:15pm or later Park Commission (2nd Tuesday every other month at 5:15 p.m. ) Arts Commission (2nd Tuesday every other month at 4:00 p.m. ) City Council (1st and 3rd Tuesday of each month at 4:00 p.m.* AND 4:30 p.m**) Supplemental Benefits Fund Steering Committee (4th Wednesday of each quarter at 2 p.m) Citizens Oversight Committee (4th Tuesday of each quarter at 6:00) Executive Committee ( meets as needed)
Housing Loan Advisory Committee (2nd Tuesday of each month at 10:00 a.m.) Economic Development Loan Advisory Committee (meets on an as needed basis) Holiday
APRIL
CITY OF OROVILLE MEETING SCHEDULE - 2024

JANUARY FEBRUARY MARCH

MAY JUNE
Planning Commission (4th Thursday of each month at 6:00 p.m. 3rd Thursday Nov.)

NOVEMBER DECEMBER
71 Item 8.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: APPROVE NEW CITY OF OROVILLE BRANDING LOGO
DATE: DECEMBER 5, 2023

SUMMARY
Council consideration of a new City of Oroville branding logo as approved with community participation.

DISCUSSION
Logos are used as an identifier for organizations that wish to be recognized not by name only, but by an image that draws attention. On September 5, 2023, Council directed staff and the ad hoc creative committee to explore a new logo for the City of Oroville with community participation that would be used by staff for marketing and outreach to promote the City’s abundance of opportunities.

The approach taken by the ad hoc committee was to engage the community by first requesting public opinion through a series of surveys. The initial survey posted on September 21, 2023, used various logo styles and requested that participants choose two out of the styles presented. in this survey vote on a style that would be used to move forward. Two “badge” style logos received the most votes with one receiving 130 and another receiving 135, for a total of 265 out of the total number of 329 voters, although the original logo scored closely to that of the badges, with 100 votes.

With the determination that the badge style of logo was the community preference, Northstar provided six-potential logos using the badge logo style. Staff narrowed the six down to two, then posted those, as well as the original logo in a new survey requesting that the community vote on which logo would be preferred. The community voted for a badge that displayed mountains in the background with a river flowing toward the viewer. A band across the middle in a slight arch displays the City’s name.

To ensure that the community has had the opportunity to approve the final product, a workshop was held on November 29, 2023, at 5:00 pm in the Oroville Council Chambers. The public was invited to attend to provide input for how the logo might be tweaked with the intention that at the end of that workshop a vote would be held and the logo that received the highest number of votes would be the logo to be presented to City Council for consideration of adoption. One participant of the workshop presented some prepared adjustments to the latest draft of the logo that would allow the logo to be clearly identified when used in grey scale, black and white, as an 72 Item 9.

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embossment, and could still be visibly identified when reduced to a size that would fit on a pen.

The logo presented to Council tonight is the result of three community surveys collected digitally through outreach on multiple platforms and one, in person, public meeting. This image in Attachment A represents a unanimous consensus of those that participated during the November 29, 2023, workshop.

FISCAL IMPACT
None.

RECOMMENDATION
Approve the logo as presented in Attachment A

ATTACHMENTS

1. New Logo
73 Item 9.

ATTACHMENT A
74 Item 9.
75 Item 9.
76 Item 9.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR

FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: APPROVAL OF COMMERCIAL PURCHASE AGREEMENT AND JOINT

ESCROW INSTRUCTIONS
DATE: DECEMBER 5, 2023

SUMMARY
The Council authorized staff to enter into negotiations related to a new site for relocation of the corporation yard. Staff has tentatively agreed with a property owner for the purchase of a site suitable for the City’s needs. The Council will consider approval of the commercial purchase agreement and joint escrow instructions for the property located at 655 Cal Oak Road in Oroville (“Property”) which is currently the site of Endeavor Homes, Inc.

DISCUSSION
On November 7, 2023, the City Council authorized staff to negotiate the City’s purchase of the Property along with authority to execute a Purchase and Sale Agreement for the Property.

Consistent with the authority provided by the City Council, staff negotiated a purchase price of $2,750,000, which includes approximately $100,000 or equipment. Thus, the purchase price of the real property is $2,650,000, within the market value range for the Property. The purchase of the Property is contingent upon a review and approval of the Property during the due diligence period. It is anticipated that the close of escrow will occur on or before January 31, 2024. Further, the seller would like to remain in possession following close of escrow to facilitate the sale and removal of all other personal property from the site.

The proposed acquisition aligns with the City's General Plan. Staff members believe that the new location at 655 Cal Oak provides a unique opportunity for the City by offering a properly sized corporation yard with updated office space, training facilities, covered and indoor parking with room to grow. The administration building introduces essential amenities, such as a functional break room and women's restroom facilities, addressing longstanding needs within our corporation yard while also modernizing fleet maintenance services and office space capabilities. Tenant improvements including a new fuel island, backup generator, modernization of the shop, along with some other modernizations would follow. The new location signifies a positive advancement for the city's infrastructure and the well-being of its staff.

Staff has reviewed the property purchase to determine the required level of review under the California Environmental Quality Act (CEQA). The proposed activity is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). CEQA Guidelines section 15061(b)(3) provides that an activity is covered by the commonsense 77 Item 10.

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exemption where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. In this instance, there is no possibility that the proposed property acquisition will result in a physical change in the environment. The Property consists of land which is utilized for commercial purposes which are not significantly different than how the City intends to utilize the Property. The acquisition of the Property will maximize the use of current structures, and will require some modifications which are not significant in nature. Therefore, the proposed purchase is exempt from CEQA review.

Staff recommends authorizing the close of escrow and completing the purchase of the Property and equipment, at the negotiated purchase price of $2,750,000.

FISCAL IMPACT
Funding will be provided from the following:
 RDA Bond fund balance in the amount of $1,059,599.75; and  The remainder shall come from Local Recovery Funds.

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

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A COMMERCIAL

PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF OROVILLE AND ENDEAVOR HOMES, INC.

ATTACHMENTS
(1) Resolution XXXX
(2) Commercial Purchase Agreement and Joint Escrow Instructions 78 Item 10.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9197

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A COMMERCIAL PURCHASE

AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF OROVILLE AND ENDEAVOR HOMES, INC.

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

1. The Mayor is hereby authorized and directed to execute an agreement between the City of Oroville and Endeavor Homes, Inc.

A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on December 5, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 79 Item 10.
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: PRESENTATION OF AIRPORT UPDATE AND REQUEST TO MODIFY

CONTRACT BETWEEN THE CITY OF OROVILLE AND JENCO

AVIATION
DATE: DECEMBER 5, 2023

SUMMARY
Staff will provide an update as requested by Council, on the status of the airport for 2023 including timeline for upcoming projects, potential for growth opportunities and Jennifer Anderson, DBA JenCo Aviation, will provide an update on operations of the FBO at Oroville Airport. Additionally, Council is requested to approve changes to the contract between JenCo Aviation and the City of Oroville following a review of the contract by staff and City Attorney.

DISCUSSION
As requested by City Council, staff will provide an update as outlined above, to include future projects, potential growth opportunities for existing ground leases as well as new construction.

Additionally, following a review of the contract between the City of Oroville and JenCo Aviation, it has been determined that changes to the contract are necessary regarding the fueling operations through the use of a Jet A refueler purchased by JenCo Aviation, due to the City’s truck being antiquated and deemed inadequate by the City’s fuel provider EPIC Aviation Fuels. Staff is requesting JenCo Aviation be provided a monthly stipend to offset the cost of the truck and that the City cover the costs of the maintenance related to filter and hose changes for the Jet A dispenser system. Also, changes to the language for responsibility of utilities for the FBO to include garbage removal (not including large or hazardous items), water and sewer (sewer is already provided by the City for the FBO building).

FISCAL IMPACT
The Airport Fund would cover the cost of the stipend and maintenance items. The stipend is recommended to be $650 per month and it is anticipated that the maintenance (replacement hoses and filters) would be approximately $500 annually on average. Hoses are required to be changed every 10 years and filters are required to be changed annually at minimum. Also, costs associated with the added utilities listed above. 98 Item 11.

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RECOMMENDATION
Accept update for information and approve the changes to the contract between JenCo Aviation and the City of Oroville to include all utilities at FBO, the stipend for the fuel truck, and costs associated with maintenance of the portion of the truck that dispenses fuel to jet aircraft.

ATTACHMENTS
Airport update Power point presentation; and
Edited contract between JenCo Aviation and the City of Oroville. 99 Item 11.

AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF OROVILLE AND JENNIFER ANDERSON DBA JENCO AVIATION (Agreement No. 3485)
This First Amendment (“First Amendment”) dated December 5, 2023, is to the Agreement (“Agreement”) between the City of Oroville and Jennifer Anderson dba JenCo Aviation (“Lessee”) for Fixed Base Operator Services at the Oroville Airport. In consideration of the terms and conditions herein, the City of Oroville and Lessee agree that Agreement shall be amended as follows:

1. Section 3.03 shall be replaced with the following language: “Rental of Hangar Buildings: The Lessor agrees to pay the Lessee a monthly stipend, totaling the monthly rent of the G & H hangar buildings for the first year. JenCo Aviation profit and loss will be reviewed annually, and the monthly stipend will remain the same or be increased as necessary.”

2. Section 3.07 shall be replaced with the following language: “Utilities: Lessor shall pay one-hundred percent (100%) of electric, gas, garbage and other utility services to the leased buildings.”

3. Section 5.13 shall be replaced with the following language: “Fixed Base Operator (FBO) Service to the Public: Lessee may provide aviation services to the public, including: minor and major service and mechanical work on aircraft, flight instruction and training, student aircraft rentals, scenic tours, aviation accessory sales, vending machine sales and radio, electronic or other avionics equipment sales, car rental, shuttle or hotel reservations, and air shows, fly-ins, or other aviation events, but shall not otherwise provide any other commercial or public services, either profit or nonprofit at the premises without written consent of Lessor. Lessee shall manage tie-down and hangar building leases/rentals as shown in Exhibit A. Lessee may sell Jet A fuel on behalf of the City using Lessee’s own fueling truck. Lessor shall pay Lessee $650 per month for the use of Lessee’s fuel truck, as well as pay for the fuel truck’s replacement filters and hoses, as required. In addition, the Lessee will receive a fuel flowage fee of 50% of the net profit per gallon from Jet A fuel sold through the full-service Jet A truck.

4. Conflicts between the Agreement and this First Amendment shall be controlled by this First Amendment. All other provisions within the Agreement shall remain in full force and effect.
///
///
///
100
Item 11.

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

CITY OF OROVILLE JENNIFER ANDERSON DBA JENCO

AVIATION
By: By:

David Pittman, Mayor Jennifer Anderson
APPROVED AS TO FORM: ATTEST:

By: By:

Scott Huber, City Attorney City Clerk
101
Item 11.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9198

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE LEASE

AGREEMENT BETWEEN THE CITY OF OROVILLE AND JENNIFER ANDERSON (Amended Agreement No. 3485)
First Amendment
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an amendment to the agreement between the City of Oroville and Jennifer Anderson dba JenCo Aviation. A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on December 5, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 102
Item 11.

Oroville Municipal Airport
Cody Nissen
Airport Manager
103
Item 11.

Oroville Municipal Airport Highlights
• 1. Fuel sales
• 2. Airport Manager Responsibilities
• 3. Recent and Upcoming Airport Inspections
• 4. Planned Future Capital Projects/Improvements
• 5. Public Safety Utilization
• 6. Airport Operations
• 7. Airport Marketing/Potential Use
• 8. FBO Update (Fuel, Maintenance Activities, Flight Instruction, Community Events)
104
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Oroville Municipal Airport Fuel Sales 2023
105
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100 LL AVGas Sales 2023
• January 922.5G
• February 1160.7G
• March 693.5G
• April 1988.4G
• May 2224.4G
• June 1640.6G
• July 2887.3G
• August 3028.3G
• September 3133.2G
• October 1766.4G
106
Item 11.

Jet A Fuel Sales 2023
• January 777.2G
• February 195.2G
• March 661.1G
• April 1486.1G
• May 1462.2G
• June 1334.4G
• July 809.3G
• August 1581.2G
• September 2113.5G
• October 719.2G
107
Item 11.

Airport Manager - Typical Responsibilities
• Currently finalizing agreement with FAA for Flight Check of calibration of VGSI / PAPI fixtures on runways 13/31 and 02/20.

This has been a very long and tedious process
• FAA grant billing through Delphi Invoicing
• Environmental impacts following jet excursion off RW 02 • Hangar reassignments
• Ground lease expirations
• Security of facility, perimeter, and fueling system
• FOD and lighting inspections / repairs
108
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Typical tasks cont’d
• Preparation for upcoming projects through coordination with engineering consultant
• Implementation of City Council’s short- and long-term goals 109
Item 11.

Inspections for 2023
• EPIC Aviation Fuels inspection 09/27/23
• Cal-Trans Division of Aeronautics inspection 11/08/23 • PAPI Flight Check (pending).
110
Item 11.

Future projects through ACIP
• FY-24- Design / Construct: Crack seal main ramp near FBO • FY-24- Design / Construct: Crack seal taxiway
• FY-25- No projects planned. Time used for design of FY-26 projects
• FY-26- Develop new tee hangar taxilane site. (Collector Taxiway 35’ x 265’, tee hangar taxilane 2@ 25’ x 340’)
• FY-27- Design phase to reconstruct and realign taxiway “S” and apron (golf course taxiway). FAA standards do not allow direct access from an apron to a runway.
• FY-27- Design phase to rehabilitate runway 02/20 and runway lighting system
111
Item 11.

Future projects through ACIP cont’d.
• FY-28- Construction of realigned taxiway “S” and apron (golf course taxiway and tie-down)
• Taxiway 25’ x 640’ / aprons 25,100 Sq. Ft.
• FY-29- Construction to rehabilitate runway 02/20 and Runway Lighting System
• Runway 02/20 100’ x 6,020’
• FY-30- Design / Construct new aboveground fuel farm facility near south ramp (subject to change)
112
Item 11.

Airport Emergency / Public Safety Use
• At times of immediate need the airport south ramp has become a “Helitack Base” at a moments notice for Cal-Fire operations including contract “Call-When-Needed” helicopters.
• The Airport Manager will work to update and strengthen contracts with Cal-Fire and USFS so that these contracts are in place and robust in times of immediate need. This streamlines the operational and financial processes to save precious time in an emergency.
113
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Public Safety
114
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Regional Jet operations
115
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Regional Jet Operations cont’d
116
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Airport Operations 2023
Data from MotionInfo
• **Each take off is an operation and each landing is an operation** • Jan 2023 560
• Feb 2023 456
• Mar 2023 390
• Apr 2023 268
• May 2023 659
• June 2023 706
• July 2023 825
• Aug 2023 697
• Sep. 2023 595 117
Item 11.

Ground lease options / interest
• BCMVCD has expressed interest in expansion
• Regained interest in AFC building 250 Airport Parkway which may augment into future helicopter training options
• Interest in a new ground lease for a 6,000’ to 10,000’ hangar for an expansion of a business from out of town with manufacturing job creation related to aviation. Currently have their products on approximately 11,000 helicopters worldwide.
• Airport Manager will be investigating the feasibility of charging stations and additional interests to attract EVTOL aircraft future operations.
118
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Immediate and future
• FBO main hangar bay roof resealing
• Auction / sell old fuel truck
• Fuel card reader kiosk upgrade / replacement with cellular unit (pending)
• Fiberoptic line ran to airport due to inadequate phone / internet service
119
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QUESTIONS ON AIRPORT OPS?
120
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FBO / JenCo Aviation
121
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FBO owned Jet A refueler truck
Jet A refueler truck purchased by FBO
at their expense from EPIC Fuels. City’s
truck is antiquated and keeping it in
service would have rendered our fuel
service inspection score unsatisfactory
by EPIC Fuels (our fuel provider).
122
Item 11.

Refueler dispensing options
Refueler truck can dispense fuel
through high or low flow hand nozzles,
(similar to a gas station), or “single
point” connection (desired by nearly all
jet aircraft) as there are minimal
opportunities for contamination,
spillage or misfuelling.
123
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Refueler Truck Operations
124
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Flight Instruction Services
• 6 biennial flight reviews (required every 2 years to keep license current)
• Approximately 100 hrs. of in-flight instruction
• Approximately 100 hrs. of “ground school”
125
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Maintenance activities summary 2023
• 5 fixed wing annual inspections performed
• Oil changes
• Magneto changes
• Tire changes
• Overhauling helicopter components
126
Item 11.

Helicopter component rebuild in process
127
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Helicopter engine removed for overhaul
128
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Community involvement
129
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Community Involvement cont’d
• Sutter Butter “99’s,” which is a larger women only flying club, plans to hold their 2024 annual convention at the Oroville Airport. • Plan to offer a few elementary school tours for 2024
• JenCo fly-in event for spring 2024 (date TBD)
• KOVE is “base of operations” for Northen Extreme Helicopters which is a seasonal “call-when-needed” firefighting helicopter operation.
130
Item 11.

JenCo Fly-in 2023
131
Item 11.

JenCo Fly-In event 2023
132
Item 11.

Fly-in event cont’d…
133
Item 11.

Challenges
• Due in large part to perceived economic
uncertainty, recreational flying has slowed in recent
years. May of the aircraft based in Oroville and / or
that the use Oroville for training are small single
engine aircraft owned by typical people that face
financial decisions that effect their hobbies (one of
which may be flying). With aviation fuel averaging
$6.50 per gallon within a 50 mile radius of Oroville
(as of 11/15/23) and the rate of fuel consumed by
these aircraft, many people are more reluctant to
fly unnecessarily.
•
134
Item 11.

QUESTIONS ON
FBO OPS?
135
Item 11.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: CITY PARTICIPATION IN THE STATEWIDE COMMUNITY

INFRASTRUCTURE PROGRAM (SCIP) AND BOND OPPORTUNITIES

FOR LAND DEVELOPMENT (BOLD) PROGRAMS
DATE: DECEMBER 5, 2023

SUMMARY
The Council will consider entering into a Joint Power Agreement (JPA) with two agencies in order to provide developers access to pooled bond opportunities which will provide low-cost financing for infrastructure improvements and impact fees.

DISCUSSION
In California there are two agencies that issue pooled bonds which provide access to funding for developers whose projects are generally not large enough to justify a bond issuance. The two agencies are the California Statewide Communities Development Authority (CSCDA), that operates the Statewide Community Infrastructure Program (SCIP) and the California Municipal Finance Authority (CMFA) that operates the Bond Opportunities for Land Development (BOLD) program. The typical funding is between $500,000 and $5,000,000 for activities such as grading, new streets, curb, gutter, and sidewalks, and for impact fees.

The first step for eligibility is for the City to hold a public hearing, adopt a resolution, and enter into a JPA with each of the two agencies. Once available to a community a developer may apply to participate in an upcoming bond issuance, which occurs three times annually for the SCIP program and twice annually for the BOLD program.

The participating agency performs all underwriting activities and requires that the developer own the land and have incurred expenses toward the development. The bonds are secured against the value of the land and the improvements. Before the improvements are accepted by the local jurisdiction, submittals are presented to city staff to verify that all work has been completed per the city standards and all obligations to contractors that performed work on those improvements have been satisfied.

An equal amount of the bond is apportioned to the owners of each parcel receiving the benefit of the improvements for the development and are paid back by the end user, or homeowner, through the tax rolls. At any time, a homeowner has the ability to buy out their portion of the bond by providing a lump sum payment.
136
Item 12.

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If a resolution is adopted and the City enters into a JPA with these two agencies, the City would also have the option of participating in a bond issuance for public projects to provide street improvements such as paving, lighting, curb, gutter, and sidewalks as long as the public improvements will have a useful life of five-years or greater, and those community member that will benefit from the improvements have agreed to pay for the improvements as part of their annual property tax bill after approval through a public process.

The staff time involved for participation through this program is preparation for a resolution and facilitation an agreement with the JPA, all of which can be provided by the CSCDA and the CMFA agencies. At the end of the project, there is staff time to verify that all financial obligations to material suppliers and contractors that provided services for the installation of the public improvements have been met and no outstanding debt for those services remain.

FISCAL IMPACT
None at this time.

RECOMMENDATION
Direct staff to return to Council during a future meeting to hold a public hearing and approve a resolution to participate, and provide authorization to enter into a JPA with the CSCDA and the CMFA agencies.

ATTACHMENTS
None.
137
Item 12.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: SCOTT E. HUBER, CITY ATTORNEY
RE: OPTIONS FOR FILLING VACANT TREASURER POSITION
DATE: DECEMBER 5, 2023

SUMMARY
With the untimely passing of Karolyn Fairbanks, the position of City Treasurer became vacant. (Government Code section 1770.) Pursuant to Government Code section 36512, the Council may select the process by which the vacancy may be filled.

DISCUSSION
Within 60 days of its occurrence, the Council shall fill a vacancy either by appointment or by calling a special election. (Govt. Code §36512.) If the Council chooses to fill the vacancy by appointment, it must be done within 60 days of the vacancy. The appointment must be made with a majority vote of the Council. A timeline for the appointment would need to be established by the Council as follows:

November 17, 2023 Vacancy of Treasurer Position
December 5, 2023 Council Meeting to Determine to Appoint or Hold Special Election
TBD Advertise Vacancy in at least 3 locations for 15 days TBD Candidate Deadline to Apply
TBD Review Applications by Ad Hoc / Executive Committee (and Potentially Determine Who Should Be Interviewed If Substantial Number of Applications Received)
TBD (must be on or
before January 16,
2024)
Council Meeting (60-Day Deadline to Appoint from Date
Position Was Vacant)
- Interview Candidates in Open Session
- Select by Motion (and Second) and Adopt Resolution
- Majority Vote of Council Members Required
- Swearing in
Day of Appointment + 15
Days
Notify County Elections Office of Appointment (within 15 Days) 138
Item 13.

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Alternatively, the Council can decide to hold a special election to fill the vacancy, which must occur at the next regularly established election date not less than 114 days from the call of the special election, which would be November 5, 2024. If the Council desired a special election, it would be required to pay the proportional share all election costs, which would likely be minor given the November 2024 election will also be a presidential election. The person elected at the special election would hold office for the balance of the Treasurer’s term, which would terminate after the November 2026 election.

FISCAL IMPACT
If an appointment is made, the City will incur minimal advertising costs. If a special election is ordered concurrent with the next general election, the City will be required to pay the proportional cost of placing the measure on the ballot.

RECOMMENDATION
The Council has the option to make a provisional appointment or to order a special election.

If the Council desires to make a provisional appointment, the Council should determine the deadlines and a timeline for the provisional appointment. 139
Item 13.

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CITY OF OROVILLE

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

SERVICES
RE: APPROVAL OF PAYROLL SOFTWARE AGREEMENT
DATE: DECEMBER 5, 2023

SUMMARY
The Council may consider an agreement for new payroll software with Tyler Technologies.

DISCUSSION
On March 1, 2022, the City entered into a contract with UKG Ready to provide payroll and human resource software. As of this date the software is not fully live. Staff would like to consider an alternative software solution at this time that is compatible with our new financial software and is also offered at a price that is less than the current contract with UKG.

During the Request for Proposal exercise, Tyler Technologies submitted a proposal, however was ultimately not chosen. At this time, staff recommend this change due to the following: 1) Tyler Technology software contains a personnel budgeting module that will greatly assist in budgeting. Purchasing software separately for personnel budgeting is approximately $10,000 annually; 2) the cost with Tyler would save the City approximately $6,548 annually; and 3) our Financial Software and Payroll software would be with the same provider. Making such a change at this time would require more staff time to get the project completed.

FISCAL IMPACT
Cost is $28,036 annually for Payroll, Human Resources, Personnel Budgeting and Advance Scheduler. With a one-time project management fee of $12,600.00. Remote implementation cost is billed by the hour at $175 per hour, these charges are billed as needed not to exceed $134,000. Staff does not expect to use this many hours. Conversion costs are $14,300.00 Total implementation costs and annual subscription fees not to exceed. $186,053.00.

RECOMMENDATION
Approve agreement and authorize the Mayor to sign the quote for services from Tyler Technologies for payroll and human resource software.
140
Item 14.

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ATTACHMENTS
Tyler Technologies quote
141
Item 14.
2023-437253-K2H2G1 CONFIDENTIAL Page 1
Quoted By: Jennifer Wahlbrink
Quote Expiration: 05/04/24
Quote Name: City of Oroville-EERP-HCM
Quote Description: 11-14-23 City of Oroville, CA -
HCM v.1
Saas Term 3.00
Sales Quotation For:

City of Oroville
1735 Montgomery St
Oroville CA 95965-4897
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Human Resources Management
Human Resources & Talent Management 1 144 $ 4,693.00
Payroll with Employee Access 1 280 $ 6,740.00
Time & Attendance w Mobile Access - Up to 150 Employees 1 132 $ 5,918.00 TOTAL 556 $ 17,351.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Payroll Accruals Import Hours 8 $ 175.00 $ 0.00 $ 1,400.00 $ 0.00 Payroll Deductions Import Hours 12 $ 175.00 $ 0.00 $ 2,100.00 $ 0.00 Payroll Employee Master Import Hours 12 $ 175.00 $ 0.00 $ 2,100.00 $ 0.00 Position Control Import Hours 8 $ 175.00 $ 0.00 $ 1,400.00 $ 0.00 Project Management 72 $ 175.00 $ 0.00 $ 12,600.00 $ 0.00 Salary & Benefit Projection Implementation Hours - remote 16 $ 175.00 $ 0.00 $ 2,800.00 $ 0.00 142
Item 14.
2023-437253-K2H2G1 CONFIDENTIAL Page 2
Conversions – See Detailed Breakdown Below $ 14,300.00 $ 0.00 Remote Implementation 556 $ 175.00 $ 0.00 $ 97,300.00 $ 0.00 TOTAL $ 134,000.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 17,351.00
Total Tyler Services $ 134,000.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 134,000.00 $ 17,351.00
Contract Total $ 186,053.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars
Detailed Breakdown of Conversions (Included in Summary Total) Description Qty Unit Price Unit Discount Extended Price Human Resources Management
Human Resources Management 1 $ 14,300.00 $ 0.00 $ 14,300.00 TOTAL $ 14,300.00
143
Item 14.
2023-437253-K2H2G1 CONFIDENTIAL Page 3
Optional Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Human Resources Management
Advanced Scheduling w Mobile Access - Up to 150 Employees 1 104 $ 10,685.00 TOTAL: 104 $ 10,685.00
Optional Professional Services
Description Quantity Unit Price Ext. Discount Extended Price Maintenance Remote Implementation 104 $ 175.00 $ 0.00 $ 18,200.00 $ 0.00 TOTAL $ 18,200.00 $ 0.00
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. 144
Item 14.
2023-437253-K2H2G1 CONFIDENTIAL Page 4
• Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.

Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 50% Client and 50% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments. 145
Item 14.
2023-437253-K2H2G1 CONFIDENTIAL Page 5
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

Personnel Actions Forms Library includes: standard Personnel Action form - New and standard Personnel Action Form - Change.

Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.

Payroll library includes: standard PR check, standard direct deposit, standard vendor from payroll check, standard vendor from payroll direct deposit, W2, W2c, ACA 1095B, ACA 1095C and 1099 R.

Human Resources Management conversion includes: Standard - Employee Master, Address, Accumulators (Earnings & Deduction totals by period) - up to 5 years, Check History - up to 5 years, Earning/Deduction History - up to 5 years, PM Action History - up to 5 years, Certifications, Education
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Proposed Amendments

3.32.115 Feather River Recreation and
Park District fees.

A. The City of Oroville (the “city”) shall not issue a building permit for a residential unit absent receipt by the city of written certification from the Feather River Recreation and Park District (the “district”) to the building permit applicant that the building permit applicant has paid district the residential unit impact fees adopted by resolution of the Council.
by the board of directors of the district, except that such fees shall not exceed the following amounts as indicated in the Supplemental Development Impact Fee Calculation and Nexus Report prepared by SCI Consulting Group:

Single family detached See Master Fee Schedule
Single family attached See Master Fee Schedule
Multiple family See Master Fee Schedule
Mobile home See Master Fee Schedule
B. Any amendment to the above fee schedule shall not be applicable within the city without an amendment to this section.

C. The fees set forth above shall be subject to annual adjustments in park development costs based on current dollars, as reflected in the Engineering News Record Construction Cost Index for San Francisco (“ENR CCI”). Net change in such costs shall be measured from a base date of April 15, 2009.

D. This section shall not apply to any building permit applications for properties located outside the boundaries of the district.

E. The city council may waive the requirement that the city receive written certification from the district upon making findings based upon substantial evidence that: (1) the required fee has been paid; and (2) the district failed to provide the certification of payment to the applicant within five business days of receipt of the payment. In addition, no certification shall be required if the city council makes findings based on substantial evidence that the board of directors of the district has either not adopted or eliminated entirely the residential unit impact fees.
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F. The property known as “Oro Bay” (the “Oro Bay Property”) shall be exempt from the fee schedule set forth in this section, including any increases in said fee schedule.

The Oro Bay Property consists of the real property subject to the Oro Bay Specific Plan, as approved by the city pursuant to Resolution 7138.

G. This section shall be repealed if the district increases its residential impact fees application to city building permits without the prior amendment of this section. (Ord. 1812 §§ 1—7, 2016)
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: FEATHER RIVER RECREATION AND PARK DISTRICT NEXUS

FEE STUDY AND PROPOSED FEE INCREASES
DATE: DECEMBER 5, 2023

SUMMARY
The Council may consider adopting the Feather River Recreation and Park District Park Impact Fee Nexus Study along with an eight-year phased in approach to implement the new Park impact fees.

DISCUSSION
Feather River Recreation and Park District (“District”), a local special district responsible for providing park and recreational facilities recently conducted a Park Impact Fee Nexus Study (“Study”). The City Municipal Code authorizes the imposition of said fees on new development, which enables the District to fund the acquisition and development of additional park facilities to mitigate the impact caused by the new development. The Study, completed in March of 2023, is proposing to adjust fees for the first time since 2003.

The Study is proposing that fees be adjusted in the following manner:
 Single-Family Housing – proposed to go from $1,196/dwelling unit to $5,486;  Multi-Family Housing - proposed to go from $1,063/dwelling unit to $4,615; and  Mobile Homes - proposed to go from $963/dwelling unit to $4,672.

Given the fact that an increase hasn’t taken place in approximately 20 years, the increases in fees are significant (358% for single-family, 334% for multi-family and 489% for mobile homes). Given that fact, the District is proposing to phase in these increases evenly over an 8 year period. In addition, the District is proposing a 2% annual inflationary increase, to assist in keeping the District more current with respect to costs.

The District would also like to amend the language in section 3.32.115 of the City Municipal Code, cleaning up the existing language.
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FISCAL IMPACT
There is no fiscal impact on the City.

RECOMMENDATION
Adopt the Feather River Recreation and Park District impact fee nexus study; Adopt resolution implementing the new fee schedule, phased in over the next eight years; and
Amend section 3.32.115 of the City Municipal Code.

ATTACHMENTS

1. Resolution and Exhibit A

2. Feather River Recreation and Park District impact fee nexus study presentation

3. Proposed amendments to section 3.32.115 of the City Municipal Code. 150
Item 15.

Oroville City CouncilDecember 5, 2023

Oroville City Council
December 5, 2023