Oroville City Council
December 19, 2023

December 19, 2023~3:30 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
December 19, 2023

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

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

To Observe the Meeting:

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

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

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

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

1. Attend the meeting in person

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

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

If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half (1.5) minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).

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

CALL TO ORDER / ROLL CALL
Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman
1 December 19, 2023~3:30 PM Oroville City Council Meeting Agenda Page 2 of 6

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

1. 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

2. 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 012-035-005.

3. 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.

4. 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.

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

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Presentation by Emily Swearingen and Jennifer Skinner on the National Fentanyl Crisis Emily Swearingen, Program Manager and Jennifer Skinner, Program Manager Supervisor in the Prevention Unit at Butte County Behavioral Health, will provide an update on the fentanyl crisis that the nation is facing.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

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
2 December 19, 2023~3:30 PM Oroville City Council Meeting Agenda Page 3 of 6

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

1. Recology Service Rate Increase for the Collection and Disposal of Solid Waste The Council will receive an update on the Recology service rate increase for the collection and disposal of solid waste that will become effective January 1, 2024.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

2. Approval of Bid Proposal for City Hall Carpet Project The Council may consider accepting a bid proposal for City Hall carpet replacement.

ACTION REQUESTED -
APPROVE AND AWARD THE PROPOSAL FOR CARPET REPLACEMENT AT CITY HALL.

3. Second Reading and Adoption of Safety Assessment Placards Ordinance Second reading and adoption of an ordinance that establishes a placard system to be utilized as a safety measure during disastrous events.

ACTION REQUESTED -
ADOPT THE ORDINANCE; AND

DIRECT THE ASSISTANT CITY CLERK TO PUBLISH THE ORDINANCE SUMMARY IN A NEWSPAPER OF GENERAL CITY CIRCULATION WITHIN FIFTEEN DAYS.

4. MOU with California Office of Emergency Services for Supportive Services During and After Disaster Events
In order to receive expedited assistance from CalOES in, during and after disaster events for facility safety inspections, the City must enter into an Memorandum of Understanding (MOU) with CalOES to ensure a supportive services are provided seamlessly, without delay or interruption.

ACTION REQUESTED -

AUTHORIZE MAYOR TO EXECUTE AN MOU WITH CALOES TO PROVIDE SUPPLEMENTAL INSPECTION SERVICES IN THE WAKE OF A DISASTER EVENT.
3 December 19, 2023~3:30 PM Oroville City Council Meeting Agenda Page 4 of 6

5. Memorandum of Understanding with the County of Butte for Funding for Mission Esperanza Project
The Council will consider approving a memorandum of understanding (MOU) with the Couty of Butte, to provide funding in support of the Mission Esperanza project.

ACTION REQUESTED -
AUTHORIZE THE CITY ADMINISTRATOR TO SIGN MOU.

6. Revised 2024 City of Oroville Meeting Schedule
The Council may consider adopting a revised meeting schedule for the 2024 year.

ACTION REQUESTED -
APPROVE THE REVISED CITY OF OROVILLE 2024 MEETING SCHEDULE

REGULAR BUSINESS

7. An Ordinance of the City Council of the City of Oroville Related to the Addition of Chapter 9 Section 6.08.102(A) a Dangerous or Vicious Animal Policy (First Reading) The Council will receive public input on and provide direction regarding the adoption of Ordinance NO. 1875, an ordinance on dangerous and vicious animals for the Oroville Police Department and Northwest Society for the Prevention of Cruelty to Animals (NWSPCA).

ACTION REQUESTED –
WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY ORDINANCE NO. 1875 –

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADDING A DANGEROUS OR VICIOUS ANIMAL POLICY, AMENDING TITLE 6 TO INCLUDE CHAPTER

6.08.120(A) TO 6.08.129(D), DANGEROUS OR VICIOUS ANIMAL POLICY, FOR THE CITY OF OROVILLE; AND RETURN TO COUNCIL FOR SECOND READING AND CONDUCT A

PUBLIC HEARING
4 December 19, 2023~3:30 PM Oroville City Council Meeting Agenda Page 5 of 6

8. Authorization to Issue a Request for Proposals to Implement the Oroville Marketing Campaign
The Council will consider authorizing the release of a Request for Proposal (RFP) for the next phase of promoting Oroville -- in 3 distinct areas: Business Recruitment, Tourism marketing, and building Community Pride.

ACTION REQUESTED -

AUTHORIZE STAFF TO ISSUE A REQUEST FOR PROPOSAL FOR BUSINESS

RECRUITMENT, TOURISM, AND COMMUNITY PRIDE SERVICES FOR THE CITY OF OROVILLE.

9. 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 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 -

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.

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]
5 December 19, 2023~3:30 PM Oroville City Council Meeting Agenda Page 6 of 6

10. Public Hearing – 5:30PM – Continued from December 5, 2023 Feather River Recreation and Park District Nexus Fee Study and Proposed Fee Increases The Council shall continue the public hearing which began at its December 5, 2023 Regular Council meeting with regard to consideration of 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 -
CONTINUE THE PUBLIC HEARING UNTIL MARCH 19, 2024.

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.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. Oroville Police Department November 2023 Report

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on January 02, 2024 at 4:00 p.m.

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

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: RECOLOGY SERVICE RATE INCREASE FOR THE COLLECTION

AND DISPOSAL OF SOLID WASTE
DATE: DECEMBER 19, 2023

SUMMARY
The Council will receive an update on the Recology service rate increase for the collection and disposal of solid waste that will become effective January 1, 2024

DISCUSSION
The City entered into a Franchise Agreement (Agreement) with Recology in 1993, for collection and disposal of solid waste and recyclable materials generated by homes and businesses in the City limits. This agreement was extended in November of 2022 for fifteen (15) years and runs through December 31, 2037.

Section 18.2 of the Agreement specifies that the fees collected by Recology shall be indexed to the United States Consumer Price Index (CPI) for the Water, Sewer and Trash Collection Services Index (WST Index) and shall be adjusted annually to reflect the yearly changes, if any, in the cost of living as shown in the CPI.

The intent of this Staff Report is to inform the Council of a 4% rate increase based on the CPI for the WST Index, that will become effective January 1, 2024. Recology, the City’s contractor for the collection and disposal of solid waste, has submitted this to the City pursuant to Section 18.3 of the Agreement for review Section 18.3 of the Agreement stipulates that the maximum rate adjustment provided in the agreement shall take effect without the need for approval by the City Council or City Staff.
7 Item 1.

FISCAL IMPACT
No impact to the General Fund

RECOMMENDATION
For informational purposes only

ATTACHMENTS
Franchise Agreement,
Letter from Recology regarding rates; and
Recology Rate Increase Package for 2024.
8 Item 1.

Bureau of Labor Statistics
Series Id:

Series Title:

Area:

Item:

Base Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
2013 194.548 195.060 195.671 196.180 196.872 197.503 198.145 198.366 198.742 199.822 200.186 2014 201.127 201.736 202.363 202.930 203.260 203.791 205.073 205.900 206.330 207.704 208.734 2015 210.090 210.981 211.468 211.987 212.729 213.299 213.986 215.560 216.143 216.550 217.124 2016 218.191 218.681 219.417 220.319 221.497 221.680 221.530 222.383 223.102 223.631 224.493 2017 226.235 227.001 227.360 227.883 228.445 228.803 229.186 229.664 230.179 230.838 231.604 2018 232.771 233.609 234.041 234.873 235.894 236.642 237.301 238.261 238.605 239.276 241.862 2019 241.356 241.743 242.459 243.284 243.880 244.516 245.042 245.297 245.999 247.071 247.439 2020 248.556 249.465 250.234 250.541 251.117 251.672 252.483 253.648 254.318 255.077 255.747 2021 257.389 258.448 259.094 259.502 259.812 260.689 261.795 262.402 263.733 264.553 264.721 2022 267.762 269.175 269.520 270.379 271.159 272.243 273.188 274.523 276.684 277.156 278.018 2023 281.078 283.302 284.060 285.009 286.651 287.790 289.100 290.493 291.200 291.960 2022 271.007
2023 285.614
Increase 14.607
Pct Incr 5.1%
Annual Cap 4.0%
Water and sewer and trash collection services in U.S.
city average, all urban consumers, seasonally U.S. city average Water and sewer and trash collection services
DECEMBER 1997=100
2013 to 2023
Consumer Price Index for All Urban Consumers (CPI-U)
Original Data Value
CUSR0000SEHG
Seasonally Adjusted
Source: Bureau of Labor Statistics Generated on: November 29, 2023 (06:16:04 PM) 9 Item 1.

Bureau of Labor Statistics
Dec HALF1 HALF2
200.661
209.853
217.742
225.013
232.042
242.436
247.762
256.642
265.570
278.703
Source: Bureau of Labor Statistics Generated on: November 29, 2023 (06:16:04 PM) 10 Item 1.
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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 BID PROPOSAL FOR CITY HALL CARPET PROJECT DATE: DECEMBER 19, 2023

SUMMARY
The Council may consider accepting a bid proposal for City Hall carpet replacement.

DISCUSSION
On October 20, 2023, the City issued a request for proposal (RFP) for carpet replacement in City Hall. The project is badly needed as the existing carpet is well beyond it’s useful life. On November 13th at 10am there was a mandatory job site inspection for all interested parties to participate in a walk through of City Hall and ask questions. There were about 12 individuals who showed up for this inspection. Out of those we received 3 bid proposals by the due date of November 30th, 2023.

The committee assigned for scoring the proposals took a careful and thoughtful approach at scoring the bids and ultimately selected the proposal from Carpets Galore, a local company.

Proposal summary:

FISCAL IMPACT
Cost not to exceed $105,768.00. From the Capital Projects and Improvements Fund – Maintenance Buildings and Improvements. 301.3010.6110

RECOMMENDATION
Approve and award the proposal for carpet replacement at City Hall. 47 Item 2.

ATTACHMENTS
Carpets Galore Agreement
Exhibit A
Exhibit B
48 Item 2.

AGREEMENT NO.

AGREEMENT FOR PROFESSIONAL SERVICES
This Amended and Restated Agreement is made and entered on December 19, 2023, by and between the City of Oroville (“City”) and Carpets Galore (Contractor).

RECITALS
A. Contractor is specially trained, experienced and competent to remove, repair, sale and install all types of flooring for the City of Oroville as required by this Agreement; and
B. Contractor 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 Contractor to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Contractor shall furnish the following services in a professional manner:

Contractor shall perform the services described on Exhibit A, which is attached hereto and incorporated herein by reference.

2. Time of Performance. The services of Contractor are to commence upon execution of this Agreement and shall be completed within 45 days from date of signature on agreement. Completed meaning removal, repairs, installation and clean up.

3. Compensation. Compensation to be paid to Contractor shall be in accordance 49 Item 2.

AGREEMENT NO.
with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Contractor’s compensation exceed the amounts of $100,570.00 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Contractor’s services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall submit billings to City describing the work performed. Contractor’s bills shall include a brief description of the services performed, the date the services were performed. City shall pay Contractor no later than 30 days after approval of the invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of Contractor’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor 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 (10) ten days written notice of termination. Upon termination, Contractor shall be entitled to compensation for services properly performed up to the effective date of termination.

7. Contractor’s Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or 50 Item 2.

AGREEMENT NO.
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 Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’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 Contractor’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 Contractor, in the performance of 51 Item 2.

AGREEMENT NO.
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.

Contractor shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Contractor hereby expressly waives any claim it may have to any such rights.

9. Interest of Contractor. Contractor (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor’s services hereunder. Contractor 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.

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

8. Professional Ability of Contractor. City has relied upon the professional training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Contractor 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 Contractor’s field of expertise.

9. Compliance with Laws and Prevailing Wage. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, 52 Item 2.

AGREEMENT NO.
codes, ordinances and regulations, including but not limited to prevailing wage labor rates.

10. Licenses. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor 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.

11. Indemnity. Contractor 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.

12. Insurance Requirements.
a. Contractor, at Contractor’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.

13. 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 53 Item 2.

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

If to City: Brian Ring
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Contractor: Ron Scott
Carpet Galore Inc
1965 Mitchell Avenue
Oroville, CA 95966

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

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

16. 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 Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express prior written consent of the City. Contractor 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, Contractor 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 54 Item 2.

AGREEMENT NO.
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.

17. 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.

18. 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.

19. 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.

20. 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.

21. 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. 55 Item 2.

AGREEMENT NO.

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.

22. 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.

23. Authority to Enter Agreement. Contractor 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.

24. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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, 56 Item 2.

AGREEMENT NO.
or obtain any present or anticipated material benefit arising there from.

25. Equal Opportunity Employment. Contractor 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.

26. Baseboard work. In the case the existing baseboards are not able to work around, the City wishes to add a baseboard clause for work not to exceed $10,000.00 (in addition to the $100,570 outlined above for the carpet work). Inclusion of this baseboard work, if necessary, will be approved via separate written approval from the City.

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

CITY OF OROVILLE Carpet Galore Inc
Ron Scott
By: ____________________________ By: _____________________________ David Pittman, Mayor Ron Scott, Owner
APPROVED AS TO FORM: ATTEST:

By: ____________________________ By:
_____________________________
Scott E. Huber, City Attorney Brian Ring, City Clerk
57 Item 2.

AGREEMENT NO.

Attachments:Exhibit A: Scope of Services
Exhibit B: Insurance Requirements
58 Item 2.

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employee’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the Contractor’s profession.

Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

4. Errors and Omissions Liability: $1,000,000 per occurrence. 59 Item 2.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insured's as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 60 Item 2.

EXHIBIT A
City Hall - Day Work
Carpet Galore agrees to supply and install Mohawk Visual Connections 6T470 color 839 flax in area specified by Ruth in City Hall, (reception area, clerk’s office, public works engineering office, planning division, 2 conference rooms, back conference room, 27 offices, hallways, and 8 steps)
Supply and install Mohawk Visual Connections 6T470 color 859 taupe in Council Chambers area’s specified (2 Stairs and Council Chambers).

Pull and haul away old carpet. Prep Floor as needed. Remove and reset furniture. Cut carpet tiles tight to existing base boards.

Totals: $95,768.00
Bid based off Monday thru Friday 8-5.

Bid based off Prevailing
City responsible to remove and reset chairs that are bolted to the floor in Council Chambers No baseboard price is included in bid (see baseboard work below) City Hall Night and Weekend Work (if weekend/night work is needed) Carpets Galore agrees to supply and install Mohawk Visual Connections 6T470 color 839 Flax in area specified by Ruth Duncan in City Hall (reception area, clerk’s office, public works engineering office, planning division, 2 conference rooms, back conference rooms, 27 offices, hallways, and 8 steps)
Supply and install Mohawk Visual Connections 6T470 color 859 Taupe in Council Chambers area specified (2 stairs and Council Chambers)
Pull and haul away old carpet, prep floors as needed, remove and reset furniture. Cut carpet tiles tight to existing baseboards.

Total: $100,570.00
Bid is based off nights or weekends.

Bid is based off prevailing.

City responsible to remove and reset chairs that are bolted to the floor in Council Chambers No baseboard price is included in bid.
61 Item 2.

Baseboard work
Baseboard work is not included in the above bid, but in the case the existing baseboards are not able to work around, the City wishes to add a baseboard clause for work not to exceed $10,000.00. All baseboard work will be approved as needed.

Total: $10,000.00
62 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: SECOND READING AND ADOPTION OF SAFETY ASSESSMENT

PLACARDS ORDINANCE
DATE: DECEMBER 19, 2023

SUMMARY
Second reading and adoption of an ordinance that establishes a placard system to be utilized as a safety measure during disastrous events.

DISCUSSION
The California Governor’s Office of Emergency Services, (Cal OES), provides Post-Disaster Safety Assessment Program (SAP) training to first responders, professionals, and jurisdictions who are responsible for performing safety assessment inspections of structures after a disaster. Part of the SAP training is from the Applied Technology Council publication ATC-20 regarding the proper inspection of structures, and the proper posting of placards by authorized representatives. Placards are placed on a building to protect the owner, tenant, and the general public.

Since the Loma Prieta earthquake in 1989, various placards have been used by jurisdictions to denote the condition of buildings and structures. The California Building Officials (CALBO) and OES recommend all jurisdictions adopt the ATC-20 placards in order to have a uniform placard system in place throughout the state. Adopting the placards by ordinance makes them official and enforceable by local law enforcement.

This ordinance will provide the City a standardized tool should the City experience an emergency such as fire, flood or earthquake. This Ordinance was initially introduced at the November 7, 2019 Regular City Council Meeting.

FISCAL IMPACT
None.

RECOMMENDATION
63 Item 3.

Adopt the Ordinance; and
Direct the Assistant City Clerk to publish the Ordinance Summary in a newspaper of general City circulation within fifteen days.

ATTACHMENTS

1. Ordinance

2. Placard Templates
64 Item 3.
1 Ordinance XXX – OMC Chapter 15.98 Safety Assessment Placards ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADDING A NEW CHAPTER 15.98 TO TITLE 15 OF THE MUNICIPAL CODE, RELATING TO

PLACARDS USED TO DENOTE CONDITIONS RELATING TO CONTINUED

OCCUPANCY OF BUILDINGS
The City Council of the City of Oroville does ordain as follows:

SECTION 1: Chapter 15.98 is added to Title 15 of the City of Oroville municipal code, to read:

Chapter 15.98 Safety Assessment Placards.

Sections:

15.98.010 Intent

15.98.020 Application of Provisions

15.98.030 Definitions

15.98.040 Placards
Section 15.98.010 Intent
This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment.

Section 15.98.020 Application of Provisions.
(a) The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Oroville. The Council may extend the provisions as necessary.

Section 15.98.030 Definitions.
(a) Safety assessment is a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy.

Section 15.98.040 Placards.
(a) The following are verbal descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures. Copies of actual placards are attached.
(1) INSPECTED - Lawful Occupancy Permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. 65 Item 3.
2 Ordinance XXX – OMC Chapter 15.98 Safety Assessment Placards (2) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (3) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.
(b) This ordinance number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard.
(c) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section.

SECTION 2: This ordinance shall become effective thirty (30) days after its adoption. A summary of this ordinance shall be published within fifteen (15) days after its adoption, in accordance with Section 36933 of the Government Code.

SECTION 3: Severability. If any section, clause, paragraph or sentence of this Ordinance, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not effect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable.

The foregoing ordinance was introduced and the title thereof read at the regular meeting of the City Council the 7th day of November, 2023 and by vote of the Council members present, further reading was waived.

The forgoing ordinance was duly passed and adopted by the City Council of the City of Oroville at a regular meeting thereof, this 19th day of December, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:
66 Item 3.
3 Ordinance XXX – OMC Chapter 15.98 Safety Assessment Placards APPROVED:
_____________________________
David Pittman, Mayor
ATTEST:
_________________________
Kayla Reaster, Assistant City Clerk
APPROVED AS TO FORM:

Scott Huber, City Attorney
67 Item 3.
68 Item 3.
69 Item 3.
70 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: MOU WITH CALIFORNIA OFFICE OF EMERGENCY SERVICES FOR

SUPPORTIVE SERVICES DURING AND AFTER DISASTER EVENTS
DATE: DECEMBER 19, 2023

SUMMARY
In order to receive expedited assistance from CalOES in, during and after disaster events for facility safety inspections, the City must enter into an Memorandum of Understanding (MOU) with CalOES to ensure a supportive services are provided seamlessly, without delay or interruption.

DISCUSSION
The California Governor’s Office of Emergency Services, (Cal OES), provides PostDisaster Safety Assessment Program (SAP) training to first responders, professionals, and jurisdictions who are responsible for performing safety assessment inspections of structures after a disaster.

As a result of a disaster, the City Building Official and Inspectors must perform triage of private and public structures, including residences, to ensure that damages incurred during the disaster will not compromise the health and safety of the inhabitants.

Once an MOU is executed between a City and CalOES, the process to receive support is streamlined and expedited. After a disaster, CalOES dispatches teams of inspectors to make determinations as quickly as possible to allow all those whose properties have been deemed safe for reentry to get back into their homes.

FISCAL IMPACT
None.

RECOMMENDATION
Authorize Mayor to execute an MOU with CalOES to provide supplemental inspection services in the wake of a disaster event.

ATTACHMENTS
Memorandum of Understanding
71 Item 4.
72 Item 4.

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF OROVILLE
AND
THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES OF THE STATE OF

CALIFORNIA OF THE UNITED STATES OF AMERICA
The City of Oroville (“Requesting Jurisdiction”) and the California Governor’s Office of Emergency Services (Cal OES) of the State of California of the United States of America, hereinafter referred to as “the Participants”; WHEREAS, the safety of the people of the State of California is of the utmost importance at all levels of state and local government; WHEREAS, the State of California and the Federal Emergency Management Agency (FEMA) recognize the importance of written mutual aid agreements to facilitate response, recovery, and reimbursement;
WHEREAS, the Safety Assessment Program (SAP) utilizes volunteers and mutual aid personnel to provide licensed professional engineers, architects, geologists, certified building inspectors, certified public works inspectors, and SAP Coordinators, hereinafter referred to as “SAP personnel”, to assist local governments in safety evaluation of their built environment in the aftermath of a disaster;
WHEREAS, SAP is intended to help local governments perform facility safety evaluations as quickly as possible; and
WHEREAS, the Participants seek to enter into this Memorandum of Understanding to request or provide SAP resources and personnel from each other in the event of a disaster.

Therefore, the Participants have reached the following understanding:

SECTION I
Objective
To establish a framework between the Participants for the provision of SAP personnel, managed by Cal OES, to be provided to the City of Oroville for the purpose of conducting safety assessments.

SECTION II
Specific Activities
73 Item 4.

Responsibilities of each Participant and specific provisions regarding worker’s compensation and immunity are set forth as follows.

A. Requesting Jurisdiction Responsibilities

1. Provide Cal OES with the number of SAP evaluators Cal OES is requesting and their preferred expertise, such as the number of licensed civil, structural, or geotechnical engineers, licensed architects, or certified building inspectors being requested;

2. Provide Cal OES with the number of days the SAP personnel will be needed, the date and time of arrival, and reporting location

3. Be responsible for reasonable lodging, travel, and per diem costs for meals not provided of the volunteer SAP personnel deployed by Cal OES in response to the disaster or emergency, if applicable;

4. Be responsible for the hourly wages and overtime of local government SAP personnel deployed by Cal OES in response to the disaster or emergency, in addition to their reasonable lodging, travel, and per diem costs, if applicable;

5. Not be required to reimburse State SAP personnel;

6. The SAP personnel will be under the authority of the Requesting Jurisdiction once deputized by the Requesting Jurisdiction as deputy building inspectors, after which time the SAP personnel will be permitted to post official placards under the authority of the local jurisdiction;

7. Utilize SAP personnel only to evaluate building and/or infrastructure viability;

8. Maintain daily activity of all who participate in the SAP deployment on an ICS 214 Activity Log, including time of arrival and time of departure for the duration of the deployment and to provide copies of the ICS 214’s to the state and federal disaster recovery specialists upon request;

9. Track and document costs to conduct safety assessments and support SAP personnel;

10.Upon completion of the SAP mobilization, all SAP personnel will be safely demobilized in accordance with standard emergency management best practices;

11.Upon completion of the SAP mobilization, pay all outstanding costs;

12.Not use SAP personnel to estimate building damage repair costs; 74 Item 4.

13.Not use SAP personnel for retrieval of possessions from privately or publicly owned buildings;

14.Keep records of the hours that the volunteers spent in the field, the normal hourly wage of each volunteer, and the volunteers’ names, if it chooses to use the donated labor of SAP volunteers to offset their non-federal cost share; and

15.Will immediately report any injuries of SAP personnel to the Statewide Safety Assessment Program Coordinator.

B. Cal OES Responsibilities

1. Make reasonable efforts to provide SAP personnel to the Requesting Jurisdiction;

2. Coordinate contacting SAP personnel and consolidating names to provide to the City of Oroville; and

3. For the purpose of deploying SAP personnel, provide all deployment information furnished by the City of Oroville to SAP personnel, including but not limited to City of Oroville Points of Contact, lodging location(s), and initial location to report for work.

B. Worker’s Compensation and Immunity

1. To the extent permitted under California law, State SAP personnel and volunteers will be covered for worker’s compensation by the State of California worker’s compensation law, and local jurisdiction SAP personnel will be covered for worker’s compensation through their own jurisdiction.

2. To the extent permitted by law, SAP personnel may have immunity from liability in accordance with the California Emergency Services Act Government Code section 8657(a), and the California Business and Professions Code sections 5536.27 and 6706. SAP personnel will also obtain immunity from liability by virtue of being deputized by the 75 Item 4.

Requesting Jurisdiction. Nothing in this section shall provide immunity for intentional acts, gross negligence or willful misconduct, or any conduct outside the course and scope of official duties, or wherever else immunity is prohibited under California law.

SECTION III
Points of Contact
The City of Oroville and Cal OES will also serve as the respective contact points for communication and information exchange, as well as any notice required to be submitted under this Memorandum of Understanding.

Cal OES: Alora Franco, Statewide Safety Assessment Program Coordinator Email: [email protected]
Phone: (916) 328-7711 OR Mobile: (916) 539-5245
Gurbir Singh, Statewide Safety Assessment Program Coordinator Email: [email protected] or [email protected]
Mobile: (916) 823-6790
Jim Barnes, Statewide Safety Assessment Program Coordinator Email: [email protected] Mobile: (916) 856-9922
City of Oroville: Brian Ring, City Administrator, Director of Emergency Services Email: [email protected]
Phone: (530) 538-2433 OR Mobile: (530) 521-0096
Patrick Piatt, Community Development Director
Email: [email protected]
Phone: (530) 538-2402 OR Mobile: (909) 227-9391

SECTION IV
No Legal Obligations, Rights, or Remedies
This Memorandum of Understanding is a voluntary initiative. It does not create any legally binding rights or obligations and creates no legally cognizable or enforceable rights or remedies, legal or equitable, in any forum whatsoever. In addition, the pledges in this Memorandum of Understanding are not conditioned upon reciprocal actions by other Participants; each Participant retains full discretion over implementation of its pledges in light of the Participant’s individual circumstances, laws, and policies; and each Participant is free to withdraw from the Memorandum.
76 Item 4.

SECTION V
Availability of Personnel and Resources
This Memorandum of Understanding does not involve the exchange of funds, nor does it represent any obligation of funds by either Participant. All costs that may arise from activities covered by, mentioned in, or pursuant to this Memorandum of Understanding will be assumed by the Participant who incurs them, unless otherwise stipulated and decided pursuant to a future written arrangement. All activities undertaken pursuant to this Memorandum of Understanding are subject to the availability of funds, personnel, and other resources of each Participant.

The personnel designated by a Participant for the execution of this Memorandum of Understanding will work under the orders and responsibility of the Participant and any other organization or institution to which they belong, at all times maintaining any preexisting employment relationship with the Participant and such organization or institution. Their work will not create an employer-employee relationship with another Participant or any other organization or institution, so in no case will that other Participant, or other organization or institution, be considered as a substitute or joint employer of the designated personnel.

SECTION VI
Compliance with Applicable Laws
All activities undertaken pursuant to this Memorandum of Understanding, and all personnel designated by the Participants for the execution of those activities undertaken pursuant to this Memorandum of Understanding are subject to all laws applicable in the jurisdiction where the activities are performed. Such personnel, if visiting the other Participant to participate in an activity pursuant to this Memorandum of Understanding, will not engage in any activity detrimental to this Memorandum of Understanding.

SECTION VII
Interpretation and Application
Any difference that may arise in relation to the interpretation or application of this Memorandum of Understanding will be resolved through consultations between the Participants, who will endeavor in good faith to resolve such differences.

SECTION VIII
Final Provisions
This Memorandum of Understanding is effective from the date of its signature, for a two (2) year period, unless renewed or extended by the Participants in the same 77 Item 4.
manner that the Participants may otherwise modify this Memorandum of Understanding.

This Memorandum of Understanding may be modified at any time by mutual consent of the Participants. Any modification shall be made in writing and specify the date on which such modification is to become effective.

Any of the Participants may at any time, withdraw from this Memorandum of Understanding by providing a written notice to the other Participant 30 days in advance.

The termination of this Memorandum of Understanding shall not affect the conclusion of the cooperation activities that may have been initiated during the time this Memorandum of Understanding is in effect, unless the Participants mutually decide otherwise.

Signed in the City of Oroville on [Date], in two original copies English. Both texts are equally valid.

FOR THE CITY OF OROVILLE FOR THE CALIFORNIA GOVERNOR’S

OFFICE OF EMERGENCY SERVICES

OF THE STATE OF CALIFORNIA OF

THE UNITED STATES OF AMERICA
(CAL OES)
__________________________
David Pittman
Mayor
_____________________________
78 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF BUTTE

FOR FUNDING FOR MISSION ESPERANZA PROJECT
DATE: DECEMBER 19, 2023

SUMMARY
The Council will consider approving a memorandum of understanding (MOU) with the Couty of Butte, to provide funding in support of the Mission Esperanza project.

DISCUSSION
At its regularly scheduled May 23, 2023 Board of Supervisors meeting, the Butte County Board of Supervisors committed $500,000 of one-time American Rescue Plan Act (ARPA) funding to the City, to assist with the Mission Esperanza project. Specifically, the project will provide emergency shelter services in the form of 30 pallet shelters, 40 congregate beds, safe tent site, parking spaces and wraparound services for those experiencing homelessness. Staff recommend the approval of the MOU between the County and the City which articulates the responsibilities of each entity.

FISCAL IMPACT
Agreement will provide $500,000 in funding necessary for the Mission Esperanza project.

RECOMMENDATION
Authorize the City Administrator to sign MOU.

ATTACHMENTS
Memorandum of Understanding
79 Item 5.

MEMORANDUM OF UNDERSTANDING

FOR COLLABORATION BETWEEN
THE CITY OF OROVILLE and

COUNTY OF BUTTE
This MEMORANDUM OF UNDERSTANDING ("MOU") is entered into this 12 day of December, 2023, by and between the CITY OF OROVILLE, a California municipal corporation ("City"), and COUNTY OF BUTTE, a political subdivision of the State of California ("County").

City and County may be referred to herein individually as "Party" and collectively as "Parties".

WHEREAS, the City, and the Oroville Rescue Mission, in partnership with the County, will be utilizing City-leased property located at 4248 Lincoln Boulevard, Oroville, CA (APN 035- 200-034) ("Property") for a Navigation Center known as Mission Esperanza (“Site”) that will increase the capacity of congregate and non-congregate units to provide both wraparound services with the support community partners and temporary housing for those experiencing homelessness in the City of Oroville; and
WHEREAS, through the utilization of the Encampment Resolution grant, American Rescue Plan Act funding from the County and the City, and various other funding sources, mentioned here by reference only, the Site, through the Homelessness Outreach and Services Team, shall serve as a first step to go beyond the provision of housing and assist individuals and families to connect to providers to graduate those experiencing homelessness out of homelessness ("Concept"); and WHEREAS, at its meeting on May 23, 2023, the Butte County Board of Supervisors confirmed its intent to participate in the Concept and agreed to utilize American Rescue Plan Act funds in the amount of $500,000 ("Funds") which shall assist the City in development activities, including construction, rehabilitation, and the purchase of non-congregate pallet shelter units from Pallet SPC for the property; and
NOW THEREFORE, PARTIES mutually agree to the following:

A. Purpose
The purpose of this MOU is to establish the roles and responsibilities of the Parties as they collaborate to further develop the Concept and is an expression of the Parties’ good faith intent to enter into an agreement regarding the City’s use of the funds for the Concept.

B. Parties' Responsibilities
l. During the term of this MOU, City, in furtherance of the development of the Concept, agrees to the following:
80 Item 5.

• Purchase 30, 100 square foot, non-congregate, climate controlled, locking pallet shelters that house up to two people per unit.
• Provide 40 congregate beds, five safe tent sites, and five safe parking spaces for those experiencing homelessness.
• Provide on the Property bathrooms, handwashing stations or bathroom sinks, access to showers, toilets, a shade tent, a food service area, waste receptacles and waste services, designated smoking area, bike storage, pet run, site lighting, access to potable water, designated area for additional programs, electrical for shelters and charging stations, all monthly utility costs, and perimeter fencing.
• Provide a privacy fence of minimum height of six feet along the west, south, and north borders of the Property.
• Provide an onsite location for Butte County Department of Employment and Social Services and Butte County Department of Behavioral Health to provide services to clients/residents. • Provide on Site access to services and treatment by way of designated staff that link individuals experiencing homelessness to resources while in a safe and supporting environment. • Provide a Navigation Center that offers outreach, engagement, case management, emergency and bridge housing, housing navigation, postal services, referrals to public services, shelter, food, transportation to appointments, and clothing.
• Comply with all required American Rescue Plan Act, Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) Reporting and Compliance requirements which include but are not limited to l) identifying the amount of the total funds allocated to evidence-based interventions; and 2) reporting on project demographic distribution; and 3) providing project descriptions that include expenditures breakdown, project status and civil rights compliance. The funding for said Concept qualifies under section 2.18 Housing Support: Other Housing Assistance in the CSLFRF, 31 CFR §35.6(b)(3)(ii)(A)(1) as it is an eligible use of funding in response to the COVID19 public health emergency and its negative economic impacts. • Comply with all County CSLFRF policies and procedures, including reporting deadlines. • Comply with all other federal expenditure requirements. • Comply with all federal, State, and County audit requirements. • Actively enforce all provisions of the Conditional Use Permit, mentioned here by reference only, applicable to the Site.
• Actively investigate all code enforcement complaints related to the Site and utilize all appropriate City code and/or State law enforcement mechanisms to continually ensure the health and safety of the Site, its residents, and the surrounding area. 81 Item 5.

2. During the term of this MOU, County, in furtherance of the development of Concept, agrees to the following:
• Provide American Rescue Plan Act funds in the amount of $500,000 to the City for development activities on the Site, including construction, rehabilitation, and the purchase of 15 pallet shelters.
• File appropriate reports to the U.S. Department of the Treasury in accordance with the CSLFRF Compliance and Reporting requirements for the funding in Concept.

The term of this agreement shall end no later than the expenditure date of the American Rescue Plan Act funding on December 31, 2026.

C. Modifications, Revisions, and Termination
This MOU constitutes the entire agreement between Parties hereto, and no oral understanding not incorporated herein will be binding on any Party. This MOU may only be modified, altered, or revised, as necessary, by mutual consent of the Parties by the issuance of a written amendment, signed and dated by Parties.

If any Party determines another has violated the terms of the MOU, that Party may terminate this MOU upon 30 days' written notice.

D. Dispute Resolution
Parties to this MOU agree to implement good faith efforts and promptly meet and confer to resolve disputes arising from this MOU between the lead administrators for this MOU listed in Section J.

E. Press Releases and Communications
Parties agree not to issue any press releases or written communication regarding duties or performance under this MOU without the prior written approval of the other Party, which shall be timely and not unreasonably withheld. Parties shall be included when communicating with the press, television, radio, or any other form of media regarding duties or performance under this MOU. Participation of each Party in press/media presentations will be determined by each Party’s public relations policies. Unless a Party directs otherwise, each Party shall make specific reference to all Parties in all communications regarding this MOU. Notwithstanding the foregoing, the Parties agree and acknowledge that they are legally required to comply with the California Public Records Act (the "CPRA") (Cal. Gov't Code section 7920.000 et seq.) and that this MOU is a public record subject to the CPR-A.

F. Hold Harmless/Indemnification/Liability
Pursuant to the provisions of Section 895.4 of the California Government Code, Parties agree to indemnify and hold the other Party harmless from all liability for damage, actual or alleged, to 82 Item 5.

person or property arising out of or resulting from indemnifying Party’s acts or omissions in the performance of this MOU. In the event of third-Party loss caused by negligence, wrongful act or omission of Parties, each Party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of California Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated.

G. Severability
If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU will remain in force.

H. Counterparts
This MOU may be executed in any number of counterparts, each of which so executed will be deemed to be an original and will together constitute one and the same Agreement.

Manual signatures may be provided by facsimile, or digitally scanned and provided by electronic mail.

I. Notice Provision/MOU Lead Administrators
CITY: Brian Ring
City Administrator
Office of the City Administrator
1735 Montgomery Street
Oroville, CA 95965
With copy to: Scott Huber
City Attorney
Office of the City Attorney
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
COUNTY: Andy Pickett
Chief Administrative Officer
County of Butte
25 County Center Dr., Suite 200
Oroville, CA 95965
IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding on the date set forth above.
83 Item 5.

CITY: COUNTY:
________________________________ ________________________________ Brian Ring, City Administrator Tod Kimmelshue, Chair
Board of Supervisors
84 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: KAYLA REASTER, ASSISTANT CITY CLERK
RE: REVISED 2024 CITY OF OROVILLE MEETING SCHEDULE
DATE: DECEMBER 19, 2023

SUMMARY
The Council may consider adopting a revised 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.

Please note: There have been some revisions to add holidays and a couple of meetings (that were inadvertently left off).

FISCAL IMPACT
None.

RECOMMENDATION
Approve the revised City of Oroville 2024 Meeting Schedule

ATTACHMENTS
Draft City of Oroville Meeting Schedule
85 Item 6.

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OCTOBER

JULY AUGUST SEPTEMBER
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. ) Load Advisory Committee Meeting Date (held same day)
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APRIL
CITY OF OROVILLE MEETING SCHEDULE - 2024

JANUARY FEBRUARY MARCH

MAY JUNE
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NOVEMBER DECEMBER
86 Item 6.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE RELATED TO THE ADDITION OF CHAPTER 9 SECTION 6.08.102(A) a

DANGEROUS OR VICIOUS ANIMALS POLICY (FIRST READING)
DATE: DECEMBER 19, 2023

SUMMARY
The Council will receive public input on and provide direction regarding the adoption of Ordinance NO. XXXX, an ordinance on dangerous and vicious animals for the Oroville Police Department and Northwest Society for the Prevention of Cruelty to Animals (NWSPCA)

DISCUSSION
The Oroville Police Department currently contracts with the Northwest SPCA for animal control services for the City of Oroville (City). The SPCA relies upon the Oroville Municipal Code for the authority necessary to enforce animal control laws within the City limits of the City. The SPCA has made the City aware of the necessity to add additional authority to the Municipal code regarding dangerous and vicious animals.

This proposed ordinance will help define potentially dangerous, dangerous, or vicious animals. This definition of the animal will allow the animal control officer to take the appropriate steps to ensure the safety of the community by either removing the animal from the custody of the owner or by requiring the animal to be removed from the City or better confined to ensure safety. Once an animal has been deemed potentially dangerous, dangerous, or vicious, a civil process will occur to determine the outcome for the animal.

The current code does not allow for the immediate removal and detention of the animal.

The civil processes that currently exist do not allow for the confiscation of the animal if the owner is non compliant with the civil findings from the administrative hearing officer.

Currently the Municipal Code has no real enforcement mechanism. This change is necessary to ensure compliance with Civil findings to protect the community from dangerous and vicious animals with irresponsible owners. 87 Item 7.

A copy of the proposed amendment and ordinance have been attached to this report for your review and consideration. This amendment has been reviewed by the SPCA and is presented with their input and support.

RECOMMENDATION
Waive the first reading and introduce by title only Ordinance No. XXXX – AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF OROVILLE ADDING A DANGEROUS OR VICIOUS ANIMAL POLICY, AMENDING TITLE 6 TO INCLUDE CHAPTER 6.08.120(A) TO 6.08.129(D), DANGEROUS OR VICIOUS ANIMAL POLICY, FOR THE CITY OF OROVILLE; and Return to council for second reading and conduct a public hearing.

ATTACHMENTS
A. Proposed Oroville Municipal code section 6.08.120(A) to 6.08-129(D) B. City of Oroville Ordinance adding section 6.08.120(A) to 6.08.129(D) 88 Item 7.

Chapter 6.08 DOGS
(All Content Displayed)
 6.08.010 License.
 6.08.020 Running at large prohibited—Exceptions.
 6.08.030 Committing nuisances prohibited.
 6.08.040 Nuisances defined.
 6.08.050 Abatement of nuisance.
 6.08.060 Penalties.
 6.08.070 Impounding of dog.
 6.08.080 Notice of impoundment.
 6.08.090 Disposition of unredeemed dogs.
 6.08.100 Enforcement of chapter.
 6.08.110 Dog kennels prohibited—Exceptions.
 6.08.120 Vicious or ferocious dogs. DANGEROUS AND VICIOUS ANIMALS  6.08.130 Confinement and restraint of dogs under 4 months of age.  6.08.140 Price for dogs sold—Policy.
 6.08.150 Fees to be prescribed by resolution.

6.08.010 License.

A. Required—Application, Etc. It is unlawful for any person to own or keep any dog over the age of 4 months within the city without having first applied to the city finance department, not later than June 30th of each year, for a license to keep such dog, and without having obtained such license.

B. Vaccination Prerequisite to Issuance. No license shall be issued for a dog unless proof has been presented that the dog has been vaccinated against rabies at a date such that the period of time elapsing from the date of vaccination to the expiration of the registration being issued shall not exceed 30 months in the case of vaccination with chick embryo vaccine or 18 months in the case of vaccination with nerve tissue vaccine.

C. Issuance—Information to Be Shown on License. Upon the application for a dog license and the payment of the license fee as set forth in this chapter, the city finance department shall issue to the applicant a written license describing such dog. Such license shall contain the year for which it is issued, the sex of the dog, the number of the license and a statement that the license fee has been paid.

D. Tags to Be Issued With License—Affixing to Collar. At the time of issuance of the license required by this chapter, the finance department shall deliver to the 89 Item 7.
applicant a metal tag which shall have endorsed thereupon the year the license fee is paid and the number of the license. Such license tax shall be permanently affixed to a leather or other substantial collar and worn by such animal at all times.

E. Harboring Unlicensed Dogs—Failure to Produce License. It is unlawful for any person to harbor, keep or conceal any dog, within the city, upon which the license fee has not been paid and for which a written license has not been issued. It is unlawful for any person to refuse to produce a license certificate issued when called upon to do so by the chief of police, any police officer of the city, or the poundmaster of the city. (Code 1954 §§ 4.8, 4.10—4.13; Ord. 861 § 2; Ord. 1055 § 1; Ord. 1201 §§ 4, 5)

6.08.020 Running at large prohibited—Exceptions.

It is unlawful for any person owning, possessing or having the custody or control of a dog to allow or permit such dog, whether licensed or unlicensed, to be or run in or upon any public or private place or premises within the city other than those of the owner or custodian, except in the following instances:

A. Upon the private premises of another, by and with the consent of the owner of such private premises;
B. Upon a public street, sidewalk or way, while under the effective control of a person capable of controlling and who does maintain effective control of such dog at all times, to the end that such dog shall not be allowed to commit any act of nuisance. (Ord. 1050 § 1)

6.08.030 Committing nuisances prohibited.

No owner or person having the possession, custody or control of a dog within the city shall allow or permit such dog to commit a nuisance upon any public or any private property other than that of the owner or custodian or person who has accepted the custody or control of such dog; provided that this shall not apply to street gutters outside of pedestrian ways, it being the intent of this section that it shall be the duty of all persons having control of a dog to curb such dog. (Ord. 1050 § 2) 90 Item 7.

6.08.040 Nuisances defined.

The following specific acts and conditions committed by a dog are hereby declared to be unlawful and to constitute a public nuisance, and the owner or person having possession, custody or control of a dog committing any of the following shall be subject to the provisions hereof:

A. Being in or upon any public or private school grounds, except when authorized by appropriate school officials;
B. Annoying, harassing, nipping, mauling or biting any person or persons; C. If a female dog is in breedable condition, being within the city, except when confined in or upon the premises of its owner or custodian; D. Damaging or destroying any property or thing of value; E. Creating a disturbance in a neighborhood by howling, barking or making unusual noises;
F. Committing excretion on property other than the property of its owner or custodian. (Ord. 1050 § 2)

6.08.050 Abatement of nuisance.

A. When any condition prohibited herein is found to exist, the poundmaster, or authorized person, is authorized, except when such condition occurs on the owner’s premises, to impound such dog in the city animal shelter and, subject to the prior approval of the city attorney, to institute abatement proceedings against the owner of such dog in the manner provided by law.

B. If any such condition occurs on the owner’s premises, the poundmaster, or other authorized person, is authorized, subject to the prior approval of the city attorney, to institute abatement proceedings against the owner of such dog in the manner provided by law.

C. The remedy herein provided is nonexclusive and in addition to any other penalty provided for a violation of law. (Ord. 1050 § 2)
91 Item 7.

6.08.060 Penalties.

Any person violating any provisions of Sections 6.08.020 to 6.08.050 shall be guilty of an infraction punishable by a fine of not less than $_____* for the first offense occurring during the license year defined in this chapter, of not less than $_____* for a second offense during such license year, and of not less than $_____* for a third or subsequent offense occurring in such license year. (Ord. 1050 § 2; Ord. 1102 § 2; Ord. 1201 § 6)
* See Master Fee Schedule for current amount.

6.08.070 Impounding of dog.

It shall be the duty of the poundmaster to impound all dogs caught running at large anywhere within the city contrary to the provisions of this chapter or upon which a license has not been paid or is not displayed as required by Section 6.08.010(D). (Code 1954 § 4.16)

6.08.080 Notice of impoundment.

Upon the taking up of any dog under Section 6.08.070, the poundmaster shall, within 24 hours of impoundment, post a notice of impoundment containing a description of such dog. Such notice shall be posted at the pound and also at the police station. (Code 1954 § 4.17)

6.08.090 Disposition of unredeemed dogs.

Unless called for and redeemed within the third day following impoundment, as provided by the preceding section, any dog taken up under the provisions of this chapter shall be disposed of by the poundmaster. (Code 1954 § 4.19)

6.08.100 Enforcement of chapter.
92 Item 7.

It shall be the duty of the chief of police, all police officers of the city and the poundmaster, under the direction of the chief of police to enforce this chapter. (Code 1954 § 4.20)

6.08.110 Dog kennels prohibited—Exceptions.

It is unlawful for any property owner to permit, maintain or keep more than 3 dogs over the age of 3 months, except under the provisions of Section 17.16.120. (Code 1954 § 4.21; Ord. 1273 § 1; Ord. 1625 § 1; Ord. 1750 § 2)

6.08.120 Vicious or ferocious dogs.

It is unlawful for any person to keep or to allow to remain within the city any dog of a known vicious or ferocious tendency or character, unless such dog is muzzled at all times and on a leash, or is confined to a pen or other enclosure adequate to contain it.

6.08.120(A) Purpose
This chapter is intended to reduce the risk of attacks or bites by dogs and other animals.

6.08.120 (B) Definitions
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

A. The following circumstances shall be deemed to be “mitigations.” Mitigation shall be a factor in consideration of whether an animal is potentially dangerous, dangerous, or vicious but will be weighed with other circumstances in the making of that determination, including, but not limited to, circumstances such as the nature of the trespass, the age of the trespasser, and the training of the animal in the use of deadly force. Mitigation shall not be considered if the animal has been trained to attack in a manner which will violate any other provision of law.

B. A person is “peaceably and lawfully upon the private property of an owner or possessor of the animal” when he or she is on such property in the performance of any duty imposed upon him or her by the laws of this State or any city or county, or by the 93 Item 7.
laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied.

C. “Proper enclosure of a dangerous animal” means that a dangerous animal shall be securely and humanely confined on the owner’s property:

1. Within a fence line or structure suitable to prevent the entry of young children, and which is suitable to confine a dangerous animal in conjunction with other measures which shall be taken by the owner or keeper of the animal, such as keeping the animal held securely on a chain. The enclosure shall be designed in order to prevent the animal from escaping; or

2. In an enclosed and locked (with a key or combination lock) pen or structure, suitable to prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top which protects the animal from the elements. All sides must be embedded into the ground no less than two (2' 0") feet unless the bottom is adequately secured to the sides. The structure must be kept in a clean and sanitary condition and provide adequate light and ventilation. The enclosure shall not be less than five (5' 0") feet by ten (10' 0") feet, and not less than six (6' 0") feet high.

D. “Severe injury” means any physical injury to a human being or other animal that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.

E. “When unprovoked” means that the person who has suffered the injury has not caused nor been a party to any act of teasing, tormenting, abusing, or assaulting the animal, which act of teasing, tormenting, abusing, or assaulting resulted in the animal inflicting injury on that person.

6.08.121 Investigation, confinement, seizures and impoundment.

A. Whenever an animal suspected of being dangerous or vicious is reported, an Animal Control Officer shall investigate the circumstances and if he or she finds that the animal shows a propensity to attack, bite, scratch, or harass people or other animals without provocation, or displays any other such behavior, he or she shall notify the owner in writing, stating all the facts and circumstances. An Animal Control Officer may order that the animal be kept within a substantial enclosure, securely leashed or otherwise controlled.
94 Item 7.

B. If the Animal Control Officer has probable cause to believe an animal may be designated as “dangerous” or “vicious” under this title, the owner is unwilling or unable to properly contain and/or control the animal immediately, and the animal poses an immediate threat to the safety of persons or domestic animals, the animal can be seized, pending the outcome of hearing or appeal; or during the period of time the owner requires to comply with any requirements imposed hereunder, the animal shall be kept at the animal shelter facility at the owner’s expense.

C. The animal’s owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not potentially dangerous or vicious, or not subject to destruction. An animal held under the provisions of this section shall not be released until the owner pays all charges as specified in OMC Sections 6.08.120(A) through 6.08.122. If the owner refuses to pay such charges, the animal shall be treated as unredeemed by the owner, and disposed of pursuant to OMC Section 6.08.125. Disposal of the animal does not release the owner from his or her responsibility to pay the keeping charges.

6.08.122 Dangerous animals.

A. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed dangerous:

1. Any animal that chases or approaches any person or domestic animal, anywhere other than on the property of the owner or custodian, in a menacing fashion or apparent attitude of attack, including, but not limited to, behavior such as growling or snarling;

2. Any animal which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or keeper of the animal;

3. Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in OMC Section 6.08.120 (B) (D);

4. Any animal which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking any other animal off the property of the owner or keeper of the animal.

B. An Animal Control Officer may issue a notice designating an animal exhibiting the aforementioned characteristics as dangerous and may recommend that the animal’s owner take certain actions to prevent future injury by the animal, notwithstanding 95 Item 7.
exceptions as provided for in Section 31626 of the Food and Agriculture Code. Such designation shall be subject to a hearing as provided for in OMC Section 6.08.125.

6.08.123 Vicious animals.

Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious:

A. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being, in a place where such person is conducting himself or herself peacefully and lawfully;
B. An animal which has been trained to fight or which is owned or harbored for this purpose;
C. Any animal previously determined to be and currently listed as a dangerous animal which, after its owner or keeper has been notified of this determination, continues the behavior described in OMC Section 6.08.122 or this section, or is maintained in violation of OMC Section 6.08.120(A).

6.08.124 Destruction of vicious animal.

After the notice and hearing provided for in OMC Section 6.08.125, Animal Control may further find, in writing with supporting reasons, that an animal is so vicious, or that other special circumstances exist, such that maintaining the animal poses a substantial threat to public health and safety. Ten (10) days after mailing notice of a finding under this section, Animal Control may dispose of any vicious animal by humanely destroying it by injection.

6.08.125 Determination of potentially dangerous or vicious animal – Hearing.

A. An animal which exhibits any behavior described in OMC Sections 6.08.122 through 6.08.123, inclusive, may be determined to be a dangerous or vicious animal. The status shall be established after a hearing as hereinafter provided. Proceedings may be instituted by:

1. Observation by an Animal Control Officer;

2. A complaint sworn by a person or persons who observed the behavior complained of.
96 Item 7.

B. Hearings for classification as “dangerous” or “vicious” shall be conducted as follows:

1. The owner shall be given written notice, by first class mail with return receipt requested, or personal service, of the facts which are the bases of the complaint and notice of a hearing. The owner shall be notified of the restrictions which will apply to the animal if it is classified as a dangerous or vicious animal.

2. The owner may waive his or her right to a hearing by filing a written waiver with Animal Control, whereupon Animal Control shall make the findings and apply the sanctions provided in this title.

3. Any hearing shall be set not less than five (5) business days nor more than ten (10) business days after the notice was mailed to the owner by first class return receipt mail or the owner was personally served, unless the animal has been seized, in which case the hearing must be conducted not later than ten (10) business days after the seizure.

4. If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.

5. The hearing shall be conducted before a hearing officer. The appointment of the hearing officer shall be by the City Attorney. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. The City Attorney shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the City of Oroville as hearing officers and for the disqualification of hearing officers.

6. The hearing officer may continue hearings, based on good cause, as established by one (1) of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.

7. The hearing officer shall consider all relevant evidence presented at the hearing. The formal rules of evidence shall not apply. The hearing officer shall also consider circumstances of mitigation, as well as the owner’s and animal’s history. If the hearing is held as a result of a sworn complaint, at least one (1) of the complainants shall appear and testify at the hearing or the complaint shall be dismissed.
97 Item 7.

8. After the hearing, the owner or keeper of the animal shall be notified in writing of the determination and orders issued, either personally or by first class return receipt mail. The hearing officer shall make a written determination within fifteen (15) days after the hearing is concluded, unless the animal has been seized, in which case the determination shall be made in seven (7) days. The decision of the hearing officer shall be final. The complainant, if any, shall be provided with a copy of the determination of the hearing officer.

9. Within five (5) days of the receipt of the notice of determination, either the City or the owner or keeper of the animal may appeal the decision of the hearing officer to the superior court having jurisdiction over the matter. The party appealing the determination shall serve personally or by first class return receipt mail, notice of the appeal on the other party. Any such appeal shall be by trial de novo.

10. The determination of the court hearing the appeal shall be final and conclusive upon all parties.

C. If an animal is determined to be vicious, the animal shall be immediately removed from corporate limits of the City. If an animal is designated “dangerous,” the following sanctions shall be applied:

1. Reserved.

2. A dangerous animal shall be securely confined in an enclosure as described in OMC Section 6.08.120 (b) or in the dwelling while on the owner’s or custodian’s property. The owner shall conspicuously display signs with a symbol warning of the presence of a dangerous animal.

3. While off the owner’s premises, a dangerous animal shall at all times be restrained by a substantial chain or leash not exceeding three (3' 0") feet in length, be capable of restraining four (4) times the weight of the animal, and held by and under the control of a responsible adult.

4. All dangerous animals shall be properly licensed, microchipped and vaccinated. In addition, the City shall license the animal as a “Dangerous Animal” and place the information in the licensing records of such animal, and the owner shall pay a thirty-six (36) month dangerous animal licensing fee. The fee shall be established from time to time by resolution of the City Council.
98 Item 7.

5. A dangerous dog shall be spayed or neutered, at the owner’s expense, within thirty (30) days of a dangerous animal determination.

6. An Animal Control Supervisor and/or designee is authorized to make whatever inspections he or she deems necessary to ensure compliance with these provisions.

7. The animal must be securely muzzled while off the owner’s property at all times. The muzzle must be constructed to allow normal respiration but impossible for the animal to remove without human assistance.

8. The owner of the animal shall enroll the animal in an obedience class that addresses the animal’s behavior. The course must be no less than eight (8) weeks and must be provided through a certified trainer. Proof of successful completion must be provided to Animal Control by the animal owner immediately following completion of the class. The owner of the animal shall be responsible for all fees and charges to attend the class.

9. The owner of the animal shall complete a “dangerous animal permit” application and pay in full the permit fee. The fee is established by resolution of City Council.

10. The owner shall obtain and provide evidence of a public liability insurance policy from an insurer licensed to practice in the State of California, in a single incident amount of not less than One Hundred Thousand and no/100ths ($100,000.00) Dollars, for injury or death of any person or persons, or loss or damage to any property caused by or resulting from any act of the animal. The Chief of Police shall be notified in writing at least ten (10) days prior to the cancellation or renewal of the policy.

D. Failure to maintain any animal found to be dangerous consistent with the provision of this section shall constitute a misdemeanor, punishable as set forth in OMC Section 6.08.120 (b)

6.08.126 Time limit to meet requirements.

All requirements for owners of dangerous animals must be satisfied within thirty (30) days of issuing a notice of designation as set forth in OMC Section 6.08.122 (B), unless otherwise specified, in the permit. Satisfactory proof of compliance must be provided to Animal Control. If all requirements for owners of dangerous animals are not satisfied within thirty (30) days of the notice of designation, or the owner is unable or unwilling to implement them, the animal shall be humanely euthanized either by an 99 Item 7.

Animal Control Officer or by a licensed veterinarian. Proof of euthanasia shall be provided to an Animal Control Officer within three (3) days of its occurrence. [Ord. 4- 2013 §6, eff. 4-12-2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7- 2008]

6.08.127 Dogs to be kept under control at all times.

Even if the owner is in compliance with the regulations for keeping such a dangerous animal, if such animal attacks, bites, causes injury, or otherwise threatens the safety of a human being or domestic animal, then such animal shall be immediately impounded at the animal shelter and be subject to destruction.

6.08.128 Impoundment authorized.

If upon receiving written notification the owner fails to restrain or control a dangerous animal, as ordered, the owner is in violation of this title and an Animal Control Officer is empowered to seize and impound or destroy the animal.

6.08.129 Compliance required – Violation.

Failure of any owner to comply with the provisions of this chapter relating to the keeping, harboring, owning, possessing, or controlling of any dangerous or vicious animals shall constitute a misdemeanor.

6.08.129 (A) Exception.

Nothing in this chapter shall limit the right of any person or officer to take any proceedings against a dangerous or vicious animal or the owner thereof otherwise permitted or provided by State law.

6.08.129 (B) Restriction on future ownership.

A. Any person who owns, possesses, keeps or harbors an animal determined to be dangerous or vicious pursuant to this title may, after opportunity for hearing and a finding of good cause by an Animal Control Officer, be subject to restrictions on the ownership of other animals of the species for a period of five (5) years after the original determination of dangerous.

B. At least fifteen (15) days prior to imposition of restrictions, an Animal Control Officer shall mail or otherwise deliver to the person on whom restrictions are proposed a notice containing a statement of the reasons supporting the imposition of restrictions and specifying the proposed restrictions and notice of the person’s right to request, in writing within five (5) days of receipt of the notice, a hearing before the 100
Item 7.
hearing officer as to the existence of good cause for imposition of restrictions. If a hearing is requested, the City shall mail or otherwise deliver to the requesting party notice of the time and place of the hearing. If, after the hearing, the hearing officer determines that good cause for restrictions exists, he or she shall impose the specific restrictions within ten (10) days after mailing notice of the decision. If no hearing is requested, the Animal Control Officer shall impose restrictions within fifteen (15) days of the original notice.

6.08.129 (C) Removal of designation.

A. If there are no additional instances of the behavior described in OMC Section 6.08.122 or 6.08.123 within a thirty-six (36) month period from the date of designation as a dangerous animal, the animal shall be removed from the list of dangerous animals.

B. The owner of a dangerous animal shall notify Animal Control immediately if said animal is loose, unconfined, has attacked another animal or human being, or has died or if moved to a new location within the corporate limits of the City of Oroville for purposes of re-inspection of the animal’s enclosure.

C. A dangerous animal shall not be sold, bartered, given away, or placed in a new home without prior notification of and approval by Animal Control. Any new owner must comply with the requirements of this section. If the animal in question dies, or is sold, transferred, or permanently removed from the city where the owner or keeper resides, the owner of the dangerous animal shall notify Animal Control of the changed condition and new location of the animal in writing within two (2) business days.

6.08.129 (D) Permit for dangerous animal required.

Upon receipt of a permit application to keep a dangerous animal, an Animal Control Officer may investigate the application and, after permit fees have been paid, may grant a City permit if, in his or her discretion, he or she finds the following conditions are satisfied:

A. All aspects of OMC Section 6.08.127 have been met;
B. The animal will not create any detriment or danger to the peace, health, or safety of the people in the vicinity of the location the animal will be kept; C. Possession and maintenance of the animal at the location has not resulted in and is not likely to result in an animal being subjected to neglect, suffering, cruelty, or abuse;
101
Item 7.

D. The location where the animal is possessed or maintained is kept clean and sanitary, and the animal is provided with proper and adequate food, water, ventilation, housing, and care at all times;
E. Neither the applicant, owners, nor the possessor of the animal has had a City dangerous animal permit or any other license required under this title revoked, or been convicted of a violation of this title or any law regulating animals within three (3) years;
F. The animal shall not be possessed nor maintained at any other location than that expressed on the permit.

6.08.130 Confinement and restraint of dogs under 4 months of age.

All dogs under 4 months of age shall be confined to the premises of, or kept under physical restraint by, the
owner, keeper or harborer. Nothing in this chapter shall be construed to prevent the sale or transportation of a puppy 4 months old or younger. (Ord. 929 § 1)

6.08.140 Price for dogs sold—Policy.

The price for which dogs are to be sold in accordance with the foregoing provisions herein shall be as set forth and established per the policy of the city administrator. (Ord. 1073 § 5)

6.08.150 Fees to be prescribed by resolution.

It is further ordained that the fees for the licensing, care and control of animals shall be prescribed by city resolution. (Ord. 1102 § 3)
102
Item 7.

CITY OF OROVILLE
ORDINANCE NO. ___
AN ORDINANCE ADDING SECTION 6.08.120(A) TO THE OROVILLE MUNCIPAL CODE

RELATING TO DANGEROUS OR VICIOUS ANIMALS
SECTION 1. Findings. The City Council of the City of Oroville finds:

A. The City of Oroville contracts with the Northwest for animal control services, these services are facilitate through the Oroville Police Department.

B. The Oroville City Council sets policy through the adoption of ordinances to amend the Municipal Code for the City of Oroville, at a regular meeting held pursuant to open meeting laws.

C. The City Council is the governing body of a City. The City Council sets laws, rules, guidelines, responsibilities, restrictions, penalties and consequences for animal ownership to ensure the safety of all community members.

D. The proposed Dangerous or Vicious animal policy enacted by this Ordinance will be maintained by the Oroville Police Department.

E. The proposed Dangerous or Vicious animal policy enacted by this Ordinance will be published prior to enactment and will be reviewed as necessary by the City Council.

SECTION 2. Chapter 6.08.120(A) of the Oroville Municipal Code is added to read as follows:

Chapter 6.08.120(A)
“Dangerous or Vicious Animals” ORDINANCE
Sections:

6.08.120(A) Purpose

6.08.120(B) Definitions

6.08.121 Investigation, confinement, seizures and impoundment

6.02.122 Dangerous animals

6.08.123 Vicious animals

6.08.124 Destruction of vicious animal

6.08.125 Determination of potentially dangerous or vicious animal - Hearing

6.08.126 Time limit to meet requirements

6.08.127 Dogs to be kept under control at all times

6.08.128 Impoundment authorized

6.08.129 Compliance required – Violation

6.08.129 (A) Exception

6.08.129 (B) Restriction on future ownership

6.08.129 (C) Removal of designation

6.08.129 (D) Permit for dangerous animals required
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6.08.120(A) Purpose
This chapter is intended to reduce the risk of attacks or bites by dogs and other animals.

6.08.120 (B) Definitions
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

A. The following circumstances shall be deemed to be “mitigations.” Mitigation shall be a factor in consideration of whether an animal is potentially dangerous, dangerous, or vicious but will be weighed with other circumstances in the making of that determination, including, but not limited to, circumstances such as the nature of the trespass, the age of the trespasser, and the training of the animal in the use of deadly force. Mitigation shall not be considered if the animal has been trained to attack in a manner which will violate any other provision of law.

B. A person is “peaceably and lawfully upon the private property of an owner or possessor of the animal” when he or she is on such property in the performance of any duty imposed upon him or her by the laws of this State or any city or county, or by the laws or postal regulations of the United States, or when he or she is on such property upon invitation, expressed or implied.

C. “Proper enclosure of a dangerous animal” means that a dangerous animal shall be securely and humanely confined on the owner’s property:

1. Within a fence line or structure suitable to prevent the entry of young children, and which is suitable to confine a dangerous animal in conjunction with other measures which shall be taken by the owner or keeper of the animal, such as keeping the animal held securely on a chain. The enclosure shall be designed in order to prevent the animal from escaping; or

2. In an enclosed and locked (with a key or combination lock) pen or structure, suitable to prevent the animal from escaping or the entry of unauthorized persons. The pen or structure shall have secure sides and a secure top which protects the animal from the elements. All sides must be embedded into the ground no less than two (2' 0") feet unless the bottom is adequately secured to the sides. The structure must be kept in a clean and sanitary condition and provide adequate light and ventilation. The enclosure shall not be less than five (5' 0") feet by ten (10' 0") feet, and not less than six (6' 0") feet high.

D. “Severe injury” means any physical injury to a human being or other animal that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery.
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E. “When unprovoked” means that the person who has suffered the injury has not caused nor been a party to any act of teasing, tormenting, abusing, or assaulting the animal, which act of teasing, tormenting, abusing, or assaulting resulted in the animal inflicting injury on that person.

6.08.121 Investigation, confinement, seizures and impoundment.

A. Whenever an animal suspected of being dangerous or vicious is reported, an Animal Control Officer shall investigate the circumstances and if he or she finds that the animal shows a propensity to attack, bite, scratch, or harass people or other animals without provocation, or displays any other such behavior, he or she shall notify the owner in writing, stating all the facts and circumstances. An Animal Control Officer may order that the animal be kept within a substantial enclosure, securely leashed or otherwise controlled.

B. If the Animal Control Officer has probable cause to believe an animal may be designated as “dangerous” or “vicious” under this title, the owner is unwilling or unable to properly contain and/or control the animal immediately, and the animal poses an immediate threat to the safety of persons or domestic animals, the animal can be seized, pending the outcome of hearing or appeal; or during the period of time the owner requires to comply with any requirements imposed hereunder, the animal shall be kept at the animal shelter facility at the owner’s expense.

C. The animal’s owner shall be charged for all costs incurred or fees applicable with respect to such impoundment unless a finding is made that the animal is not potentially dangerous or vicious, or not subject to destruction. An animal held under the provisions of this section shall not be released until the owner pays all charges as specified in OMC Sections 6.08.120(A) through 6.08.122. If the owner refuses to pay such charges, the animal shall be treated as unredeemed by the owner, and disposed of pursuant to OMC Section 6.08.125. Disposal of the animal does not release the owner from his or her responsibility to pay the keeping charges.

6.08.122 Dangerous animals.

A. Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed dangerous:

1. Any animal that chases or approaches any person or domestic animal, anywhere other than on the property of the owner or custodian, in a menacing fashion or apparent attitude of attack, including, but not limited to, behavior such as growling or snarling;
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2. Any animal which, when unprovoked, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off the property of the owner or keeper of the animal;

3. Any animal which, when unprovoked, bites a person causing a less severe injury than as defined in OMC Section 6.08.120 (B) (D);

4. Any animal which, when unprovoked, has killed, seriously bitten, inflicted injury, or otherwise caused injury attacking any other animal off the property of the owner or keeper of the animal.

B. An Animal Control Officer may issue a notice designating an animal exhibiting the aforementioned characteristics as dangerous and may recommend that the animal’s owner take certain actions to prevent future injury by the animal, notwithstanding exceptions as provided for in Section 31626 of the Food and Agriculture Code. Such designation shall be subject to a hearing as provided for in OMC Section 6.08.125.

6.08.123 Vicious animals.

Any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any of the following behavior, is presumed vicious:

A. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being, in a place where such person is conducting himself or herself peacefully and lawfully;
B. An animal which has been trained to fight or which is owned or harbored for this purpose;
C. Any animal previously determined to be and currently listed as a dangerous animal which, after its owner or keeper has been notified of this determination, continues the behavior described in OMC Section 6.08.122 or this section, or is maintained in violation of OMC Section 6.08.120(A).

6.08.124 Destruction of vicious animal.

After the notice and hearing provided for in OMC Section 6.08.125, Animal Control may further find, in writing with supporting reasons, that an animal is so vicious, or that other special circumstances exist, such that maintaining the animal poses a substantial threat to public health and safety. Ten (10) days after mailing notice of a finding under this section, Animal Control may dispose of any vicious animal by humanely destroying it by injection.

6.08.125 Determination of potentially dangerous or vicious animal – Hearing. 106
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A. An animal which exhibits any behavior described in OMC Sections 6.08.122 through 6.08.123, inclusive, may be determined to be a dangerous or vicious animal. The status shall be established after a hearing as hereinafter provided.

Proceedings may be instituted by:

1. Observation by an Animal Control Officer;

2. A complaint sworn by a person or persons who observed the behavior complained of.

B. Hearings for classification as “dangerous” or “vicious” shall be conducted as follows:

1. The owner shall be given written notice, by first class mail with return receipt requested, or personal service, of the facts which are the bases of the complaint and notice of a hearing. The owner shall be notified of the restrictions which will apply to the animal if it is classified as a dangerous or vicious animal.

2. The owner may waive his or her right to a hearing by filing a written waiver with Animal Control, whereupon Animal Control shall make the findings and apply the sanctions provided in this title.

3. Any hearing shall be set not less than five (5) business days nor more than ten (10) business days after the notice was mailed to the owner by first class return receipt mail or the owner was personally served, unless the animal has been seized, in which case the hearing must be conducted not later than ten (10) business days after the seizure.

4. If the owner fails to appear at the hearing, the hearing shall nevertheless proceed, and an appropriate order shall be issued.

5. The hearing shall be conducted before a hearing officer. The appointment of the hearing officer shall be by the City Attorney. Any person designated to serve as a hearing officer is subject to disqualification for bias, prejudice, interest, or for any other reason for which a judge may be disqualified in a court of law. The City Attorney shall promulgate rules and procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the City of Oroville as hearing officers and for the disqualification of hearing officers.

6. The hearing officer may continue hearings, based on good cause, as established by one (1) of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.

7. The hearing officer shall consider all relevant evidence presented at the hearing.

The formal rules of evidence shall not apply. The hearing officer shall also consider 107
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circumstances of mitigation, as well as the owner’s and animal’s history. If the hearing is held as a result of a sworn complaint, at least one (1) of the complainants shall appear and testify at the hearing or the complaint shall be dismissed.

8. After the hearing, the owner or keeper of the animal shall be notified in writing of the determination and orders issued, either personally or by first class return receipt mail. The hearing officer shall make a written determination within fifteen (15) days after the hearing is concluded, unless the animal has been seized, in which case the determination shall be made in seven (7) days. The decision of the hearing officer shall be final. The complainant, if any, shall be provided with a copy of the determination of the hearing officer.

9. Within five (5) days of the receipt of the notice of determination, either the City or the owner or keeper of the animal may appeal the decision of the hearing officer to the superior court having jurisdiction over the matter. The party appealing the determination shall serve personally or by first class return receipt mail, notice of the appeal on the other party. Any such appeal shall be by trial de novo.

10. The determination of the court hearing the appeal shall be final and conclusive upon all parties.

C. If an animal is determined to be vicious, the animal shall be immediately removed from corporate limits of the City. If an animal is designated “dangerous,” the following sanctions shall be applied:

1. Reserved.

2. A dangerous animal shall be securely confined in an enclosure as described in OMC Section 6.08.120 (b) or in the dwelling while on the owner’s or custodian’s property.

The owner shall conspicuously display signs with a symbol warning of the presence of a dangerous animal.

3. While off the owner’s premises, a dangerous animal shall at all times be restrained by a substantial chain or leash not exceeding three (3' 0") feet in length, be capable of restraining four (4) times the weight of the animal, and held by and under the control of a responsible adult.

4. All dangerous animals shall be properly licensed, microchipped and vaccinated. In addition, the City shall license the animal as a “Dangerous Animal” and place the information in the licensing records of such animal, and the owner shall pay a thirtysix (36) month dangerous animal licensing fee. The fee shall be established from time to time by resolution of the City Council.
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5. A dangerous dog shall be spayed or neutered, at the owner’s expense, within thirty (30) days of a dangerous animal determination.

6. An Animal Control Supervisor and/or designee is authorized to make whatever inspections he or she deems necessary to ensure compliance with these provisions.

7. The animal must be securely muzzled while off the owner’s property at all times.

The muzzle must be constructed to allow normal respiration but impossible for the animal to remove without human assistance.

8. The owner of the animal shall enroll the animal in an obedience class that addresses the animal’s behavior. The course must be no less than eight (8) weeks and must be provided through a certified trainer. Proof of successful completion must be provided to Animal Control by the animal owner immediately following completion of the class. The owner of the animal shall be responsible for all fees and charges to attend the class.

9. The owner of the animal shall complete a “dangerous animal permit” application and pay in full the permit fee. The fee is established by resolution of City Council.

10. The owner shall obtain and provide evidence of a public liability insurance policy from an insurer licensed to practice in the State of California, in a single incident amount of not less than One Hundred Thousand and no/100ths ($100,000.00) Dollars, for injury or death of any person or persons, or loss or damage to any property caused by or resulting from any act of the animal. The Chief of Police shall be notified in writing at least ten (10) days prior to the cancellation or renewal of the policy.

D. Failure to maintain any animal found to be dangerous consistent with the provision of this section shall constitute a misdemeanor, punishable as set forth in OMC Section 6.08.120 (b)

6.08.126 Time limit to meet requirements.

All requirements for owners of dangerous animals must be satisfied within thirty (30) days of issuing a notice of designation as set forth in OMC Section 6.08.122 (B), unless otherwise specified, in the permit. Satisfactory proof of compliance must be provided to Animal Control. If all requirements for owners of dangerous animals are not satisfied within thirty (30) days of the notice of designation, or the owner is unable or unwilling to implement them, the animal shall be humanely euthanized either by an Animal Control Officer or by a licensed veterinarian. Proof of euthanasia shall be provided to an Animal Control Officer within three (3) days of its occurrence. [Ord. 4-2013 §6, eff. 4-12- 2013; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 48-2008 §3, eff. 11-7-2008]

6.08.127 Dogs to be kept under control at all times.
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Even if the owner is in compliance with the regulations for keeping such a dangerous animal, if such animal attacks, bites, causes injury, or otherwise threatens the safety of a human being or domestic animal, then such animal shall be immediately impounded at the animal shelter and be subject to destruction.

6.08.128 Impoundment authorized.

If upon receiving written notification the owner fails to restrain or control a dangerous animal, as ordered, the owner is in violation of this title and an Animal Control Officer is empowered to seize and impound or destroy the animal.

6.08.129 Compliance required – Violation.

Failure of any owner to comply with the provisions of this chapter relating to the keeping, harboring, owning, possessing, or controlling of any dangerous or vicious animals shall constitute a misdemeanor.

6.08.129 (A) Exception.

Nothing in this chapter shall limit the right of any person or officer to take any proceedings against a dangerous or vicious animal or the owner thereof otherwise permitted or provided by State law.

6.08.129 (B) Restriction on future ownership.

A. Any person who owns, possesses, keeps or harbors an animal determined to be dangerous or vicious pursuant to this title may, after opportunity for hearing and a finding of good cause by an Animal Control Officer, be subject to restrictions on the ownership of other animals of the species for a period of five (5) years after the original determination of dangerous.

B. At least fifteen (15) days prior to imposition of restrictions, an Animal Control Officer shall mail or otherwise deliver to the person on whom restrictions are proposed a notice containing a statement of the reasons supporting the imposition of restrictions and specifying the proposed restrictions and notice of the person’s right to request, in writing within five (5) days of receipt of the notice, a hearing before the hearing officer as to the existence of good cause for imposition of restrictions. If a hearing is requested, the City shall mail or otherwise deliver to the requesting party notice of the time and place of the hearing. If, after the hearing, the hearing officer determines that good cause for restrictions exists, he or she shall impose the specific restrictions within ten (10) days after mailing notice of the decision. If no hearing is requested, the Animal Control Officer shall impose restrictions within fifteen (15) days of the original notice.

6.08.129 (C) Removal of designation.
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A. If there are no additional instances of the behavior described in OMC Section 6.08.122 or 6.08.123 within a thirty-six (36) month period from the date of designation as a dangerous animal, the animal shall be removed from the list of dangerous animals.

B. The owner of a dangerous animal shall notify Animal Control immediately if said animal is loose, unconfined, has attacked another animal or human being, or has died or if moved to a new location within the corporate limits of the City of Oroville for purposes of re-inspection of the animal’s enclosure.

C. A dangerous animal shall not be sold, bartered, given away, or placed in a new home without prior notification of and approval by Animal Control. Any new owner must comply with the requirements of this section. If the animal in question dies, or is sold, transferred, or permanently removed from the city where the owner or keeper resides, the owner of the dangerous animal shall notify Animal Control of the changed condition and new location of the animal in writing within two (2) business days.

6.08.129 (D) Permit for dangerous animal required.

Upon receipt of a permit application to keep a dangerous animal, an Animal Control Officer may investigate the application and, after permit fees have been paid, may grant a City permit if, in his or her discretion, he or she finds the following conditions are satisfied:

A. All aspects of OMC Section 6.08.127 have been met;
B. The animal will not create any detriment or danger to the peace, health, or safety of the people in the vicinity of the location the animal will be kept; C. Possession and maintenance of the animal at the location has not resulted in and is not likely to result in an animal being subjected to neglect, suffering, cruelty, or abuse; D. The location where the animal is possessed or maintained is kept clean and sanitary, and the animal is provided with proper and adequate food, water, ventilation, housing, and care at all times;
E. Neither the applicant, owners, nor the possessor of the animal has had a City dangerous animal permit or any other license required under this title revoked, or been convicted of a violation of this title or any law regulating animals within three (3) years; F. The animal shall not be possessed nor maintained at any other location than that expressed on the permit.
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SECTION 3. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the City of Oroville along with the names of the members of the City Council of Oroville voting for and against same.

PASSED AND ADOPTED BY THE City Council of the City of Oroville, County of Butte, State of California, on this 5th day of December 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
David Pittman, Mayor
ATTEST:

__________________________________
Brian Ring, City Clerk
APPROVED AS TO FORM:
___________________________________
Scott E. Huber, City Attorney
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CITY OF OROVILLE

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

PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS TO

IMPLEMENT THE OROVILLE MARKETING CAMPAIGN
DATE: DECEMBER 19, 2023

SUMMARY
The Council will consider authorizing the release of a Request for Proposal (RFP) for the next phase of promoting Oroville -- in 3 distinct areas: Business Recruitment, Tourism marketing, and building Community Pride.

DISCUSSION
The goals of the Oroville marketing project are to develop a strategic marketing and branding plan that would attempt to redefine any misplaced negative perceptions that exist with regard to the City and to promote the City as a premier destination for tourism and economic development/job creation. North Star Place Branding conducted extensive research and provided the City with a recommended marketing plan that accurately portrays the region and one that resonates with residents, visitors, and businesses. All their recommendations but one was adopted by the Council on September 5, 2023. The recommended logo was subsequently re-designed through extensive citizen input and was adopted by the Council on December 5, 2023.

Using the city’s brand standards, extensive branding research, and new logo, the creative team recommends seeking one or more firms to develop and implement a sustainable and strategic marketing program addressing the three separate categories. The existing research provides clear data and recommendations in the three areas, and the team recommends finding experts to implement external marketing and internal outreach on the City’s behalf. The team considers that the most effective marketing tactics differ in the three areas – targeted industry outreach and realtor relations for business recruitment, liberal advertising plus trade show attendance for tourism, and facilitated citizen, school and group outreach to build community pride.

The RFP will be posted on the Public Purchase Web site, and will require proposals to include examples of previous work, strategies used to develop those project(s), an implementation plan to launch the strategy, and costs. The contract term will be for three (3) years. Once the proposals are submitted the team will evaluate them and return to this Council with proposed contracts.
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FISCAL IMPACT
The future funds would come from the general fund balance

RECOMMENDATION
Authorize staff to issue a Request for Proposal for Business Recruitment, Tourism, and Community Pride services for the City of Oroville.

ATTACHMENTS

1. Draft RFP

2. Contract for professional services

3. Contract insurance requirements
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1 DRAFT RFP FOR MARKETING CONSULTANTS
Introduction
The city is seeking one or more public relations firms to work with an existing creative committee and help implement a council-adopted set of marketing goals.

Oroville is developing strategies/campaigns in three areas of concentration: commercial and residential development, tourism, and community pride. The contract term will be for three (3) years. Once the proposals are submitted the team will evaluate and present to the City Council with recommendations for agreements. The city retains the option of awarding multiple contracts or not awarding any contracts at its sole discretion. Local firms are encouraged to bid.

Proposals should include:

1. Examples of previous work,

2. Strategies used to develop those projects,

3. An implementation plan to launch the strategy, and

4. Costs.

Please limit your proposals to an easily readable 30 pages, including prospectus and bios. Web links are acceptable, but there is no guarantee the reviewers will view those materials. Please include confirmation that the draft consultant contract and insurance requirements are acceptable to your firm as is or with your proposed modifications.

Bids received after January 30, 2024 will not be considered.

Scope of Work
Bidders are welcome to propose in one, two, or all three areas. Bidders should build on the city’s extensive prior work described in the Background section or explain why another approach is better.

1. Residential, Industrial and Commercial, development. This marketing area is intended to bring new market-rate housing, industrial, and commercial investment to Oroville. Tactics might, but do not necessarily include:
a. Targeted outreach to single- and multi-family market rate housing developers. The city is not interested in affordable housing, having about 900 affordable units now available to rent or under construction. The city has no current housing outreach program.
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2 b. Industrial recruitment, including targeted outreach to selected biomass and wood processors, energy and other companies that can take advantage of the massive availability of nearby forest and agricultural waste, plus our hundreds of acres of vacant industrial land with abundant power, low cost water, and natural gas availability.
c. Advertising in relevant media, direct mail, and trade show attendance dedicated to recruiting industry, retail, hotels, small business and office investment.
d. Development of collateral materials focused on the above target markets. e. Development of an image library for use during advertising, public events, the Web site, and other purposes.

Please note that the city has the benefit of an economic Development Strategy circa 2014 that was focused on recruiting industrial and retail development. The data in the strategy is clearly outdated, and the City no longer has Redevelopment or an Enterprise Zone, nor does the city have many brownfield issues. However, because the city has not experienced dramatic growth since 2014, the strategy’s focus areas are generally intact and the base strategies still relevant. Biomass is the newest industrial market opportunity. Staff may also have newer data and be willing to collect new data, depending on need.

For those interested in bidding on the industrial, commercial, and residential development area, staff will answer questions and offer our perspective. All information provided will also be made available to other potential bidders.

2. Tourism and visitor attraction. This area of development is intended to augment existing visitor attraction efforts already underway by Oroville’s partners, including Explore Butte County, the Oroville Chamber of Commerce, the Department of Water Resources, the Feather River Recreation and Parks District, the Oroville Downtown Business Association, California Parks and Recreation, the Oroville Hospital, and others. Bidders should evaluate the following and provide strategies and material for tourism attraction:
a. The extent to which Oroville’s contributions to the efforts of its visitor attraction partners are optimal, and ways to improve those relationships. b. The extent to which Oroville should develop its own visitor attraction materials, for which the city expects the selected marketing firm to utilize the recent research and sample promotional materials provided by our previous branding consultant.
c. Creating a library of imagery available for use in marketing.

3. Building community pride. This area of development is intended to provide an increased sense of pride within the Oroville community while mitigating negative 116
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3 perceptions. An outreach campaign is expected to take advantage of the recent research and sample promotional materials provided by our previous branding consultant. Tactics might but do not necessarily include:
a. Outreach to schools, civic organizations, professional associations, fraternal organizations, and nonprofits in Oroville and throughout the region.
b. Activities and programs that will increase community engagement. c. Development of collateral materials focused on building community pride. d. Local advertising and public service announcements touting local stories of success and heroism; and,
e. Clarifying that though Oroville houses the county’s criminal justice and social services functions and narratives and data points from those sources is not necessarily reflective of the Oroville community.

Background
The city has recently spent considerable resources and has extensive survey and analytical data that identify our strengths, weaknesses, opportunities, and threats. That research, which also includes detailed action recommendations, has been adopted by the City Council, and is available to bidders on Pages 129- 450 of the September 5, 2023 City Council agenda packet at https://www.cityoforoville.org/government/agendasminutes/city-council-agendas-and-minutes . Bidders are not expected to conduct additional research but should build on and help the city implement the existing recommended materials and actions. These include:
 The New City logo, font and color scheme, developed with considerable public input and approved by City Council. The selected contractor/contractors should use the logo in all collateral materials and all marketing campaigns. The recommended strapline is not adopted, allowing some level of creativity by the selected contractor in each area.
 The Oroville DNA Platform Statement:

Target Audience: For those wanting a down-to-earth, more affordable California lifestyle,
Frame of Reference: Oroville, the tenacious and scenic center of Butte County in the Sierra Foothills,
Point-of-Difference: stewards of an abundance of what the rest of California prizes: water,
Benefit: so you can reinvigorate, recreate, and relax.
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4  The Brand Narrative (intended to be used in parts as appropriate to the situation):

California has long invited folks to find themselves in the Golden State. But that generous welcome has become parched. For many, California appears unaffordable or unsustainable or worse, uninviting. But there is still a spot that can quench your thirst for California without draining your spirit or wallet. Nestled in the scenic Sierra foothills, Oroville presents California’s beauty and bounty at your front door, with the mountains and beaches just a short drive away.

Think. Thrill. Thrive. Where do we do these best? Always along the water. Any body of water.

Where do you go for adventure? For relaxation? To gather family memories? We often start with water. It draws us closer.

Lake Oroville. The Feather River. Forebay. Afterbay. Streams and tributaries.

There is water at every turn in Oroville. It is emblematic of this charming, emerging community in Northern California with a rich history and an enriching future.

From panning for golden nuggets to building great things (the state’s tallest dam), water is always at the root of what has made this community special.

Largest Salmon Hatchery in the West. Thrilling outdoor recreation. Spectacular vistas along the waterfronts and among Table Mountain wildflowers. A dynamic downtown with the historic State Theater and riverfront potential. You’ll soon discover that you belong here, and this place will belong to you.

Oroville is a generous community that is quick to respond when folks are in need. It’s where the West trains to handle and preserve power at Lineman’s College. Where people can enjoy a sense of belonging regardless of their length of stay.

It is a place of opportunity and expertise; a diverse economy and active industrial park. Oroville affords you the professional prospects and lifestyle balance that many have thought can only exist outside the state. So bring your job or find one here. Where else can you finish your work day and within minutes get on, in or along any number of favorite waterways to reinvigorate and relax? We are stewards of great resources and each other in Oroville. We invite you to be in the moment here. Your moment. We invite you to find yourself belonging along our water.
 Recommended action strategies more or less in sequence:
o Assign a brand leader – the city will consider advice from bidders on whether the brand leader should be a staff member or contractor. 118
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5 o Create a branded PowerPoint presentation for multiple audiences in each area of focus.
o Identify consumer touchpoints and brand them.
o Develop branded merchandise.
o Brand digital and social media.
o Engage city employees with the brand.
o Build community pride with the brand.
o Create cost-effective brand signage (e.g., entryways, City owned assets, wayfinding, etc.).
o Pursue and capitalize on public-private partnerships, including Explore Butte County and the Oroville Economic Alliance.
o Demonstrate the benefits of economic development and provide recruitment materials.
o Show local businesses how the brand can work for them, including with joint collateral materials.
o Invite and inspire visitors with advertising and collateral material.  A 2-YEAR Recommended Marketing Strategy with 3 potential budgets, including:
o Target audiences and outreach
o Key messages
o Sequenced brand rollout and education
o Reactivate the Oroville Economic Alliance
o Downtown activities and collaborations
o Partnerships with schools
o Targeted advertising and trade show attendance.
o Ongoing awareness and thought leadership.
o Conservative, moderate, and robust budgets to choose from o A feedback loop with suggested measurements.

Bidders are free to propose a 3-year budget and strategy to match the planned 3- year contract.
 The 2014 CDBG-funded Economic Development Strategy described above.

Copy available upon request.
 .An older “Merlot Messaging Compass” circa November 2013 with research, information, and recommendations similar to the current Brand Strategy. Copy available upon request.
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Agreement No.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of _______________ by and between the City of Oroville, a municipal corporation (“City”) and ______________________________________) (“Consultant”).

RECITALS
A. Consultant is specially trained, experienced and competent to provide the services as required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein; and
C. City desires to retain Consultant to provide administrative and technical series relating to the completion of the Housing Element Annual Report for year 2016, that includes additional reporting required pursuant to SB-341-Health and Safety Code 34176.1(f).

AGREEMENT

1. SCOPE OF SERVICES. The Consultant shall furnish but are not limited to the following services in a professional manner:
a. tbd.
b. tbd.
c. tbd.

1. TIME OF PERFORMANCE. tbd.

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

In no event shall Consultant’s compensation exceed the amount of 120
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Agreement No.

______________________, 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 invoice to City describing the work performed. Consultant’s invoice shall include a brief description of the services performed, the dates the services were performed, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made for services until the final work under this Agreement has been accepted by the City.

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

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

7. OWNERSHIP OF DOCUMENTS. All plans, studies, documents and other writings 121
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prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.

8. LICENSING OF INTELLECTUAL PROPERTY. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

9. CONFIDENTIALITY. All ideas, memoranda, specifications, plans, procedures, 122
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drawings, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

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

11. CONSULTANT’S BOOKS AND RECORDS.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or 123
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relating to charges for services, expenditures and disbursements charged to City for a minimum period of five (5) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of five (5) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, Housing and Urban Development (HUD), California State Housing and Community Development (HCD), the Inspector General or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement for a period of (5) five years or longer, from the date of termination or completion of this agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and 124
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that the records and documents be maintained by City Hall.

12. INDEPENDENT CONTRACTOR. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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

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

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. possess no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
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14. PROFESSIONAL ABILITY OF CONSULTANT. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work under this Agreement shall be performed by Consultant and shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

15. COMPLIANCE WITH LAWS. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

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

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

18. INSURANCE REQUIREMENTS. Consultant, at Consultant’s own cost and 126
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expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit “C” attached hereto.

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

If to City: Bill LaGrone City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant:
________________
_________________
________________________
_________________________

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

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

22. ASSIGNMENT AND SUBCONTRACTING. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all 127
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rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

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

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

25. CONTROLLING LAW AND 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, or in the United States District Court, Easter District of California.

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

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

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

30. PROHIBITED INTERESTS. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or 129
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person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. DISCRIMINATION ACTS AND ASSURANCES The Consultant during the performance of this Agreement assures that no otherwise qualified person, shall be excluded from participation or employ, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, and all implementing regulations.

32. SECTION 3 REQUIREMENTS The work to be performed under this Agreement is on a project assisted under a program assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of this project. The 130
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parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFG Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

The City at direction from the State, will take appropriate action pursuant to this agreement upon a finding that the Consultant or its subcontractor(s) is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135.

33. NONDISCRIMINATION CLAUSE. During the performance of this Agreement, Consultant and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Consultant shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et. seq.) And the applicable regulations promulgated thereunder (California Code of Regulation, Title 2, Section 7258.0 et. seq.) The applicable regulations of the Fair Housing Commission implementing the California Code of Regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

Consultant shall give written notice of their obligation under this clause to labor organizations with which they may have a collective bargaining or other agreement. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 131
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Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this contract.

34. EQUAL EMPLOYMENT OPPORTUNITY. In rendering the services contemplated by this agreement with CITY, Consultant shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, age, or national origin. Consultant shall comply with Title IV of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section. Consultant shall also comply with Executive Order 11246, as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR, Part 60).

Furthermore:
a. Consultant shall take affirmative action to insure that job applicants are employed and that employees are treated during employment without regard to race, religion, sex, color, age, national origin, or physical handicap. The term "affirmative action" shall include, but not be limited to:
employment, upgrading, demotion or transfer; recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
b. Consultant agrees to post such notices, to be provided, setting forth the provisions of this equal employment opportunity and affirmative action program.
c. Consultant shall in all solicitations or advertisements for employees placed by or on behalf of the Consultant state that all qualified applicants will receive consideration to employment without regard to race, religion, sex, 132
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color, age, national origin, or physical handicap. Notification that Consultant is an "Equal Opportunity Employer" or "EOE" constitutes satisfaction in this notice requirement.

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

36. COMPLIANCE WITH LABOR CODE OF STATE OF CALIFORNIA Pursuant to the provisions of Section 3700 of the Labor Code, Consultant will require every employer to be insured against liability for workman's compensation, or to undertake self-insurance in accordance with the provisions of that code, and will comply with such provisions before commencing the performance of the work of a particular agreement. Furthermore, Consultant shall also provide evidence of 133
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workmen's compensation insurance, unemployment insurance and disability insurance to cover all of Consultant's employees.

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

38. THE TRAINING, EMPLOYMENT AND CONTRACTING OPPORTUNITIES FOR

BUSINESS AND LOWER INCOME PERSONS ASSURANCE OF COMPLIANCE a. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C., 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and agreements for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.
b. The parties to this Agreement will comply with the provisions of said Section 134
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3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Agreement. The parties to this Agreement certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.
c. The Consultant will send to each labor organization or representative of workers with which there is a collective bargaining agreement or other agreement or understanding, if any, a notice advertising the said labor organization or worker's representative of the commitment under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon finding the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided a preliminary statement of ability to comply with the requirements of these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement, shall be a condition of the federal financial assistance provided to the project, binding upon the 135
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applicant or recipient for such assistance, its successors, and assigns.

Failure to fulfill these requirements shall subject the applicant or recipient, its contractor or subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or agreement through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

39. STATE NONDISCRIMINATION CLAUSE
a. During the performance of this Agreement, Consultant and its subcontractors shall not lawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code Section 12990), set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
b. This Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this 136
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agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
___________________________________
Mayor, David Pittman

CONSULTANT
_________________________________
Principal, ____________________
APPROVED AS TO FORM: ATTEST:

By:______________________________ By:__________________________ City Attorney, Scott E. Huber Assistant City Clerk, Kayla Reaster Attachments
“A” Insurance Requirements
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INSURANCE REQUIREMENTS FOR CONSULTANTS
City of Oroville
INSURANCE. Without limiting Consultant’s indemnification obligations in section 10, Consultant will procure and maintain throughout the period of this Agreement, the following policies of insurance and endorsements from insurers (if other than the State Compensation Fund) with a current A.M. Best rating of no less than A:VII or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subcontractors:

General Liability Policy. Comprehensive or Commercial General Liability Insurance (“CGL”) at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an amount of $1,000,000 per occurrence. If the Services involve explosive, underground or collapse risks, XCU will be included. If a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate will be twice the required occurrence limit.

Automobile Liability Policy. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident, combined single limit.

Workers’ Compensation. Workers’ Compensation insurance meeting statutory limits of the Labor Code. The workers’ compensation policy will contain or be endorsed to contain a waiver of subrogation against the City, its officials, officers, agents, and employees.

Professional Liability. Professional liability insurance insuring against Consultant’s errors and omissions in performing the Services, with a policy limit of at least $1,000,000. The professional liability insurance will include prior acts coverage sufficient to cover all Services provided by Consultant, and which will remain in effect for four years following expiration or termination of this Agreement.

Endorsements. The CGL and automotive liability policies will contain or be endorsed with the following provisions:

The City, its officers, elected or appointed officials, employees, volunteers, and agents, are covered as additional insureds for liability arising out of the operations performed by or on behalf of Consultant. The coverage will contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, volunteers, and agents.

The Consultant’s insurance is primary and no insurance held by the City will be called upon to contribute to a loss. The inclusion of more than one insured will not operate to impair or limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured. 139
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All Policies.

For all insurance policies required under this Agreement, prior to the City’s execution of this Agreement, Consultant will furnish the City with certificates and original endorsements effecting the required coverage. Each certificate of insurance will state that the coverage afforded by the policy or policies will not be reduced, cancelled, or allowed to expire without at least 30 days written notice to City, unless due to nonpayment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail. Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as approved by City’s Risk Manager.

Any deductible or self-insured retention of $100,000 or more will be disclosed to the City prior to the City’s execution of this Agreement and is subject to approval by the City.

If Consultant does not keep all required insurance policies in full force and effect, the City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.
2020
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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 19, 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. 141
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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. 142
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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.
///
///
///
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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
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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 145
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Oroville Municipal Airport
Cody Nissen
Airport Manager
146
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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)
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Oroville Municipal Airport Fuel Sales 2023
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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
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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
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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 eInvoicing
• 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
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Typical tasks cont’d
• Preparation for upcoming projects through coordination with engineering consultant
• Implement short and long term goals of the Council
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Inspections for 2023
• EPIC Aviation Fuels inspection 09/27/23
• Cal-Trans Division of Aeronautics inspection 11/08/23 • PAPI Flight Check (pending).
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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
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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)
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Item 9.
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Airport Emergency / Public Safety Use
• At times of immediate need the airport south ramp has become a “Hellitack 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.
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Public Safety
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Regional Jet operations
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Regional Jet Operations cont’d
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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 595 164
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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 futurte operations.
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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
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QUESTIONS ON AIRPORT OPS?
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FBO / JenCo Aviation
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FBO owned JetA 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)
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Refueler dispensing options
Refueler tuck is able to dispense fuel
through high flow or low flow hand
nozzles (similar to typical gas station),
or “single point” connection (desired by
nearly all jet aircraft) as there are
minimal opportunities for
contamination, spillage or misfuelling.
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Refueler Truck Operations
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Flight Instruction Services
• 6 biennial flight reviews (required every 2 years to keep license current)
• Appproximately 100 hrs. of in flight instruction
• Approximately 100 hrs. of “ground school”
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Maintenance activities summary 2023
• 5 fixed wing annual inspections performed
• Oil changes
• Magneto changes
• Tire changes
• Overhauling helicopter components
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Helicopter component rebuild in process
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Helicopter engine removed for overhaul
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Community involvement
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Community Involvement cont’d
• Sutter Butter “99’s” which is a larger womens 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
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JenCo Fly-in 2023
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JenCon Fly-In event 2023
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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.
•
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QUESTIONS ON FBO OPS?
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: PUBLIC HEARING - CONTINUED FROM DECEMBE 5, 2023 -

FEATHER RIVER RECREATION AND PARK DISTRICT NEXUS

FEE STUDY AND PROPOSED FEE INCREASES
DATE: DECEMBER 19, 2023

SUMMARY
The Council shall continue the public hearing which began at its December 5, 2023 Regular Council meeting with regard to consideration of 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.
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The District would also like to amend the language in section 3.32.115 of the City Municipal Code, cleaning up the existing language.

This public hearing began at the regularly scheduled December 4, 2023 City Council meeting, and was continued to the December 19, 2023 regular City Council meeting.

FISCAL IMPACT
There is no fiscal impact on the City.

RECOMMENDATION
Continue the public hearing until March 19, 2024.

ATTACHMENTS

1. Nexus Fee Study

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.

4. Resolution and Exhibit A
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.

FEATHER RIVER RECREATION

AND PARK DISTRICT

PARK IMPACT FEE NEXUS STUDY
MARCH 2023

FINAL REPORT
PREPARED FOR:

BOARD OF DIRECTORS

FEATHER RIVER RECREATION AND PARK DISTRICT
PREPARED BY:
4745 MANGLES BOULEVARD
FAIRFIELD, CALIFORNIA 94534
PHONE 707.430.4300
FAX 707.430.4319
www.sci-cg.com
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FEATHER RIVER RECREATION AND PARK DISTRICT
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FEATHER RIVER RECREATION AND PARK DISTRICT

BOARD OF DIRECTORS
Shannon DeLong, Chair
Scott Kent Fowler, Vice-Chair
Clarence Sonny Brandt, Director
Devin Thomas, Director
Greg Passmore, Director

INTERIM GENERAL MANAGER
Victoria Anton Teague

BUSINESS MANAGER
Deborah Peltzer

IMPACT FEE CONSULTANT
Blair Aas, Director of Planning Services
SCI Consulting Group
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ACKNOWLEDGMENTS
This Park Impact Fee Nexus Study was prepared by SCI Consulting Group (“SCI”) under contract with the Feather River Recreation and Park District. The work was accomplished under the general direction the General Manager for the District.

We want to acknowledge the special efforts made by individuals and organizations to this project:

Shawn Rohrbacker, formerly with Feather River Recreation and Park District City of Oroville
County of Butte
Land Image Landscape Architects and Planners
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1 INTRODUCTION…… ......................................................................................................... 1 METHODOLOGY / APPROACH ............................................................................................ 2 SUMMARY OF KEY FINDINGS ............................................................................................. 3 SUMMARY OF KEY RECOMMENDATIONS ............................................................................. 5 EXISTING PARK AND LEVEL OF SERVICE STANDARDS ............................................................... 6 CURRENT AND PROJECTED DISTRICT POPULATION ............................................................. 6 LEVEL OF SERVICE STANDARDS ........................................................................................ 7 DISTRICT PARK INVENTORY .............................................................................................. 7 PER CAPITA COST COMPONENTS ........................................................................................... 9 PARKLAND ACQUISITION COST PER CAPITA ....................................................................... 9 PARK DEVELOPMENT COST PER CAPITA .......................................................................... 10 DETERMINATION OF THE PARK IMPACT FEE ........................................................................... 11 PARK IMPACT FEE COST COMPONENTS ........................................................................... 11 LAND USE CATEGORIES ................................................................................................. 12 DWELLING UNIT OCCUPANCY FACTOR ............................................................................ 13 PARK IMPACT FEE DETERMINATION ................................................................................. 14 NEXUS FINDINGS FOR PARK IMPACT FEE ............................................................................... 16 PROJECTED PARK IMPACT FEE REVENUE .............................................................................. 18 COMPARISON OF CURRENT AND MAXIMUM PARK IMPACT FEES ............................................... 19 FEE PROGRAM ADOPTION REQUIREMENTS ............................................................................ 21 FEE PROGRAM ADMINISTRATION REQUIREMENTS ................................................................... 23 ACCOUNTING REQUIREMENTS ........................................................................................ 23 REPORTING REQUIREMENTS .......................................................................................... 23 TRANSPARENCY REQUIREMENTS .................................................................................... 25 AUTOMATIC ANNUAL INFLATIONARY ADJUSTMENT ............................................................ 25 FEE EXEMPTIONS…. ...................................................................................................... 25 NEXUS STUDY UPDATES ................................................................................................ 25 APPENDICES ....................................................................................................................... 26 APPENDIX A – COST ESTIMATES FOR PARK AND RECREATION FACILITIES .......................... 27 APPENDIX B – DISTRICT PARK INVENTORY ...................................................................... 28 APPENDIX C – COMBINED CITY (2020) AND DISTRICT PARK IMPACT FEES ......................... 29 189
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LIST OF FIGURES
FIGURE 1 – CURRENT PARK IMPACT FEE SCHEDULES ............................................................... 3 FIGURE 2 – MAXIMUM DISTRICT-WIDE PARK IMPACT FEE SCHEDULE .......................................... 4 FIGURE 3 – CURRENT AND PROJECTED DISTRICT POPULATION .................................................. 6 FIGURE 4 – PARKLAND ACQUISITION COST PER CAPITA ............................................................ 9 FIGURE 5 – PARK DEVELOPMENT COST PER CAPITA ............................................................... 10 FIGURE 6 – PARK IMPACT FEE COST COMPONENTS ................................................................ 11 FIGURE 7 – DWELLING UNIT OCCUPANCY FACTOR.................................................................. 13 FIGURE 8 – MAXIMUM DISTRICTWIDE PARK IMPACT FEE SCHEDULE ......................................... 14 FIGURE 8 – PARK IMPACT FEE BY COST COMPONENTS ........................................................... 15 FIGURE 9 – SUMMARY OF ALLOWABLE AND PROHIBITED USES OF FEE REVENUE ...................... 16 FIGURE 10 – PROJECTED PARK IMPACT FEE REVENUE ........................................................... 18 FIGURE 11 – CURRENT AND MAXIMUM INCORPORATED AREA DISTRICT PARK IMPACT FEES ....... 19 FIGURE 12 – CURRENT AND MAXIMUM UNINCORPORATED AREA PARK IMPACT FEES ................ 20 FIGURE 13 – TYPICAL 5-ACRE NEIGHBORHOOD PARK CONSTRUCTION COSTS .......................... 27 FIGURE 14 – TYPICAL 20-ACRE COMMUNITY PARK CONSTRUCTION COSTS .............................. 27 FIGURE 15 – DISTRICT PARK INVENTORY ............................................................................... 28 FIGURE 15 – COMBINED CITY (2020) AND DISTRICT PARK IMPACT FEES .................................. 29 190
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FEATHER RIVER RECREATION AND PARK DISTRICT
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EXECUTIVE SUMMARY

INTRODUCTION
Since 2003, the City of Oroville (“City”) and the County of Butte (“County”), on behalf of the Feather River Recreation and Park District (“District”), have imposed a park impact fee on new residential and nonresidential development within the service area of the District. The purpose of the park impact fee is to fund the one-time cost of expanding the District’s parks and recreational facilities in order to meet the impact of new residential development.

This Park Impact Fee Nexus Study (“Nexus Study”) was prepared pursuant to the “Mitigation Fee Act,” as found in Government Code § 66000 et seq. The purpose of this Nexus Study is to establish the legal and policy basis for the imposition of a new park impact fee program on new residential development. For purposes of this Nexus Study, “parks” shall mean miniparks, neighborhood parks, and community parks. The term “recreational facilities” shall mean, but not be limited to, playground equipment, fields, courts, shade structures, and restroom buildings.

In order to impose such fees, this Nexus Study will demonstrate that a reasonable relationship or “nexus” exists between new development and the need for additional parks and recreational facilities within the District as a result of new development. More specifically, this Nexus Study will present findings in order to meet the substantive requirements of the Act, which are as follows:
 Identify the purpose of the fee.
 Identify the use to which the fee is to be put. If the use is funding public facilities, the facilities must be identified. Identifying the public facilities may be a broad class of projects1 or made by reference to a capital improvement plan, made in applicable general or specific plan requirements, or made in other public documents2.  Determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed (“benefit relationship”).  Determine how there is a reasonable relationship between the need for parks and recreational facilities and the type of development project on which the fee is imposed (“impact” or “need” relationship”).
1 According to Government Code § 66000(b) and validated by Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore in 2010.
2 According to Gov’t Code Section 66001(a)(2).
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 Determine how there is a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed (“rough proportional relationship”).

Additionally, the Act specifies that the fee shall not include costs attributable to existing deficiencies in public facilities but may include the costs attributable to the increased demand for public facilities reasonably related to the development project in order to refurbish existing facilities to maintain the existing level of service or achieve an adopted level of service that is consistent with the general plan.

Since the Act also prohibits development impact fees from funding existing deficiencies in public facilities, the fees must be used to fund only new or expanded parks and recreational facilities that add to the District’s park and recreational service capacity.

The use of fee proceeds for rehabilitating existing parks and recreational facilities is limited in that they may only cover the portion of an improvement that expands service capacity.

For example, suppose the District planned to replace a shade structure with an existing park with a significantly larger shade structure. In that case, park impact fee proceeds could fund the portion equal to the percentage increase in the square footage of the larger shade structure or by another reasonable measurement of facility capacity. (See Figure 9 9 for more information.)

METHODOLOGY / APPROACH
To establish the park impact fee program consistent with the substantive requirements of the Act, this Nexus Study utilizes a districtwide, per capita standard-based methodology. A standard-based method is the most used method for the calculation of park impact fees. It was also upheld by the Homebuilders Association of Tulare/Kings Counties, Inc. v. City of Lemoore in 2010. Under this method, the cost components are based on the District’s existing level of service (“LOS”) standards and defined on a per capita basis. Total per capita costs are then applied to three residential land uses according to their respective dwelling unit occupancy factor to establish a cost/fee per new dwelling unit.

It is important to note that the level of development in the District does not directly influence the maximum park impact fee determined by this Nexus Study. The park impact fee is determined with an open-end approach based on the District’s level of service standards rather than a definite facility plan and a definite level of future development. Therefore, if the actual level of development is significantly higher or lower rate than projected, no revision of the park impact fee program would be necessary.
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The Nexus Study also details the procedural requirements for adopting the Nexus Study and updated park impact fee program (“fee program”). Also, the Act contains specific requirements for the annual administration of the fee program. These statutory requirements and other important information regarding the imposition and collection of the fee are provided in the last two sections of the Nexus Study.

SUMMARY OF KEY FINDINGS
The following key findings are presented:

1. Park impact fees are needed to ensure that the District can develop park and recreation facilities and improvements needed for the resident and nonresident employee growth created by new development in the communities served by the District.

2. On behalf of the District, the City for the incorporated area of the District, and the County for the unincorporated areas of the District, currently imposes the following park impact fees on new residential development in the District.

FIGURE 1 – CURRENT PARK IMPACT FEE SCHEDULES
Land Use Category Unit 1
FRRPD
Unincorporated
Area Park
Impact Fee
(2003) 2
FRRPD
Incorporated
Area Park
Impact Fee
(2008) 3
Single-Family Detached Housing DU $1,106 $1,196
Single-Family Attached Housing DU $1,090 $1,160
Multi-Family Housing DU $870 $1,063
Mobile Home DU $867 $793
Accessory Dwelling Unit
Notes:
1 DU means dwelling unit.
---------- See Note 4 ----------
4 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. 2 Current park impact fee imposed by the County on behalf of the District in the unincorporated area of the District.
2 Current park impact fee imposed by the City on behalf of the District in the incorporated area of the District.
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3. According to the County General Plan, the City General Plan, and the District’s Master Plan, the goal is to provide 5.0 acres of neighborhood parks and community for every 1,000 residents.

4. Based on the District’s current population and park acres, the District’s existing level of service is 2.91 acres of developed parks for every 1,000 residents.

5. Consistent with the Act’s nexus requirements, this Nexus Study demonstrates a reasonable relationship between new development, the amount of the proposed fee, and parks and recreational facilities funded by the fee.

6. The District may approve, and the City and County may adopt the fees in Figure 2 at or below the maximum levels determined by this Nexus Study. If the District and the City or the County choose to adopt lower fees, the adopted fee for each land use category must be reduced by the same percentage.

FIGURE 2 – MAXIMUM DISTRICTWIDE PARK IMPACT FEE SCHEDULE Land Use Category Unit 1
Maximum
Park Impact
Fee 2
Single-Family Housing DU $5,486
Multi-Family Housing DU $4,615
Mobile Homes DU $4,672
Accessory Dwelling Unit
Notes:
1 DU means dwelling unit.
2 See Figure 8.

See Note 3
3 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit.

Accessory dwelling units less than 750 square feet of living area are exempt.
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SUMMARY OF KEY RECOMMENDATIONS
Based on the findings presented in the Nexus Study, the following key recommendations are presented:

1. The park impact fee should be adopted in accordance with Government Code Sections 66016, 66017, and 66018.

2. The District and the County should comply with the annual reporting requirements under Government Code § 66006(b).

3. Following the fifth fiscal year after the first deposit of fee revenue and every five years thereafter, District and the County should comply with the reporting requirements under Government Code § 66001(d).

4. The cost estimates presented in this Nexus Study are in January 2023 dollars. The park impact fee should be adjusted automatically without further action by the District Board, the City Council, or the County Board of Supervisors on the first day of each fiscal year by the net percentage change during the preceding calendar in the Engineering News-Record Construction Cost Index or its successor publication.

5. This Nexus Study and fee program must be updated at least every eight years. The next Nexus Study update is due no later than January 1, 2031.

6. A fee credit must be given for demolished existing dwelling units as part of a new development project to comply with the Act and recent court decisions. 195
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EXISTING PARK AND LEVEL OF SERVICE STANDARDS
This Nexus Study utilizes a per capita-standard-based methodology to determine the park impact fee because the need for and demand for park and recreational services is driven by its service population. Using this open-ended approach, park and recreational facility costs are reduced to a cost per capita based on the District’s existing LOS standards for such facilities. This section first determines the District’s LOS standard for park and recreational facilities. Then, the per capita cost for park and recreational facilities for the District is established based on their respective LOS standard and the estimated parkland acquisition and development cost per acre.

CURRENT AND PROJECTED DISTRICT POPULATION
Figure 3 presents the District’s current and projected population through 2040 for the census-designated places that generally cover the boundaries of the District.3 The District’s current population was determined using the U.S. Census Bureau’s 2020 American Community Survey 5-Year Estimate. The District’s 2040 population was projected based on the District’s historical annual growth rate of 1.10% or about 175 to 200 housing units per year.

As shown below, it is estimated that the District’s population, as of January 2023, is approximately 9,470. It is projected that the District will grow by 9,470 residents to a household population of 52,976 by 2040.

FIGURE 3 – CURRENT AND PROJECTED DISTRICT POPULATION
Population Projection 2023 2025 2030 2035 2040
Growth
2023 thru
2040
Feather River RPD 43,506 44,469 46,969 49,610 52,976 9,470 Source: 2020 U.S. Census ACS-5-Year Estimate
Certainly, arguments can be made for higher or lower population growth. However, the projected population growth and fee revenue are merely estimates for planning purposes.

The maximum park impact fee determined by this Nexus Study does not depend upon the timing and level of development.
3 The District’s boundaries include the City of Oroville and the census-designated places of Palermo, South Oroville, Thermalito, Bangor, Berry Creek, Cherokee, Clipper Mills, Forbestown, Honcut, and Rackerby. 196
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LEVEL OF SERVICE STANDARDS
Figure 3 below summarizes the District’s existing and master plan level of service standards for developed neighborhood and community parks.

FIGURE 3 – LEVEL OF SERVICE STANDARDS
Type of Park
District
Master Plan Existing Nexus Study
Acres
Neighborhood Parks 24.85 2.00 0.58 0.58
Community Parks 101.64 3.00 2.36 2.36
Total 126.49 5.00 2.94 2.94
Level of Service ("LOS") Standard
per 1,000 residents
(Acres per 1,000 Residents)
Source: Feather River Recreation and Park District
Existing
District
Facilities

DISTRICT PARK INVENTORY
According to the District’s Master Plan, neighborhood parks typically range from 5 to 10 acres and have a service area of ½ mile. They provide a common outdoor space for neighbors to socialize, play and exercise, observe nature, participate in sports, take a leisurely stroll, or even a nap. Parks may be developed for active and passive recreation activities that accommodate a wide variety of users. They are often considered the heart of the neighborhood. Community parks typically range from 10 to 100 acres and have a service area of 1.5 miles. Community parks have larger recreational facilities intended to serve broad base community-wide needs. Their focus is meeting the recreational needs of several neighborhoods and large sections of the community. They allow for large group activities and offer recreational opportunities not available at neighborhood parks. Community parks are often developed for both passive and active recreational activities.

The District has six developed neighborhood or rural parks and four developed community parks totaling 126.49 acres, or 2.91 acres for every 1,000 residents. However, the District’s Master Plan standard for developed parks is 5.0 acres per 1,000 residents. Therefore, to accommodate the anticipated population growth of 52,976 new residents by 2040, an additional 27.56 acres of developed park area will be required to maintain its existing level of service, and 61.12 additional acres are needed to achieve the 5 acres per 1,000 resident standard.
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To achieve their adopted Master Plan goal, the District will need to fund existing development share of needed parks and any other improvements not identified with other funding sources. Other potential sources of funds include, but are not limited to, a general obligation bond measure, state and federal grants, the District’s general fund, and existing or new special tax and assessment proceeds, if allowable. 198
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PER CAPITA COST COMPONENTS
The Act requires that development impact fees be determined in a way that ensures a reasonable relationship between the amount of the fee and the cost of park and recreational facilities attributable to the new development on which the fee is imposed. This section presents the calculation of the total cost per capita for developed parks based on the District’s existing level of service for such facilities.

PARKLAND ACQUISITION COST PER CAPITA
Figure 4 below calculates the per capita cost of acquiring new parkland for new parks in the District. As presented, the 2.91 acres per 1,000 population existing standard is multiplied by the estimated average land acquisition cost of $138,000 per acre to arrive at a per capita cost.

FIGURE 4 – PARKLAND ACQUISITION COST PER CAPITA
Cost Component
Acres per 1,000
Population 1
Acres per
Capita 1
Average Land
Acquistion
Cost per Acre 2
Cost per
Capita
Calc a b = a / 1,000 c d = b * c
Neighborhood Parks 0.57 0.00057 $138,000 $78.66
Community Parks 2.34 0.00234 $138,000 $322.92
Total District 2.91 0.00291 $138,000 $401.58
Source: Feather River Recreation and Park District
Notes:
1 Based on District's existing level of service. See Figure 3. 2 Based on $121,000 per acre from City of Oroville Development Impact Fee Update Study, December 2020 and adjusted the 14% change in the median home price in Oroville since December 2022. 199
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PARK DEVELOPMENT COST PER CAPITA
Figure 5 below calculates the per capita cost of developing new parks in the District. As presented, the 2.91 acres per 1,000 population existing standard is multiplied by the estimated average per acre cost for park development to arrive at a per capita cost. The average park development cost per acre represents the weighted average construction cost per acre (in 2023 dollars) for neighborhood and community parks. Besides those listed for typical parks in Appendix A, other facilities, such as aquatic and community use facilities, are excluded.

FIGURE 5 – PARK DEVELOPMENT COST PER CAPITA
Cost Component
Acres per 1,000
Population 1
Acres per
Capita 1
Average
Development
Cost per Acre 2
Cost per
Capita
Calc a b = a / 1,000 c d = b * c
Neighborhood Parks 0.58 0.00058 $483,000 $280.14
Community Parks 2.36 0.00236 $488,000 $1,151.68
Total District 2.94 0.00294 $487,000 $1,431.82
1 Based on District's existing level of service. See Figure 3. 2 See Appendix A. Weighted based on existing level of service. Rounded to the nearest thousand.

Source: Feather River Recreation and Park District
Notes:
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DETERMINATION OF THE PARK IMPACT FEE
This section presents the calculation of the total cost per capita for parks and recreational facilities. The total cost per capita for each is then applied to four residential land use categories in proportion to the demand they create as measured by their respective dwelling unit occupancy factor.

PARK IMPACT FEE COST COMPONENTS
The figure below summarizes the per capita cost components from the previous section and includes an additional four percent for the park impact fee program administration. The fee program administrative cost component is designed to recover the cost collection, documentation, annual reporting requirements, five-year report requirements, periodic nexus studies, and other costs reasonably related to compliance with the Act. As shown, the total per capita cost is $1,891.56.

FIGURE 6 – PARK IMPACT FEE COST COMPONENTS
Cost Component
Per Capita
Cost
Parkland Acquistion 1 $401.58
Park Development 2 $1,417.23
Fee Program Administration (4%) 3 $72.75
Total Cost per Capita $1,891.56
Notes:
1 See Figure 4.
2 See Figure 5.
3 Collection, accounting, documentation, annual reporting requirements, five-year report requirements, periodic Nexus Study updates and other costs reasonably related to
compliance with the Act.
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LAND USE CATEGORIES
The Act requires that development impact fees be determined in a way that ensures a reasonable relationship between the amount of the fee and the cost of the facilities or portion of the facilities attributable to the development on which the fee is imposed. Since the demand for / need for park and recreational services is inherently driven by service population and different residential land uses, have varying household occupancies, the park impact fee is expressed on a per dwelling unit basis based on their respective dwelling unit occupancy factor for three residential land uses.

This Nexus Study also incorporates adding another residential unit to a single-family parcel as a fourth category labeled “Accessory Dwelling Unit.” For the purpose of this fee program, a “dwelling unit” means one or more rooms in a building or structure, or portion thereof, designed exclusively for residential occupancy by one or more persons for living or sleeping purposes and having kitchen and bath facilities.

The four land use categories are as follows:
 “Single-Family Housing” means detached or attached one-family dwelling units.  “Multi-Family Housing” means buildings or structures designed for two or more families for living or sleeping purposes and having kitchen and bath facilities for each family.
 “Mobile Home” means a development area for residential occupancy in vehicles that require a permit to be moved on a highway, other than a motor vehicle designed or used for human habitation and for being drawn by another vehicle.  “Accessory Dwelling Unit” means a dwelling unit, or “granny flat,” either a detached or attached dwelling unit, which provides complete, independent living facilities for one or more persons with provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence. 202
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DWELLING UNIT OCCUPANCY FACTOR
Figure 7 below presents the calculation of the dwelling unit occupancy factor for the three residential land uses. The calculation is based on information from the American Community Survey 5-Year Estimate from the 2020 U.S. Census for the City of Oroville and the censusdesignated places of Palermo, South Oroville, Thermalito, Bangor, Berry Creek, Oroville East, Cherokee, Clipper Mills, Forbestown, Honcut, and Rackerby, which are found to represent the District’s boundaries.

FIGURE 7 – DWELLING UNIT OCCUPANCY FACTOR
Land Use Categories
Occupied
Dwelling Units
Total Number
of Occupants
Dwelling Unit
Occupancy
Factor
Calc a b c = a / b
Single-Family Housing 10,833 31,401 2.90
Multi-Family Housing 2,257 5,515 2.44
Mobile Homes 2,476 6,117 2.47
Average (2020 Census) 15,566 43,033 2.76
Source: 2020 U.S. Census, ACS 5-Year Estimate for the City of Oroville and the census-designated places of Palermo, South Oroville, Thermalito, Bangor, Berry Creek, Oroville East, Cherokee, Clipper Mills, Forbestown, Honcut, and Rackerby. 203
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PARK IMPACT FEE DETERMINATION
Figure 8 below presents the calculation of the maximum park impact fee. As shown, the per dwelling unit fees for three residential land uses are determined by multiplying the total cost per capita by their respective dwelling unit occupancy factor.

Pursuant to 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit of 750 square feet or more must be charged proportionately in relation to the square footage of the primary dwelling unit. For example, the calculation of the maximum park impact fee for constructing a 750 square-foot accessory dwelling unit on a single-family parcel with a 2,250 square-foot single-family home would be (750 / 2,250) * $5,486 = $1,828. The construction of ADUs less than 750 square feet is exempt from the park impact fee.

The District may approve, and the City and County may adopt fees lower than the maximum justified amounts shown below, provided they are reduced by the same percentage for each land use category.

FIGURE 8 – MAXIMUM DISTRICTWIDE PARK IMPACT FEE SCHEDULE Land Use Category Unit
Total Cost Per
Capita 1
Dwelling Unit
Occupancy
Factor 2
Maximum
Districtwide
Park Impact
Fee
Calc a b c = a * b
Single-Family Housing DU $1,891.56 2.90 $5,486
Multi-Family Housing DU $1,891.56 2.44 $4,615
Mobile Homes DU $1,891.56 2.47 $4,672
Accessory Dwelling Unit See Note 3
Notes:
1 See Figure 6.
2 See Figure 7.
3 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. 204
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FIGURE 9 – PARK IMPACT FEE BY COST COMPONENTS
Land Use Category Unit
Parkland
Acquisition
Park
Development
Fee Program
Admin.

District Park
Impact Fee
Calc a b c g = a + b + c
Single-Family Housing DU $1,165 $4,110 $211 $5,486
Multi-Family Housing DU $980 $3,458 $178 $4,615
Mobile Homes 1 DU $992 $3,501 $180 $4,672
Accessory Dwelling Unit Note 1
Notes:

Cost Components
1 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 205
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FEATHER RIVER RECREATION AND PARK DISTRICT
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NEXUS FINDINGS FOR PARK IMPACT FEE
This section summarizes the nexus findings required to demonstrate the legal justification of the park impact fee.

PURPOSE OF THE FEE
The purpose of the park impact fee is to fund new or expanded parks and recreational facilities to meet the new resident population’s needs generated by new residential development in the District.

USE OF FEE REVENUE
Park impact fee revenue will be used to fund new or expanded parks and recreational facilities to serve new development. A summary of the allowable and prohibited uses of the fee revenue is provided in Figure 9 below.

FIGURE 10 – SUMMARY OF ALLOWABLE AND PROHIBITED USES OF FEE REVENUE Allowable Uses Prohibited Uses
 The cost of new or expanded
parkland, parks, and recreational
facilities (100%)
 The cost of new recreational facilities
in existing parks that expand service
capacity (100%)
 Park and recreational facility costs
already incurred that provide growthrelated capacity (100%)  The proportional cost of park and
recreational facility renovation
projects that expand service capacity
 Collection, accounting,
documentation, annual reporting
requirements, five-year report
requirements, periodic nexus studies,
and other costs reasonably related to
compliance with the Act.
 Existing deficiencies, such as
renovation or replacement of existing
recreational facilities that do not
expand service capacity
 Construction of community use
facilities, swimming pools, and
purchase or lease of vehicles.
 Operational, maintenance, or repair
costs
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BENEFIT RELATIONSHIP
The fee will be collected as development occurs. Fee revenue will be used to fund new and expanded parks and recreational facilities to meet the additional demand generated by the new residents created by new development projects. Fee revenue will be deposited into a separate park impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the uses described in the “Use of Fee Revenue” finding. Additionally, the Act ensures that fees are either expended expeditiously or refunded. These actions ensure that a development project paying the park impact fee will benefit from its use.

IMPACT OR NEED RELATIONSHIP
Since the need for park and recreational services is inherently population-driven, new residential development in the District will generate the need for additional park and recreational services and the corresponding need for various facilities. The need is measured in proportion to the dwelling unit occupancy factor for three residential land use categories. The District’s existing standard is 2.91 improved park acres for every 1,000 residents. The fees’ use (funding new or expanded park and recreational facilities) is therefore reasonably related to the type of project (new residential development) upon which it is imposed.

ROUGH PROPORTIONALITY
The park and recreational facilities needed to serve a unit of development are based on the District’s existing level of service standards for such facilities. The cost of new and expanded park and recreational facilities and fee program administrative costs are defined on a costper-capita basis. These per capita costs are then applied to three residential land use categories based on their respective dwelling unit occupancy factor.

The use of average dwelling unit occupancy for three residential land use categories to determine the park impact fee schedule achieves proportionality across the types of development on which the fee is imposed. Generally, a single-family home will generate more persons than a multi-family unit and, as a result, will pay a higher park impact fee.

Thus, the park impact fee schedule’s application to a specific project ensures a reasonable relationship between the fee and park and recreational facilities cost attributable to that residential development project.
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PROJECTED PARK IMPACT FEE REVENUE
Figure 10 projects park impact fee revenue through 2040. Total fee revenue (in 2023 dollars) is estimated by multiplying the total cost per capita by the projected resident population growth for the period. As shown, it is projected that the District may generate approximately $17.9 million by 2040. Indeed, arguments can be made for higher or lower population growth. However, the projected population growth and fee revenue are merely estimates for planning purposes. The maximum fee amounts do not depend upon the timing and level of development.

FIGURE 11 – PROJECTED PARK IMPACT FEE REVENUE
Land Use Category
Cost per
Capita 1
Projected
Resident
Growth (2040) 2
Projected Park
Impact Fee
Revenue (2023$)
Calc a b c = a * b
Residential Development $1,891.56 9,470 $17,913,073
Notes:
1 See Figure 3
2 See Figure 6
The fee revenue must be deposited into a separate park impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to funding new or expanded parks and recreational facilities to serve new residential development. Additionally, fee revenue will be used to cover fee program administration costs such as collection, documentation, annual reporting requirements, five-year report requirements, periodic nexus studies, and other costs reasonably related to compliance with the Act.

The fee revenue will be restricted to funding new or expanded parks and recreational facilities that add to the District’s park and recreational service capacity. Additionally, the use of fee proceeds for rehabilitating existing parks and recreational facilities is limited in that they may only cover the portion of an improvement that expands service capacity. For example, suppose the District planned to replace a shade structure within an existing park with a significantly larger shade structure. In that case, park impact fee proceeds could fund the portion equal to the percentage increase in the square footage of the larger shade structure or by another reasonable capacity measurement. Fee revenue may not fund 1) the renovation or replacement of existing facilities and 2) operational, maintenance, or repair costs.
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COMPARISON OF CURRENT AND MAXIMUM PARK IMPACT FEES
The figure below compares the District’s current park impact fee schedules with the maximum park impact fee schedule justified by this Nexus Study.

FIGURE 12 – CURRENT AND MAXIMUM INCORPORATED AREA DISTRICT PARK IMPACT FEES (CITY OF OROVILLE)
Land Use Category Unit 1
FRRPD
Incorporated
Area Park
Impact Fee
(2008) 2
Maximum
Districtwide
Park Impact
Fee $ Change % Change
Calc a b c = a - b d = c / a
Single-Family Housing DU $1,196 $5,486 $4,290 358.7%
Multi-Family Housing DU $1,063 $4,615 $3,552 334.1%
Mobile Homes DU $793 $4,672 $3,879 489.2%
Accessory Dwelling Unit
3 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. ---------- See Note 3 ----------
Notes:
1 DU means dwelling unit
2 From Interim Development Impact Fee Calculation and Nexus Report, December 2008. 209
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FIGURE 13 – CURRENT AND MAXIMUM UNINCORPORATED AREA PARK IMPACT FEES (COUNTY OF BUTTE)
Land Use Category Unit 1
Current FRRPD
Unincoporated
Area Park
Impact Fee
(2003) 2
Maximum
Districtwide
Park Impact
Fee (2023) $ Change % Change
Calc a b c = a - b d = c / a
Single-Family Housing DU $1,106 $5,486 $4,380 396.0%
Multi-Family Housing DU $870 $4,615 $3,745 430.5%
Mobile Homes DU $867 $4,672 $3,805 438.9%
Accessory Dwelling Unit
3 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. ---------- See Note 3 ----------
Notes:
1 DU means dwelling unit
2 From Feather River Recreation and Park District Development Impact Fee Calculation Report, May 2003 210
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FEATHER RIVER RECREATION AND PARK DISTRICT
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FEE PROGRAM ADOPTION REQUIREMENTS
The following is a summary of the statutory procedural requirements for approval of the Nexus Study and proposed park impact fee program (“fee program”) by the District Board of Directors and adoption by the City Council on behalf of the District. The specific statutory procedural requirements for adopting the fee program may be found in the California Government Code Sections 66016, 66017, and 66018, City Municipal Code 3.32.115, and County Municipal Code Chapter 16, Article 6.

It is recommended that the notice and hearing requirements be satisfied by the District, the City, and the County.

FEATHER RIVER RECREATION AND PARK DISTRICT

1. The District Board of Directors shall conduct at least “one open and public meeting” as part of a regularly scheduled meeting on the proposed fee program.

2. At least 30 days before the meeting, the District shall mail a notice of the meeting to any interested party who filed a written request for notice of the adoption of new or increased fees.

3. At least 30 days before the meeting, the District shall make the Nexus Study available to the public for review.

4. At least 30 days before the public hearing, a notice of the meeting’s time and place shall be published twice in a newspaper of general circulation, with at least five days intervening between the first and last publication dates, not counting such publication dates.

5. After the public hearing, the District Board shall adopt a resolution approving the Nexus Study and proposed fee program to recommend that the City Council and the County Board of Supervisors adopt the proposed fee program on behalf of the District.

CITY OF OROVILLE

1. The City Council shall conduct at least “one open and public meeting” as part of a regularly scheduled meeting on the requested fee program.

2. At least 30 days before the meeting, the City shall mail out a meeting notice to any interested party who filed a written request for notification of the adoption of new or increased fees.
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3. The Nexus Study shall be adopted at a public hearing with at least 30 days’ notice, and the local agency shall notify any member of the public that requests notice of intent to begin an impact fee nexus study of the date of the hearing.

4. At least 30 days before the meeting, the City shall make the Nexus Study available for public review.

5. At least 30 days before the public hearing, a notice of the time and place of the meeting shall be published twice in a newspaper of general circulation, with at least five days intervening between the dates of the first and last publication, not counting such publication dates.

6. After the public hearing, the City Council shall adopt an ordinance and resolution establishing the proposed fee program on behalf of the District.

7. The fee shall become effective 60 days after the adoption of the resolution or longer as specified by the resolution.

COUNTY OF BUTTE

1. The County Board of Supervisors (“County Board”) shall conduct at least “one open and public meeting” as part of a regularly scheduled meeting on the requested fee program.

2. At least 30 days before the meeting, the County shall mail out a meeting notice to any interested party who filed a written request for notification of the adoption of new or increased fees.

3. At least 30 days before the meeting, the County shall make the Nexus Study available for public review.

4. At least 30 days before the public hearing, a notice of the time and place of the meeting shall be published twice in a newspaper of general circulation, with at least five days intervening between the dates of the first and last publication, not counting such publication dates.

5. After the public hearing, the County Board shall adopt an ordinance and resolution establishing the proposed fee program on behalf of the District.

6. The fee shall become effective 60 days after the adoption of the resolution or longer as specified by the resolution.
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FEATHER RIVER RECREATION AND PARK DISTRICT
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FEE PROGRAM ADMINISTRATION REQUIREMENTS
This section summarizes the statutory requirements and general recommendations for the annual administration of the park impact fee program. The specific statutory provisions for administrating the fee program may be found in the Mitigation Fee Act (California Govt. Code § 66000 et seq.).

ACCOUNTING REQUIREMENTS
The new park impact fees should be expended solely for the purpose for which they were collected. Proceeds from the park impact fee should be deposited into a new separate fund or account to avoid commingling fees with other revenue. Any interest earned by such account should be deposited in that account and expended solely for the purpose for which originally collected.

REPORTING REQUIREMENTS
The following information, entitled “Annual Report,” must be made available to the public within 180 days after the last day of each fiscal year:
 a brief description of the type of fee in the account;  the amount of the fee;
 the beginning and ending balance of the account;
 the fees collected that year and the interest earned;  an identification of each public improvement for which the fees were expended and the amount of the expenditures for each improvement;
 an identification of an approximate date by which development of the improvement will commence if the local agency determines that sufficient funds have been collected to complete financing of an incomplete public improvement;  a description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, the date on which any loan will be repaid, and the rate of interest to be returned to the account; and
 the amount of money refunded under section Govt. Code § 66001. 213
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FEATHER RIVER RECREATION AND PARK DISTRICT
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The District shall review the Annual Report at the next regularly scheduled public meeting, not less than 15 days after the Annual Report is made available to the public. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the District for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The District Board may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

For the fifth fiscal year following the first receipt of any park impact fee proceeds and every five years thereafter, the District must comply with Government Code Section 66001(d)(1) by affirmatively demonstrating that the District still needs unexpended park impact fees to achieve the purpose for which it was originally imposed and that the District has a plan on how to use the unexpended balance to achieve that purpose. Specifically, the District shall make the following findings, entitled “Five-Year Findings Report,” with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
 Identify the purpose to which the fee is to be put;
 Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;
 Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and
 Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund.

The refund of all or any part of such unexpended or unappropriated fee revenue, together with any actual interest accrued thereon, in the manner described in Government Code § 66001 (e) of the, to the current record owner of any property for which a fee was paid; provided that if the administrative costs of refunding such fee revenue exceed the amount to be refunded.
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FEATHER RIVER RECREATION AND PARK DISTRICT
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TRANSPARENCY REQUIREMENTS
The District must clearly post the following information on the District’s website regarding the fee program. Information updates must be made within 30 days of any change.  The current fee schedules indicating the effective date when approved by the City Council and the County Board of Supervisors.
 Current and five previous annual reports required according to Government Code Section 66006 (b).
 Current and any previous park impact fee nexus studies conducted after January 1, 2018.

AUTOMATIC ANNUAL INFLATIONARY ADJUSTMENT
All costs and the associated park impact fees determined by this Nexus Study are in January 2023 dollars. The park impact fee should be adjusted automatically without further action by the District Board, the City Council, or the County Board of Supervisors on the first day of each fiscal year by the net percentage change during the preceding calendar in the San Francisco Bay Area Engineering News-Record Construction Cost Index or its successor publication.

FEE EXEMPTIONS
The following are exempted from payment of the fee:
 Construction of a structure owned by a governmental agency.  Construction of an accessory dwelling unit less than 750 square feet.  Any replacement or reconstruction of an existing dwelling unit.

NEXUS STUDY UPDATES
This Nexus Study and fee program must be updated at least every eight years. The next Nexus Study update is due no later than January 1, 2031. 215
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FEATHER RIVER RECREATION AND PARK DISTRICT
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APPENDICES
Appendix A – Cost Estimates for Parks and Recreational Facilities Appendix B – Inventory of District Park Facilities
Appendix C – Combined City (2020) and District Park Impact Fees 216
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APPENDIX A – COST ESTIMATES FOR PARK AND RECREATION FACILITIES FIGURE 14 – TYPICAL 5-ACRE NEIGHBORHOOD PARK CONSTRUCTION COSTS Item Unit Cost 2023 $
Calc b c = a * b
Basic Park Development 5 acre $337,000 $1,685,000
Parking Lots 20 stall $5,000 $100,000
Soccer Field 1 each $19,000 $19,000
Playground Equipment - Large 1 each $443,000 $443,000
Basketball Court (1/2 Court) 1 each $57,000 $57,000
Shade Structure - Large (50 people) 1 each $113,000 $113,000 Total Project Cost $2,417,000
Cost Per Acre (rounded) $483,000
a
Source: Feather River RPD and SCI Consulting Group
Units
FIGURE 15 – TYPICAL 20-ACRE COMMUNITY PARK CONSTRUCTION COSTS Item Unit Cost 2023 $
Calc b c = a * b
Basic Park Development 20 acre $266,000 $5,320,000
Playground Equipment - Small 2 each $225,000 $450,000
Playground Equipment - Large 1 each $443,000 $443,000
Soccer Field 2 each $19,000 $38,000
Youth Baseball / Softball Fields 3 each $77,000 $231,000 Tennis Court with Fence (Set of 2) 4 each $124,000 $496,000 Sports Lighting 1 each $50,000 $50,000
Basketball Court (1/2 Court) 3 each $57,000 $171,000
Shade Structure - Large (50 people) 2 each $114,000 $228,000 Shade Structure - Smaill (25 people) 2 each $58,000 $116,000 Restroom Building 4 each $366,000 $1,464,000
Parking Lots 150 stall $5,000 $750,000
Total Project Cost $9,757,000
Cost Per Acre (rounded) $488,000
a
Source: Feather River RPD and SCI Consulting Group
Units
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FEATHER RIVER RECREATION AND PARK DISTRICT
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APPENDIX B – DISTRICT PARK INVENTORY
FIGURE 16 – DISTRICT PARK INVENTORY
Name of Park / Area Type of Park Total Acres
Developed
Acres
Unimproved
Acres
Nelson Park and Pool Community 29.60 29.60 0.00
Riverbend Park Community 55.99 55.99 0.00
Gary Nolan Sports Complex Community 13.00 13.00 0.00
Playtown Park Neighborhood 2.80 2.80 0.00
Martin Luther King Jr. Park Neighborhood 5.58 5.58 0.00 Palermo Park and Pool Neighborhood 4.02 4.02 0.00
Forbestown Park Neighborhood 3.10 3.10 0.00
Wyandotte Park Neighborhood 2.60 2.60 0.00
Bangor Park Neighborhood 6.75 6.75 0.00
Bedrock Skate and Bike Park Special Purpose 0.75 0.75 0.00 Bedrock Tennis Courts Special Purpose 2.30 2.30 0.00
District Parks 126.49 126.49 0.00
City Parks 1 36.79 26.07 10.72
Total Parks 163.28 152.56 10.72
1 City park inventory.

Source: Feather River Recreation and Park District; City of Oroville Notes:
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FEATHER RIVER RECREATION AND PARK DISTRICT
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APPENDIX C – COMBINED CITY (2020) AND DISTRICT PARK IMPACT FEES FIGURE 17 – COMBINED CITY (2020) AND DISTRICT PARK IMPACT FEES Land Use Category Unit
Parkland
Acquisition
Park
Development
Fee Program
Admin.

Parkland
Acquisition
(NonQuimby)
Recreational
Buildings
and Park
Development
Fee Program
Admin.

District Park
Impact Fee
City Park
Impact Fee
Combined
Park Impact
Fee
Calc a b c d e f g = a + b + c h = d + e + f i = g + h
Single-Family Housing DU $1,165 $4,110 $211 $472 $2,780 $97 $5,486 $3,349 $8,835Multi-Family Housing DU $980 $3,458 $178 $380 $2,239 $78 $4,615 $2,697 $7,312Mobile Homes 1 DU $992 $3,501 $180 $4,672 $4,672 Accessory Dwelling Unit
Notes:
2 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit.

Accessory dwelling units less than 750 square feet of living area are exempt. 1 Assumes new mobile homes are classified as single-family housing.

District Park Impact Fee Cost Components City Park Impact Fee Cost Components - - - - - See Note 2 - - - - -
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(THIS PAGE INTENTIONALLY LEFT BLANK)
220
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Park Impact
Fee Program
Update
BLAIR AAS | SCI CONSULTING GROUP
221
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About the FRRPD
Park Impact Fee
Program
◦ First established in 2003
◦ Imposed by City and County on
behalf of the District
◦ The unincorporated area fee
hasn’t been adjusted for inflation
since 2003.
◦ The incorporated area fee was
adjusted in 2008.
◦ The Nexus Study establishes
legal and policy basis for
imposing the new park impact
fee program
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 2
222
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Methodology and Approach
PARK IMPACT FEE PROGRAM OVERVIEW 3
Districtwide Nexus
Study
Per-Capita Standard
Based Methodology
Existing Level of Service
Standard
(2.94 acres per 1,000
residents)
Open-Ended
Fee Cost
Components
Parkland Acquisition
($138,000 per acre)
New or Expanded Parks
and Recreational
Facilities
($487,000 per acre)
Fee Program
Administration
(4%)
Current Resident
Population
43,506
Dwelling Unit
Occupancy Factor

2.90 persons per home

2.44 persons per unit

2.47 per mobile home
DECEMBER 5, 2023
223
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Park Impact Fee Program
Incorporated Area
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 4
Land Use Category Unit
Current FRRPD
Incorporated
Area Park Impact
Fee (2008)
Maximum
Districtwide Park
Impact Fee $ Change % Change
Calc a b c = a - b d = c / a
Single-Family Housing DU $1,196 $5,486 $4,290 358.7%
Multi-Family Housing DU $1,063 $4,615 $3,552 334.1%
Mobile Homes DU $793 $4,672 $3,879 489.2%
Accessory Dwelling Unit
1 The park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. ---------- See Note 1 ----------
Notes:
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Item 10.

Park Impact Fee Phasing Plan
Incorporated Area
11/21/2022 PARK IMPACT FEE PROGRAM UPDATE OVERVIEW 5
Land Use Category Unit 1
Current
FRRPD
Incorporated
Area Park
Impact Fee
(2008) 2
Maximum
Districtwide
Park Impact
Fee 2023 3
Effective
July 1,
2024
Effective
July 1,
2025 4
Effective
July 1,
2026 4
Effective
July 1,
2027 4
Effective
July 1,
2028 4
Effective
July 1,
2029 4
Effective
July 1,
2030 4
Effective
July 1,
2031 4
Eight-Year Plan
Single-Family Housing DU $1,196 $5,486 $1,732 $2,314 $2,907 $3,512 $4,129 $4,759 $5,401 $6,056 Multi-Family Housing DU $1,063 $4,615 $1,507 $1,990 $2,483 $2,985 $3,498 $4,021 $4,554 $5,098 Mobile Homes DU $793 $4,672 $1,278 $1,798 $2,329 $2,870 $3,422 $3,985 $4,559 $5,145 5 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit.

Accessory dwelling units less than 750 square feet of living area are exempt.

Notes:
1 DU means dwelling unit
2 From Interim Development Impact Fee Calculation and Nexus Report, December 2008. 4 Includes a conservative 2% adjustment for inflation.
3 Maximum park impact fees justified by the District's Park Impact Fee Nexus Study Final Report v1.2 dated March 2023. 225
Item 10.

Accounting Requirements
▪ Fee proceeds must be deposited into a separate fund
or account so that there will be no commingling of fees with other revenues
▪ Fee proceeds must be expended solely for the purpose
for which there were collected
▪ Fee proceeds must be expended on park and
recreational facilities that expand the District’s service capacity.

DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 6
226
Item 10.

Uses of Fee Revenue

ALLOWABLE USES
◦ The cost of new or expanded parks and recreational
facilities (100%)
◦ Parkland acquisition costs (100%)
◦ The cost of new recreational facilities in existing parks that expand service capacity (100%)
◦ Park and recreational facility costs already incurred that provide growth-related capacity (100%)
◦ The proportional cost of park and recreational facility renovation projects that expand service capacity
◦ Collection, accounting, documentation, annual
reporting requirements, five-year report requirements,
periodic nexus studies, and other costs reasonably
related to compliance with the Act.

PROHIBITED USES
◦ Existing deficiencies, such as renovation or
replacement of existing recreational facilities that do not expand service capacity
◦ Aquatic facilities, community use facilities, or
purchase or lease of vehicles.
◦ Operational, maintenance, or repair costs
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 7
227
Item 10.

Reporting Requirements
Annual Report
Must be made available to the public with
180 days after the last day of each fiscal
year
Five-Year Findings Report
For the fifth year following the first receipt of
fee proceeds, and every five years
thereafter, in conjunction with Annual Report
Reports prepared by District; approved by District
Board; filed with City
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 8
228
Item 10.

Questions?
Chris Wagoner
General Manager
Deborah Peltzer
Business Manager
Blair Aas
Impact Fee Consultant
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 9
229
Item 10.

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.
230
Item 10.

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)
231
Item 10.

OROVILLE CITY COUNCIL
RESOLUTION NO. XXXX

A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING THE FEATHER RIVER

RECREATION AND PARK DISTRICT PARK IMPACT FEE NEXUS STUDY AND PARK

IMPACT FEE PROGRAM ON BEHALF OF SAID DISTRICT
WHEREAS, the Feather River Recreation and Park District ("District") is a local special district responsible for providing park and recreational facilities within the City of Oroville ("City"); and WHEREAS, the Mitigation Fee Act (“Act”) codified in California Government Code Section 66000 et seq., allows the establishing, increasing, or imposing of a development fee as a condition of approval where the purpose and use of the fee were identified, and reasonable relationship to the development project was demonstrated; and
WHEREAS, the Council of the City of Oroville ("Council"), by Section 3.32.115 of the City Municipal Code, authorizes the imposition of a development impact fee ("park impact fee") on new development with the District to fund the acquisition and development of additional park facilities to mitigate the impacts caused by new development; and WHEREAS, the Board of Directors ("the District Board") of the Feather Recreation and Park District ("District") has determined that current park and recreational facilities will not be adequate for future population growth; and
WHEREAS, the District recently conducted a Park Impact Fee Nexus Study dated March 2023 Final Report v1.2 ("Nexus Study") establishing the legal and policy basis for a new park impact fee program to be imposed by the City on behalf of the District on new development with the incorporated area of the District; and
WHEREAS, the District Board adopted Resolution No. 2008-23 on March 28, 2023, District Board formally requesting that the City Council adopt Nexus Study and implement the approved park impact fee on behalf of the District with the incorporated area of the District agreeing to be responsible for the proper accounting for and expenditure of said moneys and further agreeing to hold the City harmless from and to defend it from any action, claim or damages related to said fees, including any challenge to the validity of or use thereof; and WHEREAS, the City Council has received and considered the Nexus Study; and WHEREAS, in accordance with Section 66016.59(a)(7) of the Act, notice was published twice in the Oroville Mercury-Register and on the City website, providing 30 days’ notification of the time and place for a public hearing to consider and adopt the Nexus Study and an eight-year phased park impact fee schedule. Notice of the hearing was also provided 14 days prior to the public hearing to those interested parties who requested, in writing, notice of meetings on new or increased fees or service charges.

232
Item 10.

NOW, THEREFORE, IT IS HEREBY RESOLVED that:
1) The Council hereby receives and adopts the Nexus Study dated March 2023 Final Report v1.2.
2) Prior to the adoption of this Resolution, the Council conducted a public hearing at which oral and written presentations were made as part of the Council's regularly scheduled December 5, 2023, meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, has been published twice in a newspaper in accordance with Government Code Section 66018. Additionally, at least 30 days before the meeting, the City made the Nexus Study available for public review. 3) After considering the Nexus Study, this Resolution, and after considering the testimony received at this public hearing, the Council hereby makes the following findings:
a) The park impact fees justified by the Nexus Study and approved pursuant to this Resolution are to fund the cost of parkland acquisition and the cost of new or expanded parks and recreational facilities to meet the needs of the resident population generated by new development in the City; and
b) The park impact fees justified by the Nexus Study and approved pursuant to this Resolution will be used to fund the cost of parkland acquisition, new or expanded park and recreation facilities, and administrative costs associated with the park impact fee program; and
c) The uses of the park impact fees justified by the Nexus Study and approved pursuant to this Resolution are reasonably related to the types of development projects on which the fees are imposed in that fee revenue will be used to fund parkland acquisition and new and expanded parks and recreational facilities to meet the additional demand generated by the residents created by new development. Fee revenue will be deposited into a separate District park impact fee account or fund in a manner to avoid any commingling of the fees with other revenues and funds. The fee revenue will be restricted to the allowable uses described in Nexus Study. These actions ensure that a new development project paying the park impact fee will benefit from its use; and
d) The park impact fees justified by the Nexus Study and approved pursuant to this Resolution bear a reasonable relationship to the need for park and recreational facilities in that each new development project will generate additional need for park and recreational services and the associated need for park and recreational facilities.

The need is defined by the District's existing level of service standards for such facilities; and
e) The Nexus Study demonstrates that there is a reasonable relationship between the amount of the park impact fee and the cost of the park and recreation facilities attributable to the development on which the fee is imposed. Parkland acquisition and park and recreational facility costs are defined on a per capita basis and applied to three residential land use categories according to their respective average household occupancy.
233
Item 10.
4) The Council finds pursuant to the California Environmental Quality Act ("CEQA"), this action is not a "project" because the Resolution provides a mechanism for funding park development and recreation and operation facilities construction but does not involve a commitment to any specific project for such purposes that may result in a potentially significant impact on the environment. (CEQA Guidelines § 15378.) 5) The Council adopts the eight-year phased park impact fee schedule shown in Exhibit A on new development with the City on behalf of the District, which shall be collected upon issuance of a building permit.
6) If any portion of this Resolution is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining portions of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regularly scheduled meeting held on December 19, 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 234
Item 10.

EXHIBIT A
Land Use Category Unit 1
Current
FRRPD
Incorporated
Area Park
Impact Fee
(2008) 2
Maximum
Districtwide
Park Impact
Fee 2023 3
Effective
July 1,
2024
Effective
July 1,
2025 4
Effective
July 1,
2026 4
Effective
July 1,
2027 4
Effective
July 1,
2028 4
Effective
July 1,
2029 4
Effective
July 1,
2030 4
Effective
July 1,
2031 4
Eight-Year Plan
Single-Family Housing DU $1,196 $5,486 $1,732 $2,314 $2,907 $3,512 $4,129 $4,759 $5,401 $6,056 Multi-Family Housing DU $1,063 $4,615 $1,507 $1,990 $2,483 $2,985 $3,498 $4,021 $4,554 $5,098 Mobile Homes DU $793 $4,672 $1,278 $1,798 $2,329 $2,870 $3,422 $3,985 $4,559 $5,145 5 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit.

Accessory dwelling units less than 750 square feet of living area are exempt.

Notes:
1 DU means dwelling unit
2 From Interim Development Impact Fee Calculation and Nexus Report, December 2008. 4 Includes a conservative 2% adjustment for inflation.

Feather River Recreation and Park District Park Impact Fee Phasing Plan (City of Oroville) 3 Maximum park impact fees justified by the District's Park Impact Fee Nexus Study Final Report v1.2 dated March 2023. 235
Item 10.
12/05/2023 Monthly Report Page 1 of 3

OROVILLE CITY COUNCIL

MONTHLY REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS

BRIAN RING, CITY ADMINISTRATOR
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: POLICE DEPARTMENT MONTHLY REPORT FOR NOVEMBER 2023
DATE: DECEMBER 19, 2023

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

Staffing:

Positions Total
staffed
Total
Authorized
Total Vacant
Police Officer 20 29 9
Dispatcher 8 8 0
Municipal Law
Enforcement 8 17 9
Administrative
Personnel 4 4 0

Department Activity:

Events Year to Date
2023
Average Response
Time for Crimes
against persons
*Priority 1 crimes
Average Response
Time for all types of
calls for Service
National Average
Response Time
42,422 3:41 minutes 7:40 minutes 8 - 11 minutes
Patrol Checks and Park Patrols:

Patrol Checks
NOVEMBER 2023 154
Year to Date 1,795
236
Item i.
12/05/2023 Monthly Report Page 2 of 3
Parking Enforcement Citations Issued:

NOVEMBER 2023 Year to Date 2023 NOVEMBER 2022 Year to date 2022 15 106 42 185
Police Activity:

Arrest

NOVEMBER
2022

NOVEMBER
2023
Year to date
2022
Year to date
2023
Misdemeanor 66 76 1048 860
Felony 29 39 437 461
Citations

NOVEMBER
2022

NOVEMBER
2023
Year to date
2022
Year to date
2023
42 33 721 468
Uniform Crime Reporting:

Crimes of Violence NOVEMBER
2023
Year to Date
JANUARY – DECEMBER
Homicide 0 2
Rape 0 15
Robbery 0 22
Aggravated Assault 1 31
Community Navigator:

Contacts Services Accepted Year to date contacts Year to date services 22 22 117 39
237
Item i.
12/05/2023 Monthly Report Page 3 of 3
SPCA Statistics:

Service Calls by Priority:

Priority Level Number of Calls Total Minutes per call
type
Average response times
Urgent 14 98 7.00
Priority 40 246 6.31
At Officer Convenience 8 46 5.76
After Hours 13 84 6.46
Animal Intake and Outcome Stats:

Total Animals taken
in from City
Total Animals
outgoing
Cats Dogs Other Bird Livestock
71 70 25 40 5 1 0
*The remaining difference from intakes to outcome total represents animals that have not yet had an outcome and are still in the facility.

Animal Outcomes:

Outcome Type Totals Dogs Cats Livestock Birds Other
Adoption 5 2 2 0 1 0
Died 4 1 2 0 1 0
Disposal 7 1 6 0 0 0
Euthanasia 25 8 12 0 0 5
RTO 25 22 3 0 0 0
Transfer 0 0 0 0 0 0
Foster 4 3 1 0 0 0
*Others are wild animals such as bats, skunks, snakes, possums, etc SPCA After-hours call outs:

NOVEMBER 2023
13 Shoes for Kids:

Shoes Provided Socks Provided
2 2 Pkg
This program provides shoes and socks for children of our community. This program is funded by Department member donations and community donations.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATIONS
None
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Item i.