Oroville City Council
March 5, 2024

March 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
March 05, 2024

REGULAR MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA

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

To Observe the Meeting:

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

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

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

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

1. Attend the meeting in person

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

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

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

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

CALL TO ORDER / ROLL CALL
Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman

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

1. Pursuant to Government Code Section 54957(b), the Council will meet with the Personnel Officer and City Attorney to consider the evaluation of performance related to the following position: City Administrator and all Department Heads
1 March 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

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

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Presentation from United Way
United Way will present a PowerPoint to the City Council.

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

CONSENT CALENDAR
Consent calendar items 1 - 5 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. Affordable Housing And Sustainable Communities Grant Application The Council may consider the submittal of an Application for the Affordable Housing and Sustainable Communities “AHSC” Program.

ACTION REQUESTED –
ADOPT RESOLUTION NO. 9230 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE AFFORDABLE HOUSING

AND SUSTAINABLE COMMUNITIES (AHSC) PROGRAM
2 March 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

2. Accept The Permanent Local Housing Allocation Competitive Program Grant Agreement No. 22-PLHACOM-17810 And Establish Budget
The Council may consider accepting the 2022 Permanent Local Housing Allocation Grant (PLHA), Agreement No. 22-PLHACOM-17810, in the amount of $2,500,000.00, and establish a budget for general administration and program activities.

ACTION REQUESTED -

1. ACCEPT THE 2022 PERMANENT LOCAL HOUSING ALLOCATION GRANT, NO. 22- PLHACOM-17810, IN THE AMOUNT OF $2,500,000.00: AND

2. APPROVE BUDGET ADJUSTMENT INDICATED IN THE FISCAL IMPACT OF THIS STAFF REPORT, DATED MARCH 5, 2024.

3. Foreclosure of 1300 High Street
The City Council may consider initiating foreclosure proceedings related to the City of Oroville’s interest in the Deed of Trust against the property located at 1300 High St., Oroville (APN 012- 133-013).

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9231-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

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

ADMINISTRATOR TO EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO

NECESSARY TO INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 1300 HIGH STREET., OROVILLE (APN 012-133-013)

4. Task Order 21; Surveying Services for City Sewer Easement The Council may direct staff to issue a task order (TO) to NorthStar to conduct a boundary survey of two (2) private parcels on Oro Dam Blvd so that a sewer easement can be made over existing City sanitary sewer infrastructure.

ACTION REQUESTED –

DIRECT THE CITY ADMINISTRATOR TO PROCEED WITH THE ISSUING OF TASK ORDER 21 DISCUSSED ABOVE TO NORTHSTAR.

5. Approval of the June 20, 2023 City Council Regular Meeting Minutes The City Council may consider the drafted minutes of the June 20, 2023 City Council Regular Meeting for approval.

ACTION REQUESTED –
ADOPT THE MINTUES AND AUTHORIZE THE MAYOR TO SIGN.
3 March 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

REGULAR BUSINESS

6. Proposed Revisions to City Charter
The Council previously directed staff to work with Council Member Goodson and Council Member Thomson on proposed changes to the City Charter to remove outdated language, update incorrect language and recommend changes to other sections of the Charter.

ACTION REQUESTED -

PROVIDE CITY CHARTER REVIEW TEAM INPUT ON PROPOSED CHANGES TO CITY CHARTER AND PROVIDE ANY ADDITIONAL INPUT ON CHARTER.

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]

7. 5:15PM - First Reading of an Amendment of Oroville Municipal Code Section 17.16.010 – Accessory Dwelling Units
The City Council will consider amending Municipal Code Section 17.16.010 (“Accessory Dwelling Units”) to bring the City’s ordinance into compliance with state law. The name is also changed from the original “Second Dwelling Unit” ordinance. The Planning Commission recommended approval of the draft ordinance before you at its regular meeting of January 25, 2024, after consideration of the staff report, Planning Commissioner comments, and public comment. If approved by the City Council, the City Council will hold a second hearing to formally adopt the ordinance amending Municipal Code Section 17.16.010.

ACTION REQUESTED -

1. ADOPT A NOTICE OF EXEMPTION FOR AMENDMENTS TO MUNICIPAL CODE SECTION

17.16.0. 2. ADOPT RESOLUTION 9232—FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.16.010 (“ACCESSORY DWELLING UNITS”).
4 March 05, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5 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

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on March 19, 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. 5 norcalunitedway.org
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United Way of Northern California
fights for the health, education, and
financial stability of every person in our
community and is there during times of
crisis.
8 Item 1.

COVID-19

RESPONSE
• Promote evidencebased treatment and
recovery programs
• Increase treatment
referrals

BREAKING BARRIERS

AGAINST STIGMA
(Opioid/ Stimulant Use Disorder)
• COVID tests
• Vaccine clinics
• COVID education
• Butte United Shelter
Program and
Project Room Key
LISTOS
• Pre-disaster
preparedness that
builds disaster
resilience
9 Item 1.

Volunteer Income
Tax Assistance (VITA)
• Free tax preparation and filing
• 632 tax returns prepared
• Over $1 million back into the
pockets of clients through their
tax refund
10 Item 1.

Pre-Disaster
• Preparation and Prevention
• Voluntary Organizations Active in Disaster (VOAD)
Response • Immediate Emergency Financial Assistance (EFA) Recovery
• Stable Household Opportunity Program (SHOP)
• Unmet Needs Roundtable(s)
Relief
• Relief Emergency Financial Assistance (EFA)
• RV Assistance Program
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South Market Micro Shelter
Redding
Homeless Management
Information System (HMIS)
• Fosters understanding
of the homelessness
situation
• Emergency shelter program
that houses 8-individuals
• A holistic approach at
finding permanent housing
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• Resource hotline that connects the community with free, confidential health and human services
• Over 150 languages
• 24/7 call, text, and webservice
• UWNC serves as a fiscal sponsor of Help Central -
Butte/ Glenn 2-1-1
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North State
Equity Fund (NSEF)
• Supports efforts that
promote racial justice
and social equity in the
North State
A Toast to Equity
• Annual fundraising event
• A night to honor people
who are making positive
impacts in the communities
that they serve
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• African American Family & Cultural Center
• Dr. Martin Luther King Jr. Scholarship & Technology Awards • Kankau Corporation Association
• NAACP Butte County 1029-B Branch
• Oroville Southside Community Improvement Association
• Oroville Beast Club Academy
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• African American Family & Cultural Center
• Butte County First 5
• Butte County NAACP
• Hmong Cultural Center
• Oroville Hope Center
• Oroville Rescue Mission
• Oroville Southside Community Improvement Association/ Haven of Hope on Wheels
17 Item 1.

H.E.A.R. US Addressing Community Needs
• Increase access for Mental Health (MH) and
Substance Use Disorder (SUD) screening
• Increase access to culturally appropriate
services
• Increase long-term access to recovery
support • Bring Lay Counselor Academy to North State
• Community Conversations
• Support work that is already
happening
• Partner with decision makers
18 Item 1.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES GRANT

APPLICATION
DATE: MARCH 5, 2024

SUMMARY
The Council may consider the submittal of an Application for the Affordable Housing and Sustainable Communities “AHSC” Program.

DISCUSSION
The California Strategic Growth Council (SGC) and the Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) dated January 19, 2024, for the availability of approximately $675 million in funding for the Affordable Housing and Sustainable Communities (AHSC) Program. The purpose of the AHSC Program is to reduce greenhouse gas (GHG) emissions through projects implementing land-use, housing, transportation, and agricultural land preservation practices to support infill and compact development and support related and coordinated public policy objectives. Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund (GGRF), an account established to receive Cap-and-Trade auction proceeds.

The AHSC Program furthers the purposes of AB32-Air pollution: greenhouse gases:

California Global Warming Solutions Act of 2006 (Chapter 488, Statutes of 2006) and SB 375-Transportation Planning: travel demand models: sustainable communities’ strategy:
environmental review (Chapters 728, Statutes of 2008) and SB32- California Global Warming Solutions Act of 2006: emissions limit. AHSC is part of the California Climate Investments, a statewide program funded through GGRF that puts billions of Cap-and-Trade dollars to work with the goals of reducing GHG emissions, strengthening the economy, and improving public health and the environment, particularly in disadvantaged communities.

The AHSC Program funds will be used for loans or grants, or a combination thereof, to fund projects that will achieve GHG emission reductions to benefit all California communities, particularly through increasing accessibility to affordable housing and key destinations via low-carbon transportation, resulting in fewer vehicles miles traveled (VMT) through shortened or reduced trip length or mode shift from Single Occupancy Vehicle (SOV) use to transit, bicycling or walking.
19 Item 1.

As previously discussed at the January 16, 2024, City Council Meeting, AMG & Associates, LLC (AMG) is proposing to construct an affordable housing development project in the vacant area of Nelson Ave., adjacent to newly developed Prospect View Apartments, which was also developed by AMG. The development will consist of a 72-unit complex that will be available to low, moderately-low and extremely- low-income families. AMG has retained the Community Development Resource Group (CDRG) to assist the City with the preparation of the Round 8 AHSC Application to fund the construction of the project. To be eligible for AHSC funding, the project must include improvements that will enhance and promote transit accessibility within the neighborhood by providing a variety of supporting infrastructure improvements focused on connecting residents and key neighborhood destinations. Such improvements include active transportation improvements that would encourage walking and biking, safe and accessible street improvements, and enhance the visibility of neighborhood pathways.

Staff have been working AMG and CDRG in preparing the AHSC Application that will be submitted by March 19, 2024. As part of the application, Staff is proposing to construct the following:
 More than 2,000 linear feet of new sidewalks with curb and gutter and street lighting along Nelson Avenue from Golden Eagle Rd. to Table Mountain Blvd. and on 6th Street from Nelson Avenue to the first drive aisle’
 More than 2 miles of Class II bike lanes on Nelson Avenue from Golden Eagle Road to 2nd Street from Nelson Avenue to Grand Avenue.

In addition, CalVans, a state agency that funds a unique vanpool program will receive up to $4M to purchase vans that serve the affordable housing development (AHD) and surrounding areas. The agency owns the vehicles, and then convenes groups of employees to commute to work in the vans. At night, the vans park in residential areas, and they are driven by employees who volunteer to drive in exchange for a discount. CalVans has hundreds of vanpools statewide and only recently expanded to serve northern California.

A breakdown of the estimated project budget is listed below. The resolution states a higher, “up to” amount ,because the project costs are still being finalized and this provides additional flexibility for the final submittal.

Activity Approximate Budget
Affordable Housing Development-72 units $12,000,000.00
Sustainable Transit Infrastructure (STI) Bicycle and Pedestrian-City of Oroville
$2,000,000.00
Sustainable Transit Infrastructure (STI)- Van Purchase (Cal Vans) $5,000,000.00 PGM- Transit Passes (fully subsidized transit pass for each unit in the AHD)
$365,940.00
PGM – Funding of Anti-Displacement and Workforce Development programs
Up to $500,000.00
Total (approximately) $19,865,940.00
20 Item 1.

FISCAL IMPACT
There is no fiscal impact. If awarded, the grant funding will be distributed directly to the Affordable Housing Developers, AMG & Associates. For sidewalk and bicycle improvements components to the application, the City and State would enter into a subsequent grant agreement that will come back to council to establish a budget.

RECOMMENDATION
Adopt Resolution No. 9230 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE AFFORDABLE HOUSING

AND SUSTAINABLE COMMUNITIES (AHSC) PROGRAM

ATTACHMENTS
None
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CITY OF OROVILLE
RESOLUTION NO. 9230

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

AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR THE AFFORDABLE

HOUSING AND SUSTAINABLE COMMUNITIES (AHSC) GRANT PROGRAM WHEREAS, The State of California, the Strategic Growth Council (SGC) and the Department of Housing and Community Development (Department) has issued a Notice of Funding Availability dated January 19, 2024 (NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and WHEREAS, City of Oroville (Applicant) desires to apply for AHSC Program funds and submit the Application Package released by the Department for the AHSC Program; and
WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of this NOFA, Program Guidelines, Application Package, and Standard Agreement. The Department is authorized to administer the approved funding allocations of the AHSC Program.

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

Section 1. Applicant is hereby authorized and directed to apply for and submit to the Department the AHSC Program Application as detailed in the NOFA January 19, 2024, for round 8 in the total amount up to $25,000,000 of which $15,000,000.00 is requested as a loan for an Affordable Housing Development (AHD)(‘AHSC Loan”) and $10,000,000.00 is requested for a grant for Housing-Related Infrastructure(HRI), Sustainable Transportation Infrastructure (STI) as defined in the AHSC Program Guidelines adopted by SGC on December 14, 2023. If the application is approved, the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) in a total amount up to $25,000,000.00 and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program funds from the Department, and all amendments thereto (collectively, the AHSC Documents”)
Section 2. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full 22 Item 1.
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is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package.

Section 3. The City Administrator, or designee, is authorized to execute in the name of the Applicant the AHSC Program Application Package and the AHSC Program Documents as required by the Department for participation in the AHSC Program Section 4. The Resolution shall be effective upon adoption.

Section 5. The Assistant City Clerk shall certify to the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on March 5, 2024, 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 23 Item 1.

1. Light Blue = New Sidewalk

2. Blue = Sidewalk Improvements

3. Light Green = Class II Bike Lanes
24 Item 1.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: ACCEPT THE PERMANENT LOCAL HOUSING ALLOCATION
COMPETIVE PROGRAM GRANT AGREEMENT NO. 22-
PLHACOM-17810 AND ESTABLISH BUDGET
DATE: MARCH 5, 2024

SUMMARY
The Council may consider accepting the 2022 Permanent Local Housing Allocation Grant (PLHA), Agreement No. 22-PLHACOM-17810, in the amount of $2,500,000.00, and establish a budget for general administration and program activities.

DISCUSSION
On August 2, 2021, the City was notified of a Community Development Block Grant Disaster Recovery (CDBG-DR) Multi-family Housing Program grant award in the amount of $8,850,089 for Lincoln Street Family Apartments. On August 2, 2022, the City Council approved an amended resolution to include the Lincoln Street Senior Apartments, increasing the award amount from $8,850,089 to $17,000,089. Each phase of the project will consist of sixty-one (61) units and at least 10% will be restricted to occupancy by tenants who are homeless or at risk of homelessness.

On November 15, 2022, the City Council approved the submittal of an application to State Department of Housing and Community Development (HCD), PLHA competitive grant program for Phase I in the amount of $1,700,000 and for Phase II in the amount of $2,500,000. Staff was later notified by the developer, the Richman Group, that they had to make a change to their underwriting and increased the amount of the PLHA ask to $2,500,000 for each project.

December 6, 2022, the City Council adopted Resolution No. 9115 approving the submittal of an application for the Permanent Local Housing Allocation Program nonentitlement local government competitive component for Lincoln Village (formerly Lincoln Street Family Apartments) Phase I in the amount of $2,500,000. Both the City 25 Item 2.

and the Developer were notified that only Phase I of the project was awarded grant funding.

On April 10, 2023 the City was notified of the aware of $2,500,000 PLHA award for Phase I of the project,
Although the Phase I of this project has an allocation of tax credits, CDBG-DR Multifamily Housing Funds and project-based vouchers, it has experienced three significant fiscal setbacks: tax credit pricing expectations decreased, interest rates have increased and the project is experiencing general cost inflation in terms of architecture and engineering, insurance and construction costs. The PLHA funding will help fill these gaps in the budget.

FISCAL IMPACT
Fund 222 Project No. PLHA17810G
Revenue
Account No. Account Name $Amount
4570 Fed Grant Revenue $62,500.00
Expense
5100-5610 Direct Labor 51,300.00
6000 Advertising $400.00
6270 Office Expense $300.00
6360 Outside Services $10,000.00
6470 Telecommunication $500.00
Fund 222 Project No. PLHA17810A
Revenue
Account No. Account Name $Amount
4570 Fed Grant Revenue $2,437,500.00
Expense
7010 Loans 2,437,500.00

RECOMMENDATION

1. Accept the 2022 Permanent Local Housing Allocation grant, No. 22-PLHACOM17810, in the amount of $2,500,000.00: and

2. Approve Budget Adjustment indicated in the fiscal impact of this Staff Report, dated March 5, 2024.
26 Item 2.

ATTACHMENTS
Award Announcement
27 Item 2.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670, 95833
P. O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
April 10, 2023
The Honorable David W. Pittman, Mayor
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Dear Mayor Pittman:

RE: Award Announcement – Permanent Local Housing Allocation Program Competitive Component, Round 3, Notice of Funding Availability Fiscal Year 2022/2023
City of Oroville – Lincoln Street Family Apartments
Contract No. 22-PLHACOM-17810
The California Department of Housing and Community Development (Department) is pleased to announce that the City of Oroville (Awardee) has been awarded a Permanent Local Housing Allocation (PLHA) program award in the amount of $2,500,000. This letter constitutes notice of the designation of PLHA program funds for use in Butte County for the following project:
 Lincoln Street Family Apartments - New Construction of Affordable Rental Housing and Five Percent (5%) Administrative Costs
The Awardee will be required to enter into a Standard Agreement that will set forth conditions for funding and milestones that are required to be met. Reimbursement of eligible expenses are subject to the terms outlined in Section 304(d) of the PLHA adopted program guidelines.

Congratulations on your successful application. For further information, please contact Doniell Cummings, PLHA Program Manager, Program Design and Implementation Branch, (916) 695-9006 or [email protected].

Sincerely,
Jennifer Seeger
Deputy Director
Division of State Financial Assistance
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30 Item 2.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: FORECLOSURE OF 1300 HIGH STREET
DATE: MARCH 5, 2024

SUMMARY
The City Council may consider initiating foreclosure proceedings related to the City of Oroville’s interest in the Deed of Trust against the property located at 1300 High St., Oroville (APN 012-133-013).

DISCUSSION
Staff is requesting authorization from the Council to initiate foreclosure on the property located at 1300 High Street. The current property owner obtained a mortgage subsidy loan through the City’s Homeownership Assistance Program in the amount of $75,000.

The borrower is in default on their first mortgage, Wells Fargo Home Mortgage, which holds the first lien position. The approximate amount to cure the default and to secure the City’s lien positions would be $106,099.29. Comparable properties show the value of 1300 High Street, to be approximately $250,983.00.

Address Amount Due to
Primary Lender
Amount of City
Loan
Total Loans Value Based on
Comparable
1300 High St. $106,099.29
through 03/22/24
$87,020.55
through
03/31/2024
$193,119.84
(approx.)
$250,983.00
If the City Council authorizes staff to secure the City’s interest in this property, staff is proposing that the property be resold on the open market to recoup homebuyer loan costs. Staff has not gained access the interior of the home to determine what, if any, repairs are needed. Staff will bring these items back to Council if repairs in excess of normal wear and tear maintenance are required.
31 Item 3.

FISCAL IMPACT
There is no general fund impact. Approximately $5,000 will be needed to cure the default, including foreclosure fees from Fund 220 or Fund 231.

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

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

ADMINISTRATOR TO EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO

NECESSARY TO INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 1300 High Street., OROVILLE (APN 012-133-013)

ATTACHMENTS
Resolution 9231
32 Item 3.

CITY OF OROVILLE
RESOLUTION NO. 9231

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

AUTHORIZING AND DIRECTING THE MAYOR AND/OR CITY ADMINISTRATOR TO

EXECUTE ALL DOCUMENTS AND ANY AMENDMENTS THERETO NECESSARY TO

INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 1300 HIGH STREET, OROVILLE (APN 012-133-013) NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute all documents and any amendments thereto necessary to initiate and complete foreclosure proceedings on 1300 High St., Oroville CA, (APN 012-133-013) Oroville, California; and

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on March 5, 2024, 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 33 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JOSHUA FREITAS, ASSISTANT ENGINEER
RE: TASK ORDER 21; SURVEYING SERVICES FOR CITY SEWER

EASEMENT
DATE: MARCH 5, 2024

SUMMARY
The Council may direct staff to issue a task order (TO) to NorthStar to conduct a boundary survey of two (2) private parcels on Oro Dam Blvd so that a sewer easement can be made over existing City sanitary sewer infrastructure.

DISCUSSION
The property owner of two (2) parcels, APN# 033-390-078 and 033-390-077, has reached out to City staff expressing concern with City sanitary sewer infrastructure crossing these properties without a sewer easement in place. This sewer line was installed in the 1980s to serve the two apartment complexes at 3515 and 3535 Orange Avenue.

Staff is proposing to issue a Task Order to NorthStar to conduct a field survey and sewer easement creation. This would involve the City’s sewer department marking where the sewer line is located, then NorthStar’s survey crew doing a boundary survey of the two properties, determining where this sewer line is in relation to the property lines and developing the appropriate documents to establish the easement. The cost for NorthStar to perform this work is approximately $6,330.00.

FISCAL IMPACT
The funds in the amount of $6,330.00 for the boundary survey and easement creation by NorthStar will come from Fund 400, Sewer Fund – Outside Services.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to proceed with the issuing of Task Order 21 discussed above to NorthStar.
34 Item 4.

ATTACHMENTS
Task Order 21
NorthStar Proposal
35 Item 4.

EXHIBIT “A”

SCOPE OF WORK
Oro-Dam Boulevard Sanitary Sewer Easement

SERVICES PROVIDED
NorthStar has prepared the following scope based on our understanding of the project at the time of this proposal and the Survey Team’s collective experience with similar projects. We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope for the Oro-Dam Boulevard Sanitary Sewer Easement project is to survey an existing public sanitary sewer line that serves four(4) residential lots between Oro-Dam Boulevard and Orange avenue. Once the existing sanitary sewer line and lots have been surveyed, NorthStar will provide the city with a signed and stamped original plat and description to be used as Exhibits in the Grant of Easement documents prepared by others.

Task 1 Project Management
NorthStar will perform the numerous services and activities associated with management of the contract. Diligent contract management for state funded contracts is a critical component in successfully managing public funds and maintaining the City’s positive standing with funding agencies.

Project Administration and Overhead
Project Administration and Overhead involves front office and project administration including, but not limited to, contract management, managing insurance policies, packaging, mailing and deliveries, billing, software setup, certified payroll invoicing, etc.

Project Coordination
Explicit and thorough communications with the City and with the sub consultants is vital to the success of any project, and as such the NorthStar Team segregates this as a separate scope and budget component to acknowledge and account for this element during the life of the project development. To effectively manage the project NorthStar anticipates meetings with the City of Oroville to review project progress and activities.

Quality Assurance / Quality Control
NorthStar approach to quality assurance and control program has been developed over the course of performing engineering consulting services for a variety of clients and complex projects over the past 40 years. Two primary methods for consistently delivering a quality product on-time and within budget are internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables. 36 Item 4.

Task 2a-b Surveying
NorthStar will provide Professional Land Surveying services to prepare a legal description and plat to be used in the creation of an easement. Our services shall include:
• Review the easement needs with the City.
• Review title report as provided by the City.
• Located property corner monuments to establish parcel locations as needed to create the public easement.
• Locate onsite improvements pertinent to the easement. • Develop the easement alignment based upon field survey and the City’s review. • Prepare a legal description and plat.
• Provide Client with a signed and stamped original plat and description to be used as Exhibits in the Grant of Easement documents prepared by others.

PROJECT ASSUMPTIONS
• Task 2 assumes that the City will have the sewer line marked on the surface. NorthStar will not provide underground utility locate services. If a material discrepancy is discovered during the survey, a Record of Survey may be necessary, as required by the Professional Land Surveyor’s Act (Business and Professions Code §8762). If this issue arises, The City will be informed of our findings and provided with an additional cost estimate to complete and record the required Record of Survey.

Preliminary Title Report $ TBD
Recording Fee $ TBD
37 Item 4.

EXHIBIT “B”

COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 6,330.00 Task 1: Project Management $ 1,632
Task 2a: Survey - Field $ 2,010
Task 2b: Survey - Office $ 2,688
38 Item 4.

IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT:CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Mekena Galka BY: Tim Alldrin
TITLE: Associate Engineer TITLE: Associate Surveyor
LICENSE NO. RCE 94638 LICENSE NO. PLS # 9684
SIGNED: SIGNED:

DATE: DATE:
39 Item 4.

EXHIBIT “C”

STANDARD HOURLY RATES
Effective July 1, 2023 through June 30, 2024*
Engineering/Surveying Hourly Rate
Principal Engineer/Surveyor $240.00
Senior Managing Engineer/Surveyor $220.00
Senior Engineer/Surveyor $196.00
Associate Engineer/Surveyor $172.00
Assistant Engineer/Surveyor $150.00
Junior Engineer $130.00
Senior Designer/Technician $142.00
Associate Designer/Technician $120.00
Assistant Designer/Technician $100.00
One Person with GPS/Robotic (Party Chief) $190.00
Two-Person Survey Crew $260.00
Party Chief (Prevailing Wage) $210.00
Two-Person Survey Crew (Prevailing Wage) $335.00
Architecture Hourly Rate
Senior Architect $180.00
Project Architect $165.00
Assistant Architect/Senior Architectural Job Captain $150.00 Architectural Job Captain $135.00
Architectural Designer $120.00
Architectural Drafter $115.00
Planning Hourly Rate
Principal Planner $180.00
Administrative Hourly Rate
Project Management $170.00
Administrative $100.00
Other Rate
Litigation Support – Expert Witness Testimony $500.00 per hour Mileage Current Federal Rate
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Subcontractors Cost + 15%
*Rates typically increase 4-5% per year
40 Item 4.

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TASK ORDER #21

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2024, by and between the City of Oroville (“City”) and NorthStar (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically conduct a boundary survey of APN#: 033-390-077 and 033-390-078, the existing City sewer line, and development of all appropriate documentation to establish a sewer easement for the existing City sewer line crossing the two properties listed; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3387 between the City and the Consultant.

TASK ORDER

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the services described in Consultant’s proposal attached as Exhibit “A” which is incorporated herein by reference.
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2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $6,330.00 without additional written authorization from the City. Payment by City under this Task Order shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, a description of any reimbursable expenditures, the contract number, and the Task Order number. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Task Order, 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 Task 42 Item 4.

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Order. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

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

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Task Order, 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 Task Order 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 Task Order (“Documents and Data”). 43 Item 4.

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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 Task Order. 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 Task Order shall be at City’s sole risk.

9. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Task Order 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 Task Order. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Task Order. 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 44 Item 4.

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this Task Order in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. 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 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 Consultant to this Task Order. b. Consultant shall maintain all documents and records which demonstrate performance under this Task Order for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Task Order.
c. Any records or documents required to be maintained pursuant to this Task Order shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it’s 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 Task 45 Item 4.

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Order.
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 that the records and documents be maintained by City Hall.

11. 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.

12. 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 Task Order 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 Task Order. Consultant is 46 Item 4.

3387
not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal Task Order monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

13. 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 Task Order. All work performed by Consultant under this Task Order 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.

14. 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.

15. 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 47 Item 4.

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of this Task Order, any licenses, permits, insurance and approvals which are required by the City for its business.

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

With regard to any claim alleging Consultant’s negligent performance of professional services, Consultant’s defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s own cost and expense, shall procure and maintain insurance, for the duration of the Task Order, as required under Contract Number 3387 between the City and the Consultant. The terms of Contract Number 3387 between the City and the Consultant are incorporated by reference as if fully set forth herein. To the extent that any conflict exists between Contract Number 3387 and this Task Order, the terms of Contract Number 3387 shall control.
48 Item 4.

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18. Notices. Any notice required to be given under this Task Order 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: City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Ross Simmons, Senior Managing Engineer 111 Mission Ranch Blvd., Suite 100
Chico, CA 95926
[email protected]

19. Entire Task Order. This Task Order constitutes the complete and exclusive statement of agreement between the City and Consultant for this Task Order. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Task Order in regard to professional services specifically provided under this Task Order. Other task orders issued to the Consultant by the City under Contract Number 3387 stand alone and are unaffected by this Task Order.

20. Amendments. This Task Order 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.

21. Assignment and Subcontracting. The parties recognize that a substantial 49 Item 4.

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inducement to City for entering into this Task Order is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Task Order 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 Task Order 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 Task Order 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.

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

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

24. Controlling Law Venue. This Task Order and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Task Order shall be held exclusively in Butte County Superior Court or the United States District Court, Eastern District of 50 Item 4.

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California.

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

26. Execution. This Task Order 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 Task Order, it shall not be necessary to produce or account for more than one such counterpart.

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

28. 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 Task Order. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift 51 Item 4.

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or other consideration contingent upon or resulting from the award or making of this Task Order. For breach or violation of this warranty, City shall have the right to rescind this Task Order without liability. For the term of this Task Order, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Task Order, or obtain any present or anticipated material benefit arising therefrom.

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

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

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Brian Ring, City Administrator Jay Lowe, Department Manager APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
52 Item 4.

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Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
53 Item 4.

June 20, 2023~2:30 PM Oroville City Council Meeting Minutes Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
June 20, 2023

MEETING MINUTES
This meeting was recorded live and can be viewed at cityoforoville.org or on Youtube. The agenda was posted on June 16, 2023 at 12:25pm.

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

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

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

2. Pursuant to Government Code section 54957.6, the Council will meet with Labor Negotiators and City Attorney to discuss labor negotiations for the following represented groups: Oroville Management Association; Oroville City Employees Association; Oroville Police Officers Association

3. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: Albanese v. City of Oroville, United States District Court, Eastern District of California, Case No.2:22-cv-01131.

4. 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., Butte County Superior Court, Case No. 21-CV-03051.

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

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance – Led by Council Member Riggs
54 Item 5.

June 20, 2023~2:30 PM Oroville City Council Meeting Minutes Page 2 of 7

3. Adoption of Agenda - Unanimously adopted the agenda by the following vote:

Motioned by: Council Member Goodson; Seconded by: Vice Mayor Smith Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

PRESENTATIONS AND PROCLAMATIONS
Police Chief LaGrone introduced new Police Officers and Mayor Pittman swore them in.

Presentation made by Tom Bahr, Chico Airport Manager, regarding potential commercial passenger opportunities at the Chico Airport.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted Public Comment on this item: Chuck Reynolds, The Cameraman, Bill Speer, Loni Lind, and Bobby O’Reiley.

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

1. AMEND THE PROFESSIONAL SERVICES AGREEMENT WITH R. L. HASTINGS &

ASSOCIATES, FOR CDBG-DR MHP ADMINISTRATIVE SERVICES
The Council amended the Professional Services Agreement with R. L. Hastings and Associates, LLC (R. L. Hastings) for the administration of the City’s Community Development Block Grant Disaster Recovery Multifamily Housing Program (CDBG-DR MHP) for the 2018 wildfire disasters for a grant term to December 31, 2026 by Adopting Resolution No. 9141 – (Agreement No. 3378) by the following vote:

Motioned by: Council Member Smith; Seconded by: Council Member Goodson Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None
55 Item 5.

June 20, 2023~2:30 PM Oroville City Council Meeting Minutes Page 3 of 7

2. RESOLUTION DECLARING VARIOUS PROPERTIES SURPLUS LAND The Council approved a resolution (Resolution No. 9142) declaring various city-owned properties Assessor’s Parcel Numbers 012-021-011, 012-021-021, 012-021-022, 033-232-001 and 033- 232-021 surplus, pursuant to the Surplus Land Act by the following vote:

Motioned by: Council Member Goodson; Seconded by: Vice Mayor Smith Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

3. AWARD OF CONTRACT TO GHIRARDELLI ASSOCIATES, INC. FOR CONSTRUCTION

MANAGEMENT SERVICES
The Council directed staff to contract with Ghirardelli Associates for Construction Management services on the SR-162 Active Transportation Program (ATP) Pedestrian Safety and Mobility Improvement Project by the following vote:

Motioned by: Council Member Thomson; Seconded by: Council Member Riggs Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

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

The following member(s) of the public submitted Public Comment on this item: Bobby O’Reiley.

The City Council awarded a contract to Pisor Fence Division, Inc. as the lowest responsible bidder to fabricate and install a new fence and gates around the perimeter of Sank Park. The approved amount of $449,990.00 (base bid) and a 10% contingency in the amount of $44,990.00 should any deficiencies be discovered during the project, for a total of $494,890.00; the City Council also adopted Resolution No. 9144. These motions occurred by the following vote:

Motioned by: Council Member Goodson; Seconded by: Vice Mayor Smith Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None
56 Item 5.

June 20, 2023~2:30 PM Oroville City Council Meeting Minutes Page 4 of 7

5. TASK ORDER NO. 8 FOR PROFESSIONAL SERVICES AGREEMENT WITH TROVER

CONSTRUCTION PROJECT MANAGEMENT, LLC
The City Council approved Task Order No. 8 under Professional Services Agreement with Trover Construction Project Management, LLC to perform construction management of City facility repair and remodel projects by the following vote:

Motioned by: Council Member Goodson; Seconded by: Vice Mayor Smith Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

6. CHANGE ORDER WITH R&R CONSTRUCTION FOR PORTLAND LOO PROJECT AT

BEDROCK PARK
The Council approved Change Order #1 for the additional proposed work at Bedrock Park as part of the 2023 Portland Loo Project by the following vote:

Motioned by: Council Member Thomson; Seconded by: Council Member Johnstone Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith
Noes: Mayor Pittman

Absent: None
Abstention: None

7. AGREEMENT WITH INTERWEST FOR PLANNING SERVICES
The Council adopted Agreement No. 3460 -- A Services Agreement for professional Contract Planning Services by and between the City of Oroville and Interwest, Inc by the following vote:

Motioned by: Council Member Smith; Seconded by: Council Member Goodson Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None
57 Item 5.

June 20, 2023~2:30 PM Oroville City Council Meeting Minutes Page 5 of 7

8. APPLICATION FOR CALIFORNIA STATE PARKS RECREATIONAL TRAILS PROGRAM The Council adopted Resolution No. 9143 - Resolution of the Oroville City Council of City of Oroville Approving the Application for Grant Funds From the Recreational Trails Program by the following vote:

Motioned by: Council Member Smith; Seconded by: Council Member Goodson Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

9. PLACEMENT OF SOLID WASTE LIENS ON THE 2023-24 PROPERTY TAX ROLL The Council adopted Resolution No. 9138 – A Resolution of the Oroville City Council Adopting Direct Assessment for Delinquent Solid Waste Liens on the 2023-2024 Property Tax Roll and Authorizing the Mayor to Execute the Proposition 218 Certification of Tax Bill Levy by the following vote:

Motioned by: Council Member Smith; Seconded by: Council Member Goodson Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None

10. FACTORY INCRESASES ON PURCHASE OF T380 AND T880 DUMP TRUCKS FOR

STREET DEPARTMENT
The Council approved the additional surcharge for the T380 of $8,456.91 and the T880 of $468.32 by the following vote:

Motioned by: Council Member Smith; Seconded by: Council Member Goodson Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: None
58 Item 5.

June 20, 2023~2:30 PM Oroville City Council Meeting Minutes Page 6 of 7

REGULAR BUSINESS

11. DOCUMENTARY FILM BEING MADE ABOUT THE OROVILLE CHINESE TEMPLE The Council acknowledged receipt and approved the making of the film; and the request for $5000.00 in supporting funds from the Community Enhancement Fund by the following vote:

Motioned by: Council Member Johnstone; Seconded by: Council Member Thomson Ayes: Council Members Johnstone, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstention: Council Member Riggs

PUBLIC HEARINGS

12. 2023-24 ADOPTED BUDGET
The Council approved Resolution No. 9139 as well as the 2023-24 annual budget by the following vote:

Motioned by: Council Member Riggs; Seconded by: Council Member Goodson Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith
Noes: Mayor Pittman

Absent: None
Abstention: None

13. APPROPRIATIONS LIMIT
The Council conducted a public hearing and adopted the fiscal year 2023-24 Appropriations Limit by the following vote:

Motioned by: Council Member Riggs; Seconded by: Council Member Goodson Ayes: Council Members Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith
Noes: Mayor Pittman

Absent: None
Abstention: None
59 Item 5.

June 20, 2023~2:30 PM Oroville City Council Meeting Minutes Page 7 of 7 PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted Public Comment on this item: Bill Speer

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items
 Updates on the Gateway Project requested
 Update on the bike lane on Table Mountain requested
 Requested staff look into what it would take to develop a City mobile app.

The following member(s) of the public submitted Public Comment on this item: Bill Speer

3. Administration Reports
. Departmental reports for council update - May 2023
. Police Department Monthly Report

4. Correspondence
. PG&E notice company request change rates for 2024. (A.23-05-012)

ADJOURN THE MEETING
The meeting was adjourned at 7:28PM.

ATTESTED: APPROVED:
_________________________________ _____________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 60 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: PROPOSED REVISIONS TO CITY CHARTER
DATE: MARCH 5, 2024

SUMMARY
The Council previously directed staff to work with Council Member Goodson and Council Member Thomson on proposed changes to the City Charter to remove outdated language, update incorrect language and recommend changes to other sections of the Charter.

DISCUSSION
Upon direction from the City Council, Council Member Goodson and Council Member Thomson worked with City Administrator Ring, Code Enforcement Director Belser, and City Attorney Representative David Ritchie (“Review Team”) to identify outdated language, update incorrect language and recommend changes to other sections of the City Charter.

The Review Team met on five separate occasions (August 17, 2023, September 5, 2023, September 11, 2023, November 6, 2023 and November 11, 2023) to thoroughly comb over the various sections of the existing Charter. Proposed changes to the Charter were finalized on February 6, 2024.

The Review Team is seeking additional feedback on the Charter and along with the proposed changes. Following feedback, additional work will be make on the draft changes, and brought back to the Council for final approval. From there, the Team will work to put the proposed changes on the ballot for the General Election in November.

FISCAL IMPACT
None at this time.

RECOMMENDATION
Provide City Charter Review Team input on proposed changes to City Charter and provide any additional input on Charter.
61 Item 6.

ATTACHMENTS
City Charter with proposed changes; and
Summary of proposed City Charter changes.
62 Item 6.

Charter Proposed Changes – Summary
 Cleanup Items
o Identified City Clerk also as City Administrator
o Including all Department Heads as Officers
o Cleaned up how Council Members are elected (stated “at large”) o Removed language where it referenced other “body” beyond the Council making appointments o Removed historic/outdated language included in Charter regarding prior Charter documents o Removed language requiring Council meetings to start at 8:00pm o Added correct Government Code language where needed (it cited old code sections) o Struck language that spoke about posting and meeting requirements which is covered by the Brown Act
o Struck language re what a quorum is, again, covered by Brown Act o Struck ordinances being typewritten
o Cleaned up prosecution language done by the City Attorney to that of violations of the municipal code (vs. contested criminal cases)
o Cleanup language with regard to the how the minutes of the Council Meetings shall be kept o Changed the title of the Superintendent of Streets to Director of Public Works o Struck language requiring every citizen to lend the Chief of Police aid when requested. o Struck the requirement to have a Health Officer
o Cleaned up bond language in article XXI, Section 2
o Added updated government code section language to address filling the vacancy of elected officials o Struck the requirement to have a free public library
o Changed budget presentation to the month of June
o Changed the bond indebtedness to comply with State law o Struck the requirement to report to Council monthly a detailed statement of receipts and disbursements
o Expanded use of public dollars used to advertise the City, to also be used for a public benefit; and struck the cap of “4 cents on the $100 of assessed valuation in any such year” (current cap is set by Council Policy)
o Updated the language on contracts and advertising
o Changed the section on fire protection (Article XIX) to state that the City shall provide fire prevention services and protection services
 More Substantive Change Items
o Struck the requirement to have a City Treasurer and replaced City Treasurer with Director of Finance in some portions
o Change how the Council and Mayor are compensated (by ordinance vs. by Charter) o Revised the language Article III, Section 2, Right of Subpoena – changed from Mayor or Vice Mayor to City Attorney at the direction of the Council
o Struck much of the language in the Park Commission section, as the Commission functions in an advisory capacity to the Council
o Added language that if a vacancy (for appointed or elected positions) isn’t filled within 60 days, a Special Council meeting shall be held where an appointment shall be made (could be an interim appointment)
63 Item 6.

THE CHARTER* Article XII.
§ 1. Name. Article I. § 1. City clerk.

Article 11. §§ 1' 2 · RepealeAdr.ticle XIII.
§ 1. Boundaries. Article XIV.
§ 1. Expert accountant.

Article Ill.
§ 1. Powers of the city.

Article IV.
§ 1. Elections.

Article V.
§ 1. Initiative, referendum and recall.

Article VI.
§ 1. Officers and employees.

Article VII.
§ 1. The council.
§ 2. Meetings.
§ 3. Quorum.
§ 4. Ordinances.

Article VIII.
§ 1. Mayor.
§ 1a. Vice mayor.
§ 2. Right of subpoena.

Article IX.
§ 1. Planning commission.

Article X.
§ 1. Park commission.

Article XV.
§ 1. City treasurer.

Article XVI.
§ 1. City engineer.

Article XVla.
§ 1. Superintendent of streets.

Article XVII.
§ 1. Repealed.

Article XVIII.
§ 1. Chief of police.

Article XIX.
§ 1. Chief of fire department.

Article XX.
§ 1. Health officer.

Article XXI.
§ 1. Oath of office.
§ 2. Official bonds.
§ 3. Administering oaths.
§ 4. Compensation.
§ 5. Repealed.
§ 1. City attorney.

Article XI.
§ 1. Vacancies.

Article XXII.
§ 2. Additional duties of officers.

C-1
64 Item 6.

CHARTER
§ 1. Library.
§ 1. Fiscal year.

Article XXIII.

Article XXIV.

Article XXXI. Initiative Measure to Be
Submitted Directly to the Voters
§ 1. Title.
§ 2. Findings.
§ 3. City of Oroville's boundaries, etc.
§ 2. Tax system.
§ 3. Annual budget.
§ 4. Annual financial report.
§§ 5-14. Repealed.

Article XXV.
§ 1. Limit of bond indebtedness.

Article XXVI.
§ 1. Repealed.

Article XXVII.
§ 1. Advertising the city; inducing immigration.
§ 4. Prison Initiative enacted.
§ 5. Transmittal to State.
§ 6. Severability.
§ 7. Amendment.
* Editor's note. The Charter consists of Statutes 1933, p. 2904, as amended. It was adopted pursuant to section 8 of article XI of the state constitution, ratified by the qualified electors at a special municipal election held on October 22, 1931,
approved and adopted by the state legislature and filed with the secretary of state on January 27, 1933. Amendments are indicated by the historical citations follow- ing the amended sections in parentheses. Unless so indi- cated, the Charter derives unchanged from the original ad. A frontal analysis consisting of a numerical listing of the catchlines has been added and a uniform system of capi- talization has been employed.

Article XXVIII.
§ 1. Street and other public improvements.
§ 2. Contract work. Sec. 1.

Article I.

Name.
§ 3. Interest in contracts, etc., prohibited.
§ 4. Contracts.

Article XXIX.
§ 1. Franchises.

Article XXX. Miscellaneous.
§ 1. Official records.
§ 2. General laws applicable.
§ 3. Continuing officers and employees.
§ 4. Continuing ordinances in force.
§ 5. Continuing contracts in force.
§ 6. Validity.
§ 7. When Charter effective.

The municipal corporation now existing and
known as the "City of Oroville" shall remain and
continue a body politic and corporate in fact
and in law, by the name of the "City of Oroville"
and by such name shall have perpet- ual
succession.

Article II.

Sec. 1. Boundaries.

The boundaries of the City of Oroville shall
continue as now established, and the territory
embraced therein may be added to or diminished in accordance with the laws of the State of California governing the annexation and exclusion of territory by municipalities.

C-2
65 Item 6.

CHARTER
Article Ill.

Sec. 1. Powers of the city.

The City of Oroville may appear, sue and defend in all courts and places in all matters and proceedings; may have and use a common
seal and alter the same at pleasure; may, subject to the restrictions contained in this Charter, purchase, receive, hold and enjoy, sell, lease and convey real and personal property;
receive bequests, gifts and donations of all
kinds of property in fee simple, or in trust for
charitable and other purposes; and do all acts
necessary to carry out the purposes of such
gifts, bequests and donations, with power to
manage, sell, or lease or otherwise dispose of
the same in accordance with the terms of any
gift, bequest or trust; may improve any river or
channels flowing through the city or adjoining
the same; widen, straighten and deepen the
channels thereof, and remove obstructions
therefrom; construct and maintain embankments and other works to protect the city from overflow.

All rights and titles to property, all rights and
obligations under contracts or trusts, and all
causes of action of any kind in any court or
tribunal vested in the City of Oroville or in any
officer or employee thereof in his or her official
capacity, at the time this Charter becomes effective,* as well as all liabilities in contract or tort and causes of action involving the same
insofar as they affect the city and/or any officer
or employee thereof in his or her official capacity which shall be outstanding at the time this Charter becomes effective, shall continue
without abatement or modification by reason of
any provision hereof.

All ordinances or resolutions in force at the
time this Charter takes effect and not inconsistent therewith shall continue in force until amended or repealed.**
All public improvements or other proceedings
legally authorized prior to this Charter shall be
carried to completion under previously existing
laws or under this Charter.***
The powers or duties vested in city officers,
boards or commissions by law superseded by
this Charter shall be exercised, continued and
carried out by their successors or by other city
officers, boards or commissions, consistent
with the provisions of this Charter.

All functions of the city, and the powers and
duties of officers and employees charged with
the performance therefor, as these shall have
been apportioned among departments and
officers, and institutions, utilities, bureaus or
other subdivisions thereof, as existing at the
time this Charter shall go into effect, shall continue to be the functions of such departments and offices and the powers and duties of officers and employees assigned thereto, except as in, or under the authority of, this Charter
otherwise specifically provided.

The legally authorized officers and employees
of each of said departments and officers or
subdivisions thereof shall continue as the officers and employees of said departments and offices or subdivisions thereof, subject to the
conditions governing their respective appointments to such positions and except as in this Charter otherwise provided; and where part of
the functions and duties of any department or
office are by this Charter transferred or placed
in any other department or office, the persons
performing such functions and duties, shall be
transferred therewith.

The compensations legally authorized for the
several officers and employees shall be continued subject to the other provisions of the Charter.

The city may make and enforce all laws, ordinances and regulations necessary, convenient or incidental to the exercise of all rights and
powers in respect to its affairs, officers and
employees and shall have all rights and powers appropriated to a city, subject only to the C-3
66 Item 6.

CHARTER
restrictions and limitations provided in this
Charter, including the power to acquire and
construct plants, works, utilities, areas, highways and institutions outside the boundaries Sec.1.

Article V.

Initiative, referendum and
recall.
of the city, and maintenance and operations of
the same, and the exercise of functions or
maintenance of services outside the boundaries of the city, including the expenditure of funds therefor through any agency.

The specifications or enumeration in this Charter of particular powers shall not be exclusive.

The exercise of all rights and powers of the city
when not prescribed in this Charter shall be as
provided by ordinance or resolution of the city
council.
• As to effective date of Charter, see Char., art. XXX, § 7. •• See also, Char., art. XXX, § 4 as to ordinances continued in force.
... See also, Char., art. XXX, § 5 as to contracts continuing in force.

Article IV.

Sec. 1. Elections.

General elections shall be held in the City of
Oroville on the first Tuesday after the first
Monday in November of each even-numbered
year, under and pursuant to the general laws
governing elections, so far as the same may be
applicable, and except as herein otherwise
provided. Persons elected in April of 1981, or
their successors, shall hold office until November 12, 1984, and persons elected in April of 1983, or their successors, shall hold office
until November 10, 1986.

Where there are full council terms and short
council terms to be filled, the persons elected
by the highest number of votes shall be elected
to the full term offices. In the event that two or
more persons shall be elected by the same
number of votes, their term shall be fixed by lot.
{1941, p. 3484; 1955, c. 185; amended by vote
of the people, April 12, 1983)W
Ordinances may be initiated, or the referendum exercised on ordinances passed by the council, under and in accordance with the
constitution and general laws of the state, and
any elective officer may be recalled from office
under and in pursuance of the provisions of the
constitution and general laws; provided,
however, that initiative, referendum or recall
petitions, must be signed by at least 25% of the
number of eligible electors voting at the last
gen- eral municipal election.

Article VI.

Sec. 1. Officers and employees.

The officers of the City of Oroville shall be a
mayor, six members of the council, a Ccity
Cclerk/Ccity Aadministrator, a Ccity Aattorney,
all City departments heads which include but
are not limited to: a city treasurerDirector of
Finance, a Ccity Eengineer, a street
superintendentDirector of Public Works, a
Director of Community Development, a
Director of Code Enforcement, a Director of
Business DevelopmentAssistance and
Housing Development, a Cchief of Ppolice, and
a fFire Cchief, a health officer, . In addition, a
Pplanning commission, Ccommission and a
Ppark Ccommission members. , playground
and recrea- tion commission, and a board of
five library trustees; provided, the council may
by ordi- nance provide for such subordinate
officers, assistants, deputies, clerks and
employees as it deems necessary.

The members of the council shall be elected
from the city at large and shall hold office for
four years and until their successors are
elected and qualified.

The city clerk/city administrator and one or
more deputy city clerks shall be appointed and
hold office at the pleasure of the city council.
aThe city treasurer shall be elected and shall
hold office for four years and until a successor
is elected and qualified.

All other officers, assistants, deputies, clerks
and employees shall be appointed as provided
Commented [BR1]: We did discuss suggesting
term limits - however - we also discussed how that
could be challenging now that we have districts in
place. We can revisit this topic (term limits), if
desired.

Commented [BR2]: Added to account for districts.
67 Item 6.

CHARTER
in this Charter or as the council may provide
C-4
68 Item 6.

CHARTER
by ordinance in case no provision for their appointment is herein made, and they shall hold their respective offices or positions at the
pleasure of the appointing power, except as
otherwise herein provided.

Except as otherwise provided in this Charter,
where the appointment of any officer, assistant, deputies, clerks or employees that is vested in the council, the appointment and
removal must be made by a five-sevenths vote
of the members. Where such appointment is
vested in any other bBody the appointment
and re- moval must be made by a four-fifths
vote of the members of such body.

No increase or reduction shall be made in the
compensation paid any appointive officer
unless made by a five-sevenths vote of the
council or a four-fifths vote of such other body.
(1941, p. 3480; amended by vote of the people, April 12, 1983; amended by vote of the people, November 8, 1988)
Article VII.

Sec. 1. The council.

The legislative body of the City of Oroville shall
consist of a mayor (elected at large) and six
persons elected at large which body shall be
known as the council.

The members of the council shall be elected
by the qualified voters of the city at a general
municipal election to be held therein every
even-numbered year as hereinbefore provided.

They shall hold office for a period of four years
from and after the first Tuesday in January next
succeeding the day of their election and until
their successors are elected and quali- fied;
provided., the respective terms of the first
council elected under this Charter shall be as
follows, the three persons elected by the highest number of votes shall hold office for four years, the three persons elected by the next
highest number of votes shall hold office for two
years. In the event that two or more per- sons
shall be elected by the same number of votes,
their term shall be fixed by lot.

The members of the council and the mayor shall
receive as compensation as set by ordinance.
five dollars for each regular meeting attended;
provided, however, that the total sum to be
received by any one councilmember shall not
exceed the sum often dollars per month.

The members of the council shall not be
elected or appointed to any office or employment with the city, except as otherwise provided in this Charter.

In the event of resigning they shall not be entitled to vote on the selection of their successors.

The council shall have the power by ordinance
to provide for and appoint such other commissions and officials as may seem in its discretion necessary and proper, such officers shall serve at the discretion of the council, and at a
salary to be fixed by the council.

The council shall have the power by ordinance
to combine any city offices, which in its discretion seems for the best interests of the city. (Amended by vote of the people, November 8,
1988)
Sec. 2. Meetings.

The council shall meet at 8:00 p.m. on the first
Tuesday in January following the general municipal election and canvass the returns thereof. Should the first Tuesday fall on a holiday, the meeting shall be held the following day.

The new members and all newly elected officers shall then be inducted into office and a vice mayor shall be appointed as provided in
Article VIII, section 1a.

C-5
Commented [BR3]: Could not think of situation
where this was applicable.

Formatted: Indent: Left: 0.17", Right: 0.08", Space
Before: 3.75 pt, Line spacing: Multiple 1.13 li
69 Item 6.

CHARTER
The council shall hold a regular meeting at
least once a month at such time as it shall fix
by ordinance.

Special meetings may be called at any time by
the mayor or by three councilmembers in accordance with the Government Code of the State of California.with the provisions of
Section 54056 of the Government Code of the
State of Cali- fornia as the same may be from
time to time amended.

All meetings of the council shall be held in the
City Hall unless the an alternative location is
appropriately noticed. council by ordinance
pro- vides for another meeting place, and aAll
meet- ings shall be open to the public;.
provided, however, that whenever necessary
or conven- ient to hold any meeting at some
other place within the City of Oroville, the clerk
may, upon written instruction by the mayor and
after no- tice to the members of the council,
designate another meeting place by posting
written no- tice thereof at the regular place of
meeting at least one hour prior to the time
thereof. Such notice shall designate the place
where and the time when such meeting is to be
held, and a copy of such notice and the clerk's
certificate of the posting thereof together with
the mayor's instructions as aforesaid shall be
read into and filed with the minutes of such
meet- ing.

The council shall adopt rules for conducting its
proceedings. (1941, p. 3480; amended by vote
of the people, November 8, 1988; amended by
vote of the people, November 6, 1990)
Sec. 3. Quorum.

A majority of the council shall constitute a quorum for the transaction of any business, except as herein otherwise provided, but a less number may adjourn from time to time and
compel the attendance of absent members in
such manner and under such penalties as may
be prescribed by ordinance..

Sec. 4. Ordinances.

All proposed ordinances introduced in the
council shall be in printed or typewritten form.

The enacting clause of all ordinances passed
by the council shall read as follows: "The
council of the City of Oroville do ordain as follows:".

The affirmative vote of a majority of the council
shall be necessary to adopt any ordinance,
resolution or claim against the city, which vote
shall be taken by ayes and noes and entered
upon the record.

No ordinance shall be passed by the council on
the day of its introduction, nor within five days
thereafter, nor at any time other than a regular
meeting.

A proposed ordinance may be amended or
modified between the time of its introduction
and the time of its final passage, provided its
general scope and original purposes are retained.

All ordinances shall be signed by the mayor
and attested by the city clerk, and shall be
published in a manner that meets the
requirements of State law (which could include
publishing in local newspaper).an adjudicated
newspaper of general circulation and
circulated in the City of Oroville.

In lieu thereof, the publication of ordinances
may be satisfied by either of the following actions:

1. The city council may publish a summary
of a proposed ordinance or proposed
amendment to an existing ordinance.

Such summary shall be prepared by an
official designated by the city council. A
summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall
be posted in the office of the city clerk at
least five days prior to the city council
meeting at which the proposed ordinance
or amendment or alteration thereto is to
be adopted. Within 15 days after adoption
of the ordinance or amendment, the city
C-6
70 Item 6.

CHARTER
council shall publish a summary of the
ordinance or amendment with the names
of those city council members voting for
arid against the ordinance or amendment
and the city clerk shall post in the office of
the city clerk a certified copy of the full text
of such adopted ordinance or amendment
along with the names of those city council
members voting for and against the
ordinance or amendment; or

2. If the city official designated by the city
council determines that it is not feasible to
prepare a fair and adequate summary of
the proposed or adopted ordinance or
amendment, and if the city council so orders, a display advertisement of at least one-quarter page in a newspaper of general circulation printed and published in the County of Butte and circulated in the
city shall be published at least five days
prior to the city council meeting at which
the proposed ordinance or amendment or
alteration thereto is to be adopted. Within
15 days after adoption of the ordinance or
amendment, a display advertisement of at
least one-quarter page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment including information sufficient to enable the public to obtain copies of the complete text of such
ordinance or amendment, and the names
of those city council members voting for
and against the ordinance or amendment.

Notwithstanding the foregoing, any ordinance declared by the council to be necessary as an emergency measure for preserving the public peace, health or
safety, and containing the reasons for its
urgency, may be introduced and passed
at one and the same meeting, and if
passed by a five-sevenths vote shall become effective immediately. (Amended by vote of the people, November 5, 1996)
Article VIII.

Sec. 1. Mayor.

The mayor shall be elected and shall hold office for four years and until his or her successor is elected and qualified.

The mayor shall be the executive head of the
city. In case of riot, insurrection or extraordinary emergency he or she shall assume general control of the city government, and all its branches and be responsible for the suppression of disorders and the restoration of normal conditions.

In the name and on behalf of the city he or she
(or their designee) shall sign all contracts,
deeds, bonds and other legal instruments to
which the city is a party, and he or she shall
represent the city at all ceremonial functions of
a social or patriotic character when it is
desirable and appropriate to have the city
represented officially thereat.

He or she shall preside at all meetings of the
council and shall vote as a member of the
council, and shall receive such compensation
as is hereinbefore provided for members of the
council.

Sec. 1a. Vice mayor.

There shall be a vice mayor who shall be appointed by the city council to hold office at the pleasure of the council. He or she shall be a
duly qualified and acting member of the council. In the event of the termination of his or her tenure of office as councilmember from any
cause whatsoever, thereupon his or her tenure
of office as vice mayor shall forthwith cease
and determine. The appointment and removal
of the vice mayor may be made by a majority
vote of the council.

The vice mayor shall act as mayor pro ternpore in the case of absence, illness, death or C-7
71 Item 6.

CHARTER
other disability of the mayor and while so acting shall have all of the rights, powers and duties of the mayor.

Sec. 2. Right of subpoena.

The mayor or vice mayor shall have power to
administer oathsThe City Attorney, at the
direction of the Council, may issue a
subpoena, to compel the production of the
books, papers, documents for the City. and to
compel testimony whenever necessary in
proceedings before the Council. and
affirmations concerning any demand upon the
treasury, and in all mat- ters relating to the
duties of the city council, and to witnesses
examined in any investiga- tion had by said
council, or by any committee thereof duly
authorized to make such investi- gation. Said
mayor or vice mayor may issue subpoenas
under his or her hand and the seal of such city,
attested by the city clerk, to com- pel the
attendance of witnesses before such city
council or committee thereof. (1941, p. 3480.)
Article IX.

Sec. 1. Planning commission.

There shall be a board of planning commissioners consisting of the mayor as an exofficio member without vote except in the case of a tie; and seven citizens to be appointed by
the council to serve for four years each, without compensation.

The city planning commission shall have and
exercise all the powers and duties which are
now or may hereafter be granted to or imposed upon said department by state law, and such additional powers and duties as may be
granted or imposed by ordinance for the regulation and control of the platting and subdivision of lands.

No ordinance shall be adopted by the council
creating districts or zones for the purpose of
regulating the use of lands, the height, bulk,
location or use of buildings therein, and no ordinance changing, amending or altering any such ordinance shall be adopted until it shall
have first been submitted to the board of city
planning comm1ss1oners commissioners for
report and rec- ommendation.

It shall be the duty of the planning commission
within thirty days from the receipt of any such
request from the council for its recommendation in regard to any such ordinance, to make and file its report thereon with the council, and
should said board of city planning commissioners recommend against the approval of any such ordinance herein mentioned, the
council may adopt such ordinance only upon
majority vote of the whole of said council.

Should the board of city planning commissioners recommend the approval of any such ordinance, or fail to make any recommendation within the time mentioned herein, said council
may adopt such ordinance by a majority vote of
the whole council.

All plans for the location of public parks or
public playgrounds shall be submitted to the
city planning commission for report and recommendation. Such report shall be advisory only.

The department shall make reports and recommendations to the council and to the various departments of the city government on all matters involving the location of such public
improvements.

The city planning commission shall initiate
studies and make reports and recommendations to the council and the various departments of the city government on subjects related to the opening and widening of streets and other physical conditions, connected with
the development and expansion of the city.

It shall each year render to the mayor and
council a report of its activities during the preceding year, and its proposals for the future.

The first city planning commission under this
Charter shall be appointed by the council for
one, two, three and four year terms respectively. Thereafter the members of said board shall be appointed as provided herein. At least
72 Item 6.

CHARTER
C-8
73 Item 6.

CHARTER
three of the four members appointed as aforesaid shall have been members of the city planning commission immediately prior to this
Charter taking effect. (1961, c. 181; amended
by vote of the people, April 12, 1983; amended
by vote of the people, November 6, 1990)
Article X.

Sec. 1. Park commission.

There shall be a park commission consisting of
five members to be appointed by the council
each to serve for a term of five years, without
compensation.

The Park’s Commission shall advise the City
Council on all matters pertaining to the operation
and regulation of City Parks. The Council shall
receive recommendations of the Commission
prior to taking any action related to the Parks.
department of parks shall have the power and
duty:

1. To manage and control the parks owned
or operated by the City of Oroville.

2. To establish, maintain and operate parks,
with structures therein appropriate to park
purposes, within or without city limits.

3. To construct and operate, sell, rent or
lease concessions or privileges to be exercised in the parks for the operation of boathouses, refreshment stands, restaurants, amusement places or devices, par- cel checking rooms and lockers and other similar
purposes.

4. To establish schedules of charges for
special services.

5. To grant to the department of playgrounds and recreation the right to estab- lish, maintain and operate playground and
recreation facilities on lands under the control
of the department of parks upon such terms
and conditions as shall be fixed by the board
of park commis- sioners.

6. To have charge over and care of trees,
plants and lawns in parking along public
streets, subject to street improvements
authorized by the city.

7. To appoint a superintendent of parks who
shall have general supervision of all parks and
under direction of the park commission.

Appropriation may be made from the general
city funds for park purposes. All money arising
from appropriations above referred to or received by the department of parks from fees, sales, gifts or otherwise in connection with the
operation of the department shall be placed to
the credit of the department of parks in a fund
to be known as the park fund.

No money in the park fund shall be used for any
purpose other than the financial support of the
department of parks.

The board of park commissioners shall have
power to control and order, in the manner in this
Charter provided, the expenditure of all money
coming into the park fund, or from the sale of
bonds authorized by the city for financ- ing the
work of the park department, and to appropriate
and expend the same for the pur- poses of the
department, in accordance with the provisions
of this Charter.

Said board may invest any surplus funds under its control in bonds or other evidences of indebtedness of the United States, the State of
California, or of any political subdivision
thereof, and the income derived therefrom shall
be deposited in the city treasury to the credit of
the park fund.

No real property shall be acquired by the city for
park sites unless such sites are first ap- proved
by the board of park commissioners.

Said board shall have full control over all park
sites and no such sites shall be devoted to any
other purpose in whole or in part without permission from said board.

Whenever funds are donated by any person or
persons for the acquisition or construction of
C-9
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Line spacing: Multiple 1.16 li, No bullets or
numbering, Tab stops: Not at 0.45" + 0.45"
74 Item 6.

CHARTER
any building, structure, work or
improvement in a public park, and the donor
or donors thereof shall, at the time of such
donation, re- quest the appointment of a
special commis- sion to take charge of the
expenditure of such funds and to supervise
the construction of such improvement, the
council may, in its dis- cretion, if said
proposed improvement will in- crease the
value of such park for park pur- poses,
provide by ordinance for the appoint- ment
by the mayor, subject to the conforma- tion
by a majority of the council, of a special
commission to take charge of the
supervision of the construction of such
improvement and the expenditure of funds
donated therefor.

In the event funds are donated in the
manner provided for in this section for the
mainte- nance of any such improvement at
the time of construction thereof or
otherwise, the council may, by ordinance,
create a commission to be appointed under
the provisions of this section, which shall
have such powers and duties as to such
construction or maintenance as may be
conferred upon it by such ordinance.

All lands belonging to the city which may
hereafter be set apart, or dedicated for the
use of the public as a public park, shall
forever re- main to the use of the public
inviolate.

Article XI.

Sec. 1. City attorney.

There shall be a city attorney who shall be appointed by the city council, to hold office at the pleasure of the council. He or she shall be an
attorney-at-law, admitted to practice before the
supreme court of the State of California, and
shall have been in actual practice in the state
for at least three years next preceding his or
her appointment.

All other things being equal, an attorney who
has had special training or experience in municipal corporation law shall be appointed to this office if practicable.

Commented [BR4]: Consider striking this. The
only commission with current "authority" is the
planning commission. Could have this commis
articulate it's advisory functions via its bylaws.
75 Item 6.

CHARTER
The city attorney shall be legal advisor of the
council and all other city officials. He or she
shall draft all ordinances, resolutions, contracts or other legal documents, or proceedings required by the council, or other officials, except as may be otherwise provided.

He or she shall prosecute personally on behalf
of the people all contested criminal cases before the police coviolations of municipal code before the Superior Court, urt and shall
perform such other legal services as
needed.from time to time as the council may
require without compensation in addition to his
or her salary, unless such ser- vice requires
his or her presence outside the City of
Oroville.

He or she shall attend all meetings of the
council unless excused therefrom by the
council or mayor.

Article
XII.

Sec. 1. City clerk/City Administrator.

The city clerk/city administrator shall be the clerk
of the council.

It shall be the duty of the city clerk/city
administrator or a deputy designated by him or
her, to attend all ses- sions of the council and
keep a full and correct record of the
proceedings.

The proceedings of the council shall be kept in
a book marked "Minutes of the Council." .In
addition, hHe or she shall keep a record of all
book marked "Ordinances.," into which he or
she shall copy all city ordi- nances, certifying
that each is a full and cor- rect copy of the
original ordinance, and stating that the same
has been published as required bylaw.

Said record copy so certified shall be prima
facie evidence of the contents of the ordinance, and of its passage and publication, and shall be admissible as such in any court or
other proceeding. Such record shall not be
filed, but shall be returned to the custody of the
city clerk. He or she shall also keep a book
marked "Resolutions" into which he or she
C-10
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76 Item 6.

CHARTER
shall copy all resolutions passed by the council.

Both the books containing ordinances and
resolutions shall be adequately and comprehensively indexed.

He or she shall conduct promptly, and keep a
systematic record of, all correspondence between the council and others relating to city business.

He or she shall be the keeper of the corporate
seal of the city and shall affix the same to instruments or writings requiring authentication.

He or she shall safely keep all records, documents, ordinances, resolutions, books, and such other papers and matters, as may be
regularly delivered into his or her custody or
required by law or ordinance to be filed with
him or her.

He or she shall report to the city council
monthly, a detailed statement of the receipts
and disbursements of the city government and
the state of the various funds, and show the
balances of the budgeted appropriation, and of
any special improvement fund that may exist;
and at the expiration of the fiscal year make a
detailed statement of the receipts and disbursements of the city during said year, specifying the different sources of revenue and the amount received from each, the several appropriations made by the city council, and the amount of money expended under each, and
the objects for which they were made.
(Amended by vote of the people, April 12,
1983)
Article XIII.*
" Article XIII, of the Charter of the City of Oroville, relating to City Assessor and Board of Appraisers, is repealed. (Re- pealed by vote of the people, April 12, 1983)
Article XIV.

Sec. 1. Expert accountant.

The city shall retain a Certified Public Accountant to audit annually, in accordance with generally accepted auditing standards, the financial statements and accounts of the city.

It shall be the duty of the city clerk to keep on
public display in his or her office a report of
such audit for a period of sixty days after said
audit has been filed. (Amended by vote of the
people, April 12, 1983)
Article XV.

Sec. 1. City
treasurer.Director of
Finance
There shall be a city treasurerDirector of
Finance who shall be elected every four years
at the general elec- tionappointed by the
Council. It shall be his or her duty to collect all
taxes assessed by the city assessor otherwise.

He or she shall receive and keep safely all
moneys and securities belonging to the city
and coming into the hands, and pay out the
same only on warrants signed by the proper
officials, including the principal and interest
due on bonds of the city, including improvement bonds.

The treasurer shall deposit within forty-eight
hours of its receipt with a responsible banking
institution, in the city, all funds coming into his
or her possession, and shall obtain from such
banking institution bonds or other collateral as
security therefor, as provided by law.
(Amended by vote of the people, April 12,
1983)
Article XVI.

Sec. 1. City engineer.

There shall be a city engineer who shall be
appointed by the city council to hold office at
the pleasure of the council.

C-11
Commented [BR5]: Section is procedural/not
needed.

Commented [BR6]: Redundant.
77 Item 6.

CHARTER
It shall not be necessary that he or she be a
resident of the city at the time of his or her appointment.

As city engineer he or she shall be the custodian of, and responsible for, all maps, plans, profiles, field notes and other records and
memoranda belonging to the city, pertaining to
his or her office and the work thereof, all of
which he or she shall keep in proper order and
condition, with full indices thereof.

He or she shall turn the same over to his or her
successor upon relinquishing his or her office,
who shall give himN or her duplicate re- ceipts
therefor, one of which he or she shall file with
the city clerk.

All maps, plans, profiles, field notes, estimates
and other memoranda of surveys and other
professional work made or done by him or her
or under his or her direction or control during
his or her term of office, shall be the property
of the city.

He or she shall have supervision over all public work relating to the grading, paving, cleaning, lighting, watering and repairing of streets, the building of sewers and the disposal of
sewage, garbage and rubbish, also of all other
matters of an engineering character.

He or she shall have been at the time of his or
her appointment a licensed and practicing civil
engineer for a period of at least three years.

All other things being equal an engineer who
has had special training or experience in municipal engineering shall be appointed to this office if practicable.

Article XVla.

Sec. 1. Superintendent of streetsDirector
of Public Works.

There shall be a superintendent of
streetsDirector of Public Works who shall be
appointed by the council, to hold of- fice at the
pleasure of the council. He or she shall
perform such duties as may be prescribed now or hereafter, by ordinance or the general laws of the state.

Article XVII.*
* Article XVII, of the Charter of the City of Oroville, relating to city court and city judge, is repealed. (Repealed by vote of the people, November 8, 1988)
Article XVIII.

Sec. 1. Chief of police.

There shall be a chief of police who shall be
appointed by the city council to hold office at
the pleasure of the council. He or she shall be
the head of the police department of the city,
shall make rules and regulations for the management of the department, and shall have all the powers that are now or may hereafter be
conferred upon other peace officers by the
laws of the state. It shall be the duty of the chief
of police to preserve the public peace, and to
suppress riots, tumults and distur- bances. The
orders of the chief of police shall be promptly
executed by the police officers of the city for ,
and every citizen shall lend the chief of police
aid when so requested for the arrest of
offenders, the maintenance of public order or
the protection of life and property.

The chief of police shall execute and return all
process issued to the chief of police by legal
authority. The chief of police shall have authority and it is hereby made the duty of the chief of police to arrest persons violating any
law of the state or ordinance of the city.

Persons convicted of violating city ordinances
and sentenced to jail may be confined in the
county jail of Butte County. The chief of police
shall have such other powers and duties as
may be prescribed by the council by ordinance. (Amended by vote of the people, November 8, 1988; amended by vote of the people, November 5, 1996) C-12
Commented [BR7]: Procedural...not necessary to
include here.

Commented [BR8]: Legal concerns.

Commented [BR9]: BCSO
78 Item 6.

CHARTER
Article XIX. Article XXI.

Sec. 1. Chief of fire departmentFire
Protection
There shall be a fire chief who shall be appointed by the city council and hold office at the pleasure of the council. He or she shall be head
of the fire department of the city, and shall have
charge of and supervision over all matters
relating to the prevention and extinc- tion of
fires, and of all measures necessary to guard
and protect all property impaired thereby.

During the time of a fire, he or she shall have
supreme authority over the territory involved
therein, and all persons in the imme- diate
vicinity of the fire during such time, in- cluding
police officers, shall be subject to his or her
orders.

The fire chief shall make rules and regulations
for the government of the department, subject
to the approval of the council City shall provide
fire prevention and protection services.

Article XX.

Sec. 1. Health officer.

There shall be a health officer who shall be
appointedR by the city council and shall hold
office at the pleasure of the council. He or she
shall be a person who has been licensed to
practice medicine in the State of California, or
who has received special training in and been
granted credentials in public health work. He or
she shall exercise general supervision over the
health and cleanliness of the city, and take all
necessary measures for the preservation and
promotion thereof. He or she shall enforce all
laws, ordinances and regulations relative to the
preservation and improvement of the pub- lic
health, including those for the prevention of
disease, the suppression of unsanitary conditions, and the inspection and supervision of the production, transportation, storage and sale of
foodstuffs. (Amended by vote of the people,
November 8, 1988)
Sec. 1. Oath of office.

Every officer shall take and subscribe to the
constitutional oath of office before entering
upon the performance of his or her official duties.

Sec. 2. Official bonds.

All oOfficers handling managing city funds and
such other officers as the council may
determine musmay be required to furnish a
corporate surety bondg in an amount to be
determined by the Council, which surety bond
shall be conditioned on the faithful
performance of the duties imposed on that
respective officer as herein prescribed. Any
premium for such bond shall be a proper
charge against the City. t give bonds for the
faithful performance of their duties. The
amount of said bonds shall be fixed by the city
council. Such officers, before entering upon
their official duties, shall exe- cute a bond to
the city in the penal sum re- quired. Said bonds
shall be approved by the council and filed with
the city clerk, except the bond of the city clerk,
which shall be filed with the mayor.

Sec. 3. Administering oaths.

Every elective officer and every chief appointive official, including all members of boards and commissions provided for in this Charter,
or by ordinance, shall have the power to administer oaths or affirmations, in connection with any matter appertaining to the business of
the city.

Sec. 4. Compensation.

The council shall by resolution fix the compensation of all officers, also the compensation of all deputies, assistants and employees of such
officers. (Amended by vote of the people, November 8, 1988) Sec. 5. Reports of fees and
commissions.

Article XXI Section 5, of the Charter of the City
of Oroville, relating to reports of fees and
commissions, is repealed. (Repealed by vote
of the people, November 8, 1988)
Formatted: Indent: Left: 0.13", First line: 0.01",
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Multiple 1.09 li
Commented [BR10]: Repeal this section - County
provides.

Commented [BR11]: Similar language from City of
Palmdale.
79 Item 6.

CHARTER
C-13
80 Item 6.

CHARTER
Article XXII.

Sec. 1. Vacancies.

A. Any vacancy occurring in any office for
Council appointed staff, from whatever
cause arising shall be filled by
appointment by the council; and, in the
case of a vacancy in the office of mayor,
vice mayor, or councilmember such appointment may be made by a majority vote of the council; provided, further, that if
such vacancy exists in any elective office, such appointee shall hold office only until the first Monday after the next succeeding general municipal election at which election a person shall be elected
to serve for any balance of the unexpired
termthe vacancy shall be filled in
accordance to California Government
Code Section 36512(b), as may be
amended from time to time. Candidates
for office for such un- expired term shall
qualify in the manner provided in article IV,
section No. 1 of this Charter.

8.1. In the event a vacancy occurs in any
elective office within twenty days before
the next succeeding general municipal
election then such vacancy may be filled
by temporary appointment by majority
vote of the council for the interim until the
induction to office of councilmember
elected thereat, at which time such vacancy shall be filled by the new council as hereinabove provided.

C. In the event that a vacancy exists in any
elective or appointive office and the council fails to agree or for any reason does not fill such vacancy within sixty days af- ter
the same occurs, then a Special meeting
shall be called and the vacancy shall be
filled by majority vote at that meeting. The
appointment may be an interim
appointment. such vacancy shall be filled
by appointment by the mayor. Such
appointment shall be for the time and of
like effect as though made by the council
as hereinabove provided.

D. In the event that the seats of a majority of
the council shall become vacant, then the
city clerk shall call a special election at
once to fill the vacancies for the unexpired terms, and such election shall be Commented [BR12]: Only applicable to
appointments made by Council.

Commented [BR13]: Allows business to
continue/eliminated delays in filling positions - and
provides a path with simple majority for these rare
situations.
81 Item 6.

CHARTER
conducted substantially in the manner
provided by law for holding general municipal elections.

E. Except as herein otherwise provided, if
any member of the city council of the city
shall move outside the boundaries of
their jurisdictionfrom the city, or fail to
attend three consecutive regular city
council meetings without the permission
of the council, or shall resign, or be
convicted of a felony, or be adjudged
insane, or dies, his or her office shall
thereupon become vacant.

F. Notwithstanding any provision in this
Charter contained, whenever any person
has been elected or appointed to office
and for any reason fails or neglects to file
the official oath or bond, if required, or for
any reason fails to qualify within thirty
days after the commencement of the term
of office, the council may declare the office vacant and proceed to fill the vacancy as hereinabove provided. (1941, p. 3480; amended by vote of the people,
November 8, 1988; amended by vote of
the people, November 6, 1990)
Sec. 2. Additional duties of officers.

In addition to duties herein specified, all officers and boards shall perform such other appropriate duties appertaining to their office as may be prescribed by ordinance or by the
general laws.

Article XXIII.

Sec. 1. Library.

The free public library of the city shall be managed under and in accordance with the provisions of the general laws of the state relating to free public libraries. (Amended by vote of the
people, April 12, 1983)
C-14
Commented [BR14]: City does not have any
operational oversite of the County library located
within the City.
82 Item 6.

CHARTER
Article XXIV.*
* Secs. 5 to 14. Repealed by vote of the people, April 12, 1983.

Sec. 1. Fiscal year.

The fiscal year of the city shall begin on the first
day of July of each year, and end on the
thirtieth day of June of the following year.
(Amended by vote of the people, April 12,
1983)
Sec. 2. Tax system.

The council shall provide a system for the assessment, levy, and collection of city taxes upon real and personal property. By mutual
agreement, the County of Butte shall perform
those municipal functions which relate to the
assessment of property for purposes of taxation, the equalization and collection of taxes levied for municipal purposes, the collection of
assessments, and the sale of property for nonpayment of taxes or assessments.

It shall be the duty of the finance officerDirector
of Finance, within the time prescribed by law,
to compute the tax rates required to service
outstanding municipal debt, and submit same
to the city council.

Should the council fail to fix the tax rates within
the time prescribed, then the tax rates of the
previous year shall constitute the rates for the
current year. (Amended by vote of the people,
April 12, 1983)
Sec. 3. Annual budget
On or before the first day of In the month of
June of each year, the city administrator shall
present to the council a proposed budget for
the ensuing fis- cal year. Such budget shall
constitute the Pre- liminary Budget of the City
of Oroville, and a copy of same shall be on file
in the office of the city clerk. Not less than five
days after the preliminary budget is filed, the
city clerk shall fix a time for a budget public
hearing.

Final adoption of the budget shall be not later
than the first regular council meeting in July.

Tax rates for purposes of the service of outstanding municipal debt shall be fixed not earlier than the first meeting in July, nor later than the last day of August. (Amended by vote of
the people, April 12, 1983)
Sec. 4. Annual financial report.

It shall be the duty of the finance officerDirector
of Finance to prepare annually a consolidated
financial re- port of the city, including such
statements and schedules as may be
necessary to adequately describe the financial
condition of the city, and the results of its
operations for the fiscal year. Insofar as
practical, these statements shall be prepared
in accordance with generally ac- cepted
accounting principles as applied to municipal
corporations, and shall be subject to audit, as
described in Article XIV above. (Amended by
vote of the people, April 12, 1983)
Article XXV.

Sec. 1. Limit of bBond indebtedness.

The bonded debt of the city shall comply with
State law. at no time exceed a total of three
and seventy-five one hundredths percent
(3.75%) of the taxable value of all property
taxable for city purposes; provided, however,
that bonds issued for the acquisition,
extension, betterment, or mainte- nance of
municipally owned public utilities shall not be
counted as part of such limitation.

Provided further, however, that such bonds
shall have been voted by the electors of the
City of Oroville.

Provided further, that on the initiative of the
council by an appropriate resolution, and a
majority vote of the electors at the next general municipal election thereafter, this limit may be lowered or raised. (Amended by vote of the
people, April 12, 1983)
C-15
Commented [BR15]: Types of bonds can vary in
requirements, we will follow State law.

Commented [BR16]: Will follow whatever the State
law is
83 Item 6.

CHARTER
Article XXVI.*
* Article XXVI of the Charter of the City of Oroville relating to "Special Taxes and Bonds" is repealed. (Repealed by vote of the people, April 12, 1983.)
Article XXVII.

Sec. 1. Advertising the city; inducing
immigration.

The council may appropriate and spend money
from the funds of the city for any or all of the
following purposes: Exhibitions, celebra- tions,
fairs, entertainment of public guests, in- ducing
immigration, and generally for the pur- pose of
advertising the city or public benefit.

A. Provided, however,The Council may
required that any amount so appropriated
and spent is equaled by the public body
soliciting such funds from the council, and
that such appropriation made by the
council does not constitute more than
50% of such expenditure con- templated.

8. Provided further, that the total appropri- ated
for such expenditure shall not ex- ceed 4
cents on the $100.00 of assessed
valuation in any one year.

Article XXVIII.

Sec. 1. Street and other public
improvements.

A. The improvement, widening, extending,
opening and closing of streets, or rights of
way owned by the city, or in which the city
has an easement, whether within or
without the limits thereof, and the planting
of trees thereon, and the making of other
improvements authorized by laws of the
state, may be done, and assessments
therefor may be levied in conformity with,
and under the authority conferred by the
general laws of the state now in effect, or
which may hereafter be enacted.

8. Provided, that no such improvement shall
be undertaken or enforced when the cost
of such improvement exceeds the assessed valuation of any parcel of real property in front of which the improvement is to be made, as such assessed valuation appears on the assessment roll
of the city for the previous year.

Where such improvement happens by
reason of special conditions to exceed the
assessed value of any one parcel of real
property in the area to be improved, the
city council may declare that it is in the
public interest that such amount over said
assessed valuation shall be paid from the
general fund of the city.

If it appears that the assessed valuation
of any one parcel of real property will
prevent the formation of an improvement
district, any citizen may call for a review of
the assessed valuation of the real
property in the proposed district, whereupon the board of appraisers shall reappraise and determine what valuation is right and proper.

Provided also, that the petitions for the
improvement shall bear the signatures of
the owners of 51% of the street frontage
of property within the proposed district,
before the city council can order the work
to proceed.

C. Provided, however, that the council may
by ordinance adopt a procedure for the
opening, extending, widening, closing and
improvement of streets, alleys, rights of
way or other public places, the laying of
pipe and conduits, and the removal from
buildings, lots and grounds, and the
sidewalks opposite thereto, of dirt, rubbish, weeds, and other rank growth and materials, which may injure or endanger
neighboring property, or the health or
welfare of the inhabitants of the city, and
for making and enforcing assessments
C-16
84 Item 6.

CHARTER
against the property benefited, or affected
thereby, or from which removal is made,
for the cost of such improvements or removal, and may make such assessments a lien on such property superior to all
other claims or liens thereon, except
state, county and city taxes.

D. Provided, that no such ordinance shall
prevent the council from proceeding under any of the general laws of the state now in effect or which may hereafter be
enacted, subject, however, in all cases to
the provisions of subsection B of this article; provided, however, that where the work or improvement undertaken under
such ordinance or general law is necessary for the promotion or maintenance of public health or safety and the council by
resolution so finds, the council may proceed subject to such ordinance or general law and the provisions of subsection B shall not apply thereto.Unless Council
provides alternative direction, the City
shall follow the general law of the State.
(1941, p. 3480)
Sec. 2. Contract work.

In the erection, improvement and repair of all
public buildings and works, in all street and
sewer work or in or about embankments or
other works for protection against overflow,
and in furnishing any supplies or materials for
the same, the Local Agency Public Construction Act of the State of California Public Contract Code as the same now exists or may hereafter be amended shall apply. (1955, c.
185; amended by vote of the people, November 8, 1988)
Sec. 3. Interest in contracts, etc.,
prohibited.

No officer or employee of the city shall be or
become directly or indirectly interested in, or in
the performance of, any contract, or work or
business, or in the sale or purchase of any article, the expense, price, or consideration of which is payable from the city funds, or in the
purchase or lease of any real estate or other
property belonging to or taken by the city, except in his or her official capacity, on behalf of the city.

If any person in this section designated, other
than in such official capacity, shall, during the
time for which he or she was elected or appointed, acquire an interest in any contract with or work done for the city or any depart- ment,
branch or office thereof, or in any fran- chise,
right, or privilege granted by the city, unless the
same shall be devolved upon him or her by
law, he or she shall forfeit his or her office and
be forever barred and disqualified from being
elected, appointed or employed in the service
of the city, and all such contracts shall be
voidable at the option of the city council.

The ownership of less than five percent of the
capital stock or shares of a corporation or association with which a contract may be made shall not be considered as constituting an interest in the contract within the meaning of this section.

Sec. 4. Contracts.

The council shall advertise annually when
needed for sealed proposals or bids for services
needed by the City in accordance to State law.
printing and furnishing all letterheads,
stationery, tax bills, account books and other
printed matter likely to be re- quired during the
fiscal year.

Contracts for advertising or printing, as the
case may be, shall be awarded to the lowest
responsible bidder, provided no contract for
advertising shall be awarded to any newspaper except a newspaper of general circulation, as that term is defined by Chapter 1 of Division 7 of Title 1 of the Government Code.

Any city officer may purchase and bind the city
to pay for any item included in his or her budget
not exceeding $100.00 in any one complete
purchase.

C-17
Formatted: Indent: Left: 0.14", First line: 0", Right:

0.07", Space Before: 1.25 pt
85 Item 6.

CHARTER
By order duly adopted by a vote of five members, the council may authorize any official to bind the city without advertising, in an amount
not to exceed $2,000.00.

All purchases shall be made and contracts for
work shall be awarded in accordance with the
Local Agency Public Construction Act of the
State of California Public Contracts Code as
the same now exists or may hereafter by
amended. (1955, c. 185; amended by vote of
the people, November 8, 1988)
Article XXIX.
given by ordinance and subject to the referendum.

Within six months after this Charter takes effect, every public utility and every owner of a public utility franchise, shall file with the city
clerk, certified copies of all the franchises
owned or claimed, or under which any such
utility is operated.

The city shall compile and maintain a public
record of all public utility franchises and of all
public utility fixtures in the streets of the City of
Oroville.

Sec. 1. Franchises.

Every franchise or privilege to construct, maintain or operate any railroad, or other means of transportation in or over any street or highway,
or to lay pipes or conduits, or erect poles or
wires or other structures in or across any street
or highway for the transmission of gas,
electricity, or other commodity, or for the use of
public property or places now or hereafter
belonging to the city, shall be granted under
and in pursuance of the provision of the general laws of the state relating to the granting of franchises; provided no new franchise or the
renewal of an existing franchise shall be
granted except upon condition that at least two
percent of the gross annual receipts derived
from the use of such franchise shall be paid to
the city. In all cases the applicant for a franchise shall advance the cost of advertising the same.

Every such franchise shall require the grantee
thereof to agree to a joint use of its property to
others, wherever practicable, and nothing
herein shall be construed as prohibiting the
council from requiring other conditions not inconsistent with the constitution or general laws.

No franchise or privilege so granted shall be
sold, leased, assigned or othertwise alienated
without the express consent of the council
Article XXX. Miscellaneous
Sec. 1. Official records.

All books and records of every office and department shall be open to the inspection of any citizen during business hours, subject to proper
rules and regulations for the efficient conduct
of business of such department or office;
provided, the records of the police department shall not be subject to such inspection except by permission of the proper police authorities.

Copies or extracts, duly certified, from said
books and records open for inspection, shall
be given by the officer having the same in custody to any person demanding the same and paying or tendering the fee for such copies or
extracts, and an additional fee for certifying.

The city council, by resolution duly adopted,
shall set the fee to be charged for copies or
extracts and for certifying.

All officers and boards shall deliver to their
successors all papers, books, documents, records, archives, and other properties pertaining to their respective offices or departments, in their possession or under their control.
(Amended by vote of the people, April 12,
1983)
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86 Item 6.

CHARTER
Sec. 2. General laws applicable.

All general laws of the state applicable to municipal corporations now or hereafter enacted, and which are not in conflict with the provisions of this Charter, or with ordinances hereafter enacted, shall be applicable to the City of Oroville.

The council may adopt and enforce ordinances which in relation to municipal affairs, shall control as against the general laws of the
state.

Provided, that where a procedure for the exercising of any rights or powers belonging to a city, is provided by statute of the State of California, such procedure shall control and be followed unless a different procedure is provided in, or by ordinance enacted under authority of this Charter. (1955, c. 185; amended by vote of the people, April 12, 1983)
Sec. 3. Continuing officers and
employees.

All officers, assistants, and employees in office
when this Charter takes effect, shall continue
to hold and exercise their respective offices or
employment, under and subject to the terms
and provisions of this Charter until the election
or appointment and qualification of their successors in the manner prescribed in this Charter.

Sec. 4. Continuing ordinances in force. All
lawful ordinances, resolutions, and regulations in force at the time this Charter shall take effect,* and not inconsistent with its provisions,
are hereby continued in force until the same
shall have been duly amended, repealed or
superseded.
• See note to section 7 of this article.

Sec. 5. Continuing contracts in force.

All vested rights of the city shall continue and
shall not in any manner be affected by the
adoption of this Charter, nor shall any right,
liability, pending suit or prosecution, either in
behalf of or against the city, be affected by the
adoption of this Charter. All contracts entered
into by the city prior to the taking effect of this
Charter shall continue in full force and effect.

All public work begun prior to the taking effect
of this Charter shall be continued and perfected hereunder.

Sec. 6. Validity.

If any article, section, or part of a section of this
Charter is held legally invalid, it shall not be
held to invalidate or impair the validity of any
other section or part of section, unless it clearly
appears that such other section or part of a
section is dependent for its operation upon the
section or part of a section so held invalid.

Sec. 7. When Charter effective.*
This Charter shall go into effect upon its approval by the legislature, except for the purpose of electing the officers provided for herein; for which purpose it shall go into effect
on the expiration of the terms of the present
elected officials.
* Editor's note: The Charter was approved by the state legislature and filed with the secretary of state on January 27, 1933.

Article XXXI. Initiative Measure to Be
Submitted Directly to the Voters*
• Editor's note: This article was added in 2000.

Sec. 1. Title.

This measure shall be known as the People's
Choice Prison Initiative (People's Initiative).

Sec. 2. Findings.

In order to maintain the quality of life as sought
by the residents of the City of Oroville,
C-19
87 Item 6.

CHARTER
it is hereby accepted as a right and an obligation:

1. To preserve the current level of health and
safety services and other welfare is- sues
as they relate to the residents of the City
of Oroville;

2. To maintain the right to an orderly and
evenly distributed rate of growth, keeping
within the ability of the city to accommodate growth without straining available resources, be they provided by man or be
they natural;

3. To be able to preserve the quality of public services, health services, social workers, sewage treatment plants and landfill adequacy, which are often threatened by
excessive and rapid population growth
impacts.

In keeping within the process prescribed in the
California Election Code, the voters of the City
of Oroville hereby exercise their right to the
Initiative process whereby a constituency may
obtain the will of the voters to decide on important issues which impact them directly.

Therefore the people of the City of Oroville do
ordain as follows:

Sec. 3. City of Oroville's boundaries,
etc.

That the entire City of Oroville, and all the territory included within the city boundaries are hereby zoned prison-free by the enactment of
this, the People's Initiative.

Sec. 4. Prison Initiative enacted.

Should this initiative be enacted, any consideration of prison or any facility that has a function of incarcerating or housing prisoners shall be put forth on the ballot for approval by the
voters disclosing to them the following:
a. The proposed location of the prison;
b. The type of prison (e.g. maximum security, minimum security, etc.); c. The size of prison;
d. How the various factors impacting the
public shall be mitigated;
e. A commitment from the state, federal or
any other agency that they will pay for the
increased cost of direct and indirect services that result from the prison and that any cost incurred by the enforcement of
this Section (4), Subparagraph (e) shall be
borne by them;
f. Any and all potential changes to the disclosed information.

Sec. 5. Transmittal to State.

Upon adoption of this initiative, the city council
shall immediately transmit a copy of the initiative to the Governor of the State of California, the California Department of Corrections, and
all other appropriate state agencies.

Sec. 6. Severability.

If any subsection, part, subpart, paragraph,
subparagraph, clause or phrase of this initiative or any amendments or revision of this initiative is for any reason held to be invalid, the remaining portions will not be affected, but will
remain in full force and in effect.

Sec. 7. Amendment.

No part of this initiative shall be amended or
repealed except by passage of a ballot measure approved by a majority of voting.

C-20
88 Item 6.

CHARTER
_,_

CHARTER INDEX
-A- FINANCE
-FACCOUNTANT
Office established Art. XIV, Sec. 1

ADVERTISING CITY
Regulations Art. XXII, Sec. 1

ATTORNEY, CITY
Office established Art. XI, Sec. 1
-CCLERK, CITY
Office established Art. XII, Sec. 1

CONTRACTS
Conflict of interest Art. XXVIII, Sec. 3
Effect of provisions Art. XXX, Sec. 5
Procedures generally Art. XXVIII, Sec. 4
Required when Art. XXVIII, Sec. 2

COUNCIL, CITY
Established Art. VII, Sec. 1
Meetings Art. VII, Sec. 2
Ordinances, form Art. VII, Sec. 4
Quorum Art. VII, Sec. 3
-EELECTIONS
Initiative measures submittal to voters
amendment Art. XXXI, Sec. 7
city boundaries Art. XXXI, Sec. 3
findings Art. XXXI, Sec. 2
prison initiative Art. XXXI, Sec. 4
severability of provisions Art. XXXI, Sec. 6
title of provisions Art. XXXI, Sec. 1
transmittal to state Art. XXXI, Sec. 5
Procedure Art. IV, Sec. 1

ENGINEER, CITY
Office established Art. XVI, Sec. 1
Appropriations Art. XXVII, Sec. 1
Bond limit Art. XXV, Sec. 1
Budget Art. XXIV, Sec. 3
Fiscal year Art. XXIV, Sec. 1
Report, annual Art. XXIV, Sec. 4
Tax system Art. XXIV, Sec. 2

FIRE CHIEF
Office established Art. XIX, Sec. 1

FRANCHISES
Procedure Art. XXIX, Sec. 1
-GGENERAL PROVISIONS
Applicability of laws Art. XXX, Sec. 2
Boundaries established Art. 11, Sec. 1
Effective date of provisions Art. XXX, Sec. 7
Effect of provisions Art. XXX, Sec. 7
Name of city Art. I, Sec. 1
Ordinances
effect of provisions Art. XXX, Sec. 4
initiating Art. V, Sec. 1
Powers, city Art. 111, Sec. 1
Recordkeeping Art. XXX, Sec. 1
Validity of provisions Art. XXX, Sec. 6
-HHEALTH OFFICER
Office established Art. XX, Sec. 1

INITIATIVE MEASURE
See ELECTIONS
-LLIBRARY
Established Art. XXIII, Sec. 1
Cl-1
89 Item 6.

MAYOR ACCOUNTANT
-MMAYOR
Office established Art. VIII, Sec. 1
Subpoena right Art. VIII, Sec. 2
Vice mayor Art. VIII, Sec. 1a
-0-

OFFICERS, EMPLOYEES
See also Specific Officer
Bonds Art. XXI, Sec. 2
Compensation Art. XXI, Sec. 4
Duties, additional Art. XXII, Sec. 2
Effect of provisions Art. XXX, Sec. 3
Generally Art. VI, Sec. 1
Oath of office
administering Art. XXI, Sec. 3
required Art. XXI, Sec. 1
Vacancies Art. XXII, Sec. 1
-PPARK COMMISSION
Established Art. X, Sec. 1

PLANNING COMMISSION
Established Art. IX, Sec. 1

POLICE CHIEF
Office established Art. XVIII, Sec. 1
-SSTREETS
Contracts
See CONTRACTS
Improvements Art. XXVIII, Sec. 1

STREETS SUPERINTENDENT
Office established Art. XVla, Sec. 1
-TTREASURER, CITY
Office established Art. XV, Sec. 1
Cl-2
90 Item 6.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR,

LARK MCNEILL, INTERWEST PLANNING GROUP
RE: FIRST READING OF AN AMENDMENT OF OROVILLE MUNICIPAL CODE SECTION 17.16.010 – ACCESSORY DWELLING UNITS
DATE: MARCH 5, 2024

SUMMARY
The City Council will consider amending Municipal Code Section 17.16.010 (“Accessory Dwelling Units”) to bring the City’s ordinance into compliance with state law. The name is also changed from the original “Second Dwelling Unit” ordinance. The Planning Commission recommended approval of the draft ordinance before you at its regular meeting of January 25, 2024, after consideration of the staff report, Planning Commissioner comments, and public comment. If approved by the City Council, the City Council will hold a second hearing to formally adopt the ordinance amending Municipal Code Section 17.16.010.

DISCUSSION
The main changes to state law, including laws the Governor signed which went into effect January 1, 2024, are:

1. Allowing both accessory dwelling units (ADU)s and junior accessory dwelling units (JADU)s on the same property, in addition to the primary residence, for a total of three residences on an existing single-family lot.

2. Allows the creation of accessory dwelling units in multi-family zones.

3. Properties with JADUs must be owner-occupied.

4. Disallows local governments from requiring owner-occupancy of either a primary residence or an ADU on the same property until January 1, 2025. For properties with ADUs in existence before January 1, 2025, both residences can be rented out.

5. State law now allows local agencies to require ADUs to be “long-term” rentals of at least 60 days. The Planning Commission recommends not restricting rental terms, thus allowing ADU’s to be short term rentals (Airbnb, VRBO, etc.). The Council may accept or reconsider, in which case appropriate use restriction language would be added back to the ordinance.

6. Detached ADUs can now be legally subdivided with city parcel map approval and may be sold independently of the primary residence.
91 Item 7.

7. A State requirement that the City provide preapproved ADU building plans for use by any property owner wishing to pay for the use of the preapproved plans beginning January 1, 2025.

8. ADUs and JADUs may be prohibited if the proposed property is in the designated Very High Fire Hazard Zone and has only one direct point of access to a state highway.

The new ADU legislation greatly expands the ability of property owners to construct additional residences on their property. The new laws will allow a JADU, ADU, and a primary residence on every single-family zoned property. ADUs can be split from the original property through the parcel map process. This will allow the ADU owner to obtain a mortgage loan for the ADU.

The new laws also allow multi-family zoned properties to have up to 25% of the allowable units as ADUs. Staff does not expect any existing low-income multi-family developments to add any ADUs due to restrictions on existing financing on these sites, and the difficulty in refinancing the existing loans to add a relatively low number of smaller units to the loans.

Currently, almost all refinancing includes higher interest rates. There are no State grants to add ADUs to multi-family projects currently.

The adopted ADU ordinance must be submitted to HCD for approval.

FISCAL IMPACT
All ADUs and JADUs will pay applicable fees at the time building permit applications are submitted to the city. A discussion of the overall fees that apply to an ADU is included in the attached Planning Commission packet.

RECOMMENDATION
Staff recommends the following actions:

1. Adopt a Notice of Exemption for amendments to Municipal Code Section

17.16.0. 2. Adopt Resolution 9232 XXXX—FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.16.010 (“ACCESSORY DWELLING UNITS”).

ATTACHMENTS

1. Draft City Council resolution 9232XXXX, First reading of an ordinance - proposed amendments to Municipal Code Section 17.16.010.

2. Notice of Exemption (CEQA)

3. Planning Commission packet from the January 25, 2024, regular meeting 92 Item 7.
1 City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org

NOTICE OF EXEMPTION
TO: Butte County Clerk FROM: City of Oroville
25 County Center Drive 1735 Montgomery Street
Oroville, CA 95965 Oroville, CA 95965
Project Title: Revisions to Municipal Code Section 17.160.010. (Accessory Dwelling Unit Ordinance) Project Location – City wide
Project Location – City: City of Oroville
Project Location – County: Butte
Description of Nature, Purpose, and beneficiaries of project: Adoption of revisions to a city-wide ordinance modifying regulations and development standards for residential accessory dwelling units.

Name of Public Agency Approving Project: City of Oroville Name of Person or Agency Carrying Out Project: City of Oroville Exempt Status (Check One):

Ministerial (Sec. 21080(b)(1); 15268)
Declared Emergency (Sec. 21080(b)(3); 15269(a))
Emergency Project (Sec. 21080(b)(4); 15269(b)(c))
Categorical Exemption: State type & section number:
• Existing Facilities, Title 14, CCR, §15301.

Statutory Exemption: State code number:

Reasons why project is exempt: This action has been determined to be exempt from the California Environmental Quality Act (CEQA) review as follows:

Existing Facilities, Title 14, CCR, §15301
A project is exempt from CEQA if it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. This includes Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes). This ordinance is applicable city-wide to existing residential properties and structures in compliance with State planning law. The additional residential units created through this ordinance are exempt from density restrictions pursuant to Government Code Section 65852.2.
93 Item 7.
2 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the public agency approving the project? Yes No Lead Agency Contact Person: Wes Ervin Telephone: (530) 538-2408 Signature: Date:

Signed by Lead Agency
Signed by Applicant
94 Item 7.

ADU Planning Commission staff report for 12-1121-2023 Page 1 City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org

PLANNING COMMISSION MEETING Thursday, December 21, 2023 RE: Modifications to Municipal Code Section 17.16.010 - Accessory Dwelling Unit Ordinance
SUMMARY: The Oroville Planning Commission will review proposed modifications to Municipal Code Section 17.16.010 bringing the City’s Zoning Ordinance into compliance with new changes in State law regarding accessory dwelling units.

RECOMMENDATION: Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed ordinance.

2. Recommend that the City Council Adopt the Notice of Exemption as the appropriate level of environmental review in accordance with the California Environmental Quality Act (CEQA).

3. Adopt the recommended Findings for the draft ordinance.

4. Adopt Resolution No. P2023-232 with recommendations to the City Council APPLICANT: City of Oroville
LOCATION: all residential zones GENERAL PLAN: all residential land use designations
ZONING: all residential zone districts
FLOOD ZONE: various
ENVIRONMENTAL DETERMINATION: Categorically Exempt per Section 15303(a) of Title 14, California Code of Regulations.

REPORT PREPARED BY:
___________________________
Lark McNeill, Senior Planner
Interwest Planning Group
REVIEWED BY:
___________________________
Patrick Piatt, Director
Community Development Department
22 Item 2.
95 Item 7.

ADU Planning Commission staff report for 12-1121-2023 Page 2

PROJECT DESCRIPTION AND BACKGROUND

HISTORY
Major changes in State accessory dwelling unit law occurred in 2022 and 2023, intended to significantly increase the number of accessory dwelling units constructed annually in the State of California. These changes also limit the ability of local agencies to regulate construction of the three types of accessory dwelling units: a detached or stand-alone ADU, an attached ADU, and a Junior ADU (JADU)construction. Some of these changes include:

2.1. Allowing both accessory dwelling units (ADU)s and junior accessory dwelling units (JADU)s on the same property, in addition to the primary residence, for a total of three residences on an existing single-family lot.

3.2. Allows the creation of accessory dwelling units in multi-family zones.

4.3. Properties with JADUs must be owner-occupied.

5. Both the primary residence and the ADU can be rented out. Disallows local governments from requiring owner-occupancy of either a primary residence or an ADU on the same property until January 1, 2025. For properties with ADUs in existence before January 1, 2025, both residences can be rented out.

6.4. State law now allows local agencies to require ADUs to be “long-term” rentals of at least 30 days. The draft ordinance includes deed restriction requirements that no ADU or JADU may be rented out for less than sixty (60) days.

5. Detached ADUs can now be legally subdivided with city parcel map approval and may be sold independently of the primary residence, either through the standard parcel map process or the SB-9 process.

7.6. The city can generally require one new parking space for an ADU, a replacement space for a garage conversion, but no new spaces for a JADU.

8.7. A State requirement that the City provide preapproved ADU building plans for use by any property owner wishing to pay for the use beginning January 1, 2025.

9.8. ADUs and JADUs may be prohibited if the proposed property is in the designated Very High Fire Hazard Zone and has only one direct point of access to a state highway.

DISCUSSION
The proposed ordinance brings the city into compliance with the newest State laws regulating ADUs and JADUs. The adopted ADU ordinance must be submitted to HCD for approval.

The State has allowed ADUs for many years. The State Department of Finance states that 20,638 ADUs were constructed in 2022. The State continues to suffer from a shortage of housing units, and the Legislature decided to make it more economically 23 Item 2.
96 Item 7.

ADU Planning Commission staff report for 12-1121-2023 Page 3 feasible for average homeowners to construct an ADU on their property. The relatively high cost of constructing an ADU (currently $159,000 to $200,000 per ADU (not including city permit fees) has restricted ADU development. Financial lender institutions have been reluctant in the past to loan funds to construct ADUs in addition to the existing home loan on a property. In the past year more lenders and appraisers have become better educated about the benefits of an ADU.

The Governor signed new bills this year which go into effect January 1, 2024, which greatly expand the ability of property owners to construct additional residences on their property. The new laws will allow a JADU, ADU and a primary residence on every single-family zoned property. ADUs can also be split from the original property through the parcel map process. This will allow the ADU owner to obtain a mortgage loan for the ADU.

Any limits on where ADUs are permitted may only be based on the adequacy of water and sewer service and on the impacts on traffic flow and public safety. The city may not deny an application for a ADU due to lack of parking. Parking for an ADU may now be located in the front, side or rear yard setback areas. No design standards may be applied to the ADU other than height limits specified in the draft ordinance, unless the ADU is proposed on the same property as a structure listed on the California Registry of Landmarks. In those cases, design criteria are allowed to be placed on the ADU so that it does not negatively impact the historic structure.

By law, JADUs are always attached to the primary residence and be no larger than 500 square feet. Either the primary residence or the JADU must be owner occupied.

JADUs may be created within the interior of an existing residence. They may be created by minor additions to an existing residence. They cannot be free standing from the primary residence.

A State “exemption ADU”, found in Government Code section 65852(e), is an ADU of up to 800 square feet, 16 feet in height, and with four-foot side and rear yard setbacks.

Every property owner has the right to construct an “exemption ADU” on her/his property. To give an example of an 800 square foot unit, a typical residential garage is 20’x20’= 400 square feet in size. An 800 square foot ADU is approximately the size of two typical residential garages. State ADU Law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU. However, local fees ultimately impact the size of ADU a homeowner chooses to construct.

Allowable Fees
Most cities are finding that ADUs and JADUs are being constructed equal to or less than 750 square feet in size as larger ADUs and JADUs are subject to impact fees.

ADUs and JADUs less than or equal to 750 square feet in size are exempt from impact fees but may be subject to separate water or sewer connection fees if requested by the property owner or required by the service provider. If an ADU is 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of
24 Item 2.
97 Item 7.

ADU Planning Commission staff report for 12-1121-2023 Page 4 the ADU to the square footage of the primary dwelling unit. For example, a 2,000 square-foot primary dwelling with a proposed 1,000 square-foot ADU could result in 50 percent of the impact fee that would be charged for a new primary dwelling on the same site. In all cases, the impact fee for the ADU must be less than the primary dwelling.

School districts are authorized to levy impact fees for ADUs equal to or greater than 500 square feet pursuant to Section 17620 of the Education Code. ADUs less than 500 square feet in size are not subject to school impact fees. The Oroville Union High School and the Oroville City Elementary School Districts currently charge a combined total of $4.79 a square foot for new residential construction, applicable to all ADUs larger than 500 square feet.

Development Standards
The city’s zoning ordinance requires a 20-foot front yard setback for RL Zones and all primary residences in all residential zones15 feet in R-1. The draft ordinance requires a minimum 20-foot front yard setback unless adherence to that setback prevents an ADU of at least 800 square feet from being constructed on a property. If this occurs, the ordinance provides that the front yard setback necessary to allow an ADU of no less than 800 square feet be required. The draft ordinance requires a minimum fourfoot side, and rear yard setback for an ADU, consistent with State law. The city may not require a larger setback unless the proposed ADU is located on a site designated on the California Register of Historical Resources, or that is listed on the National Register of Historic Places. A larger setback than four feet may then be required as necessary to protect the architectural or historical significance of the primary structure.

One new parking space is required for an ADU, with several exceptions listed in the attached draft ordinance. ADU parking spaces will be allowed in the front, rear, and side yard setback areas. No new parking spaces are allowed to be required for JADUs.

New state laws prohibit cities from denying an ADU application due to lack of an onsite parking space.

New in the laws effective January 1, 2024, detached ADUs may now be sold separately from the primary residence through the City’s parcel map application process. The applicant must pay all applicable fees to divide the property. The advantage to creating a separate lot for an ADU is that more financing is available to finance the construction of the ADU if it is on a separate lot. A lot created for an ADU cannot be subdivided through this same process again.

Potential Condominium
Attached ADUs may be sold separately from the primary residence pursuant to the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). The Davis–Stirling Common Interest Development Act is the popular name of the portion of the California Civil Code beginning with section 4000, which governs condominium, cooperative, and planned unit development communities in California. Any ADU condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of the 25 Item 2.
98 Item 7.

ADU Planning Commission staff report for 12-1121-2023 Page 5 City’s subdivision ordinance. This is an expensive process, so staff anticipates processing very few of these applications.

Predevelopment Cost Grants
The State has established a $100 million grant program to assist in the construction of ADUs on single-family residential properties. Butte County property owners with an annual income of less than $73,280.00 are eligible to apply for a CalHFA grant in the amount of up to $40,000.00 for ADU predevelopment costs, such as soils reports, building permit fees, utility hookups, architectural and engineering fees. At $40,000.00 per grant, this is a total of 2,500 grants throughout the State.

Multi-family zoned ADUs
Effective January 1, 2024, accessory dwelling units are now allowed in multi-family zoned properties. Two detached accessory dwelling units are allowed on each multifamily property regardless of the zoning. Accessory units up to 25% of the number of existing units on a multi-family zoned property may be created within the existing floor area of the multi-family structure(s), or by constructing attached ADUs to the existing multi-family structure(s).

CHALLENGES
The city is served by the California Water Service Company, the City's sanitary sewer system, the Sewage Commission- Oroville Region (SCOR), South Feather Water and Power, the Thermalito Water & Sewer District (TWSD) and Lake Oroville Area Public Utilities District (LOAPUD). The general manager with SCOR indicated that there are approximately 1,500 residential service connections available at this time. After improvements to the sewer facility are begun next year, SCOR anticipates an additional 1,500 to 1,800 residential services connections will be available. Applicants will need to contact their providers directly to ascertain service availability.

FISCAL IMPACT
All ADUs and JADUs will pay applicable fees at the time building permit applications are submitted to the city.

PUBLIC NOTICE
The meeting date, time, and project description were published in the Oroville Mercury Register and posted at City Hall.

RECOMMENDATION: That the Planning Commission adopt/modify Resolution P2023-xx based on the findings in that resolution and forward their recommendation to the City Council for action.

ATTACHMENTS

1. Resolution P2023-xx23

2. Notice of Exemption (CEQA)

3. Draft accessory dwelling unit ordinance dated 12-11-23. 26 Item 2.
99 Item 7.

Oroville, California Municipal Code
Title 17 ZONING
Chapter 17.16 USE-SPECIFIC REGULATIONS

17.16.010 Accessory dwelling units.

Purpose. Accessory dwelling units are intended to increase the supply of non-transient housing.

Accessory dwelling units are permitted in all areas zoned to allow single-family or multifamily dwelling residential uses within the City limits unless the water and/or sewer provider indicates in writing to the City Building Department that it has insufficient capacity to serve the accessory or junior accessory dwelling unit. All accessory dwelling units must be rented out for terms longer than sixty (60) days. Any accessory dwelling unit may be rented separate from the primary residence. Any accessory dwelling unit (not including a junior accessory dwelling unit) may be sold separately from the primary residence as described in Government Code Section 65852.2(a)(10)(E) as amended.

Relationship with the General Plan and Zoning. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit which conforms with the requirements of this Chapter shall be deemed to be consistent with the General Plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the General Plan or zoning. Accessory Dwelling Units shall not be counted when determining residential density for conformance with General Plan or Zoning.

A. Definitions

1. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

3. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Revised 12-11-23 Page 1
27 Item 2.
100
Item 7.

Code.

4. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

5. “Nonconforming condition” means a physical improvement on a property that does not conform to current zoning standards or building code.

6. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

7. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

8. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

9. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

10. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

B. Permit Required.

1. Aplanning department application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstandingGovernment Code Section 65901 or 65906 or any City ordinance regulating the issuance of variances or special use permits. The City shall either approve or deny the planning department application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

2. If the planning department application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a building permit application to create a new single-family or multifamily dwelling on the lot, the City may delay approving or denying the planning department application for the accessory dwelling unit or the junior accessory dwelling unit until the City approves or denies the planning department application to create the new single-family or multifamily dwelling, but the planning department application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not approved or denied the completed planning department application within 60 days, the planning department application shall be deemed approved.

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3. A certificate of occupancy for an accessory dwelling unit shall not be issued before the certificate of occupancy is issued for the primary dwelling. An existing legally permitted accessory structure, accessory living unit, or family care unit may be converted into an accessory dwelling unit consistent with the provisions of the Chapter.

4. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit must be reviewed with the application for the accessory dwelling unit and issued at the same time as the building permit for the accessory dwelling unit.

C. If the City denies a planning department application for an accessory dwelling unit or junior accessory dwelling unit, the City shall, within the time period described within this section, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

D. Preapproved building plans. Beginning January 1, 2025, the City shall make available preapproved building plans for ADUs. The City will charge a reasonable fee for the use of the preapproved building plans. The City shall comply with Government Code Section 65852.27, as amended, regarding preapproved building plans for any type of accessory dwelling unit.

E. Addressing Accessory Dwelling Units. All accessory dwelling units shall be assigned an address. The Building Department will inform localagencies, serviceproviders, andtheUnitedStatesPostalServiceofthe address of the proposed accessory dwelling unitfollowed by an identifying letter or number.

F. Junior accessory dwelling unit (JADU). “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit has the same definition as defined by the State of California at the time an application for a junior accessory dwelling unit is received by the City. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

1. JADUs can only be constructed on a site with a proposed or existing single-family dwelling.

2. No JADU may occupy more than 500 square feet of an existing residence.

3. A JADU may be located within an existing legally authorized single-family dwelling that does not meet setback requirements and it would not be considered an expansion of a legal non-conforming structure unless the conversion increases the non-conformity of the structure.

4. No additional on-site parking is required for a JADU.

5. A separate entrance to the JADU shall be provided.

6. A JADU may share a bath with the single-family dwelling or have its own bath.

7. A JADU is required to include an efficiency kitchen as defined in Section 17958.1 of the State of California Health and Safety Code.

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8. For the purposes of fire and life protection ordinances and regulations, a JADU is to be considered part of the single-family dwelling.

9. A JADU shall not be sold separately from the primary residence.

G. Maximum Number of All Units. There are four categories of the allowed number of ADUs and JADUs on a single parcel. (A) One ADU and one JADU are permitted per lot. The JADU must be within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety. (B) One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and cannot exceed a maximum unit size of 850 square feet. (C) Multiple ADUs within the portions of multifamily structures that are not used as livable space at the time of the conversion of the non-residential floor space to an ADU are permitted, and in up to 25 percent of the existing multifamily structures. (D) Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits prescribed in Government Code Section 65852.2 (as amended at the time of the building permit application) and four-foot rear and side yard setbacks.

H. Location. A second dwelling unit may be either attached to or detached from the primary dwelling unit on the parcel. The City shall not issue a certificate of occupancy for an accessory dwelling unit before the City issues a certificate of occupancy for the primary dwelling.

I. Development Standards. ADUs shall be subject to the fees and charges allowed by the State of California at the time an application for an ADU is submitted to the City. ADUs shall conform to height, setback, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction within the zone in which the ADU is located with the following exceptions:

1. The combined site coverage of the primary dwelling unit and any accessory structures on the parcel are limited to the maximum allowable site coverage in the underlying zone district. An ADU square footage is not included in calculating the maximum allowable site coverage in the underlying zone district. A minimum front yard setback in the applicable zone is required unless this setback would prohibit the construction of an ADU of less than 800 square feet on the subject property. When necessary to deviate from the front yard setback, the required minimum front yard setback to create an ADU of at least 800 square feet will be established on a case-bycase basis as demonstrated on the proposed ADU site plan. A minimum setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU.

2. An existing legally authorized accessory structure which does not meet front, rear or side yard setback requirements may be converted to an ADU or reconstructed to the same dimensions as the existing structure and converted to an ADU and would not be considered an expansion of a legal, nonconforming use unless the conversion increases the non-conformity of the structure.

3. For an ADU, off-street parking shall be provided in accordance with the provisions of Municipal Code Section 17.12.070, except that in districts with a minimum lot area of at least 5 acres, parking Revised 12-11-23 Page 4
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spaces for the ADU may be surfaced with gravel. One (1) parking space is required per ADU, and the space may be provided through tandem parking. Parking for ADUs is allowed in front, rear and side setback areas. ADUs located: within one-half (½) mile walking distance of a public transportation stop along a prescribed route according to a fixed schedule, or located within one (1) block of a car share parking spot, or located entirely within the primary residence and the ADU does not result in a net increase in habitable floor area on the property, or located in an area where on-street permit parking is required, but such permits are not available to the tenant, or located within a designated historic district, are exempt from providing an additional off-street parking space.

4. All ADUs shall have exterior points of ingress and egress (door).

5. A maximum height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.

6. A maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit is also permitted.

7. A maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

8. A maximum height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.

This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.

9. The construction of ADUs units shall comply with City Building Code requirements in effect at the time of construction.

10. Fire sprinklers, however, shall not be required in an ADU or JADU if they are not required in the existing single-family or multifamily dwelling.

11. ADUs and JADUs are not allowed in a Very High Fire Hazard Zone as defined in Government Code Section 51178 unless the property has two separate points of direct access to a highway.

12. The property owner may elect to have a separate electrical and gas service provided to the JADU or ADU. The property owner may elect to have the JADU or ADU served by the existing electrical or gas service and will be required to upgrade any existing service connections as required by the building code or service provider.

13. Any ADU constructed on properties listed in the California Register of Historical Resources shall Revised 12-11-23 Page 5
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conform to the City of Oroville Municipal Code Section 17.44.040, Downtown Historic Overlay as necessary to prevent adverse impacts on that property. Any ADU constructed on properties located within the Downtown Historic Overlay abutting a property listed in the California Register of Historical Resources shall conform to the City of Oroville Municipal Code Section 17.44.040, Downtown Historic Overlay as necessary to prevent adverse impacts to the listed property.

14. The total floor area for a detached ADU shall not exceed 1,200 square feet, except that in districts with a minimum lot size of at least 5 acres, the ADU floor area shall not exceed 2,000 square feet.

15. For an attached ADU, total floor space may not exceed one thousand (1,000) square feet or fifty (50) percent of the floor space of the existing or proposed single-family dwelling, whichever is less.

In no instance shall the floor space of an attached ADU be restricted to less than one thousand (1,000) square feet for an attached ADU that provides more than one (1) bedroom or less than eight hundred fifty (850) square feet for an attached ADU that provides one (1) or less bedroom.

16. Notwithstanding any other provision of this section, an attached unit that qualifies as an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, shall be allowed regardless of the ratio between its floor area and the living area of the existing dwelling unit.

17. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

K. Multi-family zoned property. At least one accessory dwelling unit is allowed within an existing multifamily dwelling, and accessory dwelling units up to 25 percent of the existing multifamily dwelling units are allowed by right. Multiple accessory dwelling units may be created within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. Up to two accessory dwelling units are allowed on each multifamily zoned property, subject to the height and setback restrictions in this ordinance.

L. Fees. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. The construction of ADUs shall be subject to the payment of all fees applicable to the construction of a single-family dwelling on the same property.

M. Sale of Accessory Dwelling Units. Junior accessory dwelling units may not be sold separate from the primary residence on a legal lot.

N. Sale of Accessory Dwelling Unit by a Qualified nonprofit corporation. The City shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer as set forth in Government Code 65852.26 as amended, at the time an application under that section is submitted to the city. All conditions of Government Code 65852.26 apply, including but not Revised 12-11-23 Page 6
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limited to the requirement for separate utilities for the ADU and a 45-year low-income restriction on the JADU or ADU, whichever is proposed.
(1) For purposes of this section, the following definitions apply:
(a) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (b) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

O. Use Restriction.

1. Prior to obtaining a building permit for an ADU or JADU, a deed restriction, approved by the City, shall be recorded with the County Recorder's office, which shall include the prohibition on the use of any dwelling on the subject parcel for transient habitation. The deed shall state the ADU or JADU lease agreement shall be for a term equal to or greater than sixty (60) days.

2. The property owner shall provide the city, upon written request, a copy of the rental agreement with the occupant of the ADU or JADU. The ADU or JADU may not be sub-let or rented out to another individual or entity by the occupant.

3. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the zoning administrator, providing evidence that the ADU or JADU has in fact been eliminated. The City Building Department shall confirm this evidence in writing. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

4. The deed restriction is enforceable by the zoning administrator or his/her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

P. Conflicts If this ordinance conflicts with State law at the time an ADU or JADU building permit is submitted to the city, the State law shall govern. Where the Zoning Ordinance is silent, State law shall prevail for ADUs and JADUs.

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ATTACHMENT 1

CITY OF OROVILLE
PLANNING COMMISSION RESOLUTION NO. P2023-23

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OROVILLE, CALIFORNIA, recommending to the City of Oroville City Council modifications to Municipal Code Section 17.16.010 regarding accessory dwelling units.

WHEREAS, the State of California adopted significant changes to the State planning law regarding accessory dwelling units which go into effect January 1, 2024; and WHEREAS, accessory dwelling units are intended to increase the supply of nontransient housing; and WHEREAS, the City of Oroville Planning Commission held a public hearing on December 21, 2023, about proposed modifications to Section 17.16.010 of the City of Oroville Municipal Code, received public comment, and recommended adoption of a Notice of Exemption for modifications to Municipal Code Section 17.16.010, and modifications to Municipal Code Section 17.16.010 to the City Council.

FINDINGS:

1. The draft ordinance is categorically exempt from the California Environmental Quality Act pursuant to Section 15303(a), New Construction or Conversion of Small Structures, Title 14, CCR, §15303. This ordinance is applicable city-wide to existing residential properties and structures in compliance with State planning law.

2. The proposed regulations are consistent with State law pertaining to accessory dwelling units as of the date of this resolution.

3. The proposed regulations contained in the draft ordinance will encourage the construction of additional housing units within the City.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:

Section 1. That the Planning Commission recommends the City Council adoption of a Notice of Exemption pursuant to Section 15303(a), New Construction or Conversion of Small Structures, Title 14, CCR, §15303.

This ordinance is applicable city-wide to existing residential properties and structures in compliance with State planning law. The additional residential units created through this ordinance are exempt from density restrictions pursuant to Government Code Section 65852.2.

Section 2. The Planning Commission recommends that the City Council adopt the proposed modifications to Municipal Code Section 17.16.010 to bring 34 Item 2.
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this Section into compliance with Government Code Section 65852.2. as amended.

Section 3. The undersigned shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Planning Commission of the City of Oroville at a regular meeting on December 21, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Carl Durling, Chairperson
ATTEST:

Patrick Piatt, Director of Community
Development
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1 City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2430 FAX (530) 538-2426
www.cityoforoville.org

NOTICE OF EXEMPTION
TO: Butte County Clerk FROM: City of Oroville
25 County Center Drive 1735 Montgomery Street
Oroville, CA 95965 Oroville, CA 95965
Project Title: Revisions to Municipal Code Section 17.160.010. (Accessory Dwelling Unit Ordinance) Project Location – City wide
Project Location – City: City of Oroville
Project Location – County: Butte
Description of Nature, Purpose, and beneficiaries of project: Adoption of revisions to a city-wide ordinance modifying regulations and development standards for residential accessory dwelling units.

Name of Public Agency Approving Project: City of Oroville Name of Person or Agency Carrying Out Project: City of Oroville Exempt Status (Check One):

Ministerial (Sec. 21080(b)(1); 15268)
Declared Emergency (Sec. 21080(b)(3); 15269(a))
Emergency Project (Sec. 21080(b)(4); 15269(b)(c))
Categorical Exemption: State type & section number:
• Existing Facilities, Title 14, CCR, §15301.

Statutory Exemption: State code number:

Reasons why project is exempt: This action has been determined to be exempt from the California Environmental Quality Act (CEQA) review as follows:

Existing Facilities, Title 14, CCR, §15301
A project is exempt from CEQA if it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. This includes Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes). This ordinance is applicable city-wide to existing residential properties and structures in compliance with State planning law. The additional residential units created through this ordinance are exempt from density restrictions pursuant to Government Code Section 65852.2.
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2 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the public agency approving the project? Yes No Lead Agency Contact Person: Wes Ervin Telephone: (530) 538-2408 Signature: Date:

Signed by Lead Agency
Signed by Applicant
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ATTACHMENT 1

CITY OF OROVILLE
RESOLUTION NO.
9232

FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.16.010 - ACCESSORY DWELLING UNITS WHEREAS, the State of California adopted significant changes to the State planning law regarding accessory dwelling units which go into effect January 1, 2024; and WHEREAS, accessory dwelling units are intended to increase the supply of non-transient housing; and
WHEREAS, the City of Oroville Planning Commission held a public hearing on proposed modifications to Section 17.16.010 of the City of Oroville Municipal Code, received public comment, and recommended adoption of a Notice of Exemption for modifications to Municipal Code Section

17.16.010, and modifications to Municipal Code Section 17.16.010 to the City Council on December 21, 2023, and January 25, 2024; and
WHEREAS, at a duly noticed public hearing on xxx, 2024, the City Council considered the recommendation of the Planning Commission, property owners, and members of the public who are potentially affected by the changes described herein and considered the City’s staff report regarding the proposed Amendment.

The Council of the City of Oroville do ordain as follows:

Section 1. Section 17.16.010 of the Oroville Municipal Code is amended as indicated in Exhibit 1 to this Ordinance.

Section 2. This ordinance shall become effective on May1, 2024, or 30 days after the second reading is approved, whichever comes later.

Section 3. The City Clerk shall attest to the adoption of this ordinance. 111
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PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on March 5, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mayor, David Pittman
APPROVED AS TO FORM: ATTEST:

City Attorney, Scott E Huber Assistant City Clerk, Kayla Reaser 112
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EXHIBIT 1

17.16.010 Accessory dwelling units.

Purpose. Accessory dwelling units are intended to increase the supply of non-transient housing. Accessory dwelling units are permitted in all areas zoned to allow single-family or multifamily dwelling residential uses within the City limits unless the water and/or sewer provider indicates in writing to the City Building Department that it has insufficient capacity to serve the accessory or junior accessory dwelling unit. All accessory dwelling units must be rented out for terms longer than sixty (60) days. Any accessory dwelling unit may be rented separate from the primary residence. Any accessory dwelling unit (not including a junior accessory dwelling unit) may be sold separately from the primary residence as described in Government Code Section 65852.2(a)(10)(E) as amended.

Relationship with the General Plan and Zoning. Any Accessory Dwelling Unit or Junior Accessory Dwelling Unit which conforms with the requirements of this Chapter shall be deemed to be consistent with the General Plan designation and zoning for the parcel, regardless of any limitations on residential density imposed by the General Plan or zoning.

Accessory Dwelling Units shall not be counted when determining residential density for conformance with General Plan or Zoning.

A. Definitions

1. “Accessory dwelling unit” means an attached or a detached residential dwelling unit and garage that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

2. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

3. “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code.

4. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. 113
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5. “Nonconforming condition” means a physical improvement on a property that does not conform to current zoning standards or building code.

6. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

7. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

8. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

9. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

10. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

B. Permit Required.

1. A planning department application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Government Code Section 65901 or 65906 or any City ordinance regulating the issuance of variances or special use permits. The City shall either approve or deny the planning department application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot.

2. If the planning department application to create or serve an accessory dwelling unit or a junior accessory dwelling unit is submitted with a building permit application to create a new singlefamily or multifamily dwelling on the lot, the City may delay approving or denying the planning department application for the accessory dwelling unit or the junior accessory dwelling unit until the City approves or denies the planning department application to create the new single-family or multifamily dwelling, but the planning department application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the City has not approved or denied the completed planning department 114
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application within 60 days, the planning department application shall be deemed approved.

3. A certificate of occupancy for an accessory dwelling unit shall not be issued before the certificate of occupancy is issued for the primary dwelling. An existing legally permitted accessory structure, accessory living unit, or family care unit may be converted into an accessory dwelling unit consistent with the provisions of the Chapter.

4. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit must be reviewed with the application for the accessory dwelling unit and issued at the same time as the building permit for the accessory dwelling unit.

C. If the City denies a planning department application for an accessory dwelling unit or junior accessory dwelling unit, the City shall, within the time period described within this section, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

D. Preapproved building plans. Beginning January 1, 2025, the City shall make available preapproved building plans for ADUs. The City will charge a reasonable fee for the use of the preapproved building plans. The City shall comply with Government Code Section 65852.27, as amended, regarding preapproved building plans for any type of accessory dwelling unit.

E. Addressing Accessory Dwelling Units. All accessory dwelling units shall be assigned an address. The Building Department will inform local agencies, service providers, and the United States Postal Service of the address of the proposed accessory dwelling unit followed by an identifying letter or number.

F. Junior accessory dwelling unit (JADU). “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within an existing singlefamily structure and garage. A junior accessory dwelling unit has the same definition as defined by the State of California at the time an application for a junior accessory dwelling unit is received by the City. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.

1. JADUs can only be constructed on a site with a proposed or existing single-family dwelling.

2. No JADU may occupy more than 500 square feet of an existing residence. 115
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3. A JADU may be located within an existing legally authorized single-family dwelling that does not meet setback requirements and it would not be considered an expansion of a legal non-conforming structure unless the conversion increases the non-conformity of the structure.

4. No additional on-site parking is required for a JADU.

5. A separate entrance to the JADU shall be provided.

6. A JADU may share a bath with the single-family dwelling or have its own bath.

7. A JADU is required to include an efficiency kitchen as defined in Section 17958.1 of the State of California Health and Safety Code.

8. For the purposes of fire and life protection ordinances and regulations, a JADU is to be considered part of the single-family dwelling.

9. A JADU shall not be sold separately from the primary residence.

G. Maximum Number of All Units. There are four categories of the allowed number of ADUs and JADUs on a single parcel. (A) One ADU and one JADU are permitted per lot. The JADU must be within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure that meets specified requirements such as exterior access and setbacks for fire and safety. (B) One detached new construction ADU that does not maintain a minimum-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and cannot exceed a maximum unit size of 850 square feet. (C) Multiple ADUs within the portions of multifamily structures that are not used as livable space at the time of the conversion of the non-residential floor space to an ADU are permitted, and in up to 25 percent of the existing multifamily structures. (D) Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits prescribed in Government Code Section 65852.2 (as amended at the time of the building permit application) and four-foot rear and side yard setbacks.

H. Location. A second dwelling unit may be either attached to or detached from the primary dwelling unit on the parcel. The City shall not issue a certificate of occupancy for an accessory dwelling unit before the City issues a certificate of occupancy for the primary dwelling.

I. Development Standards. ADUs shall be subject to the fees and charges allowed by the State of California at the time an application for an ADU is submitted to the City. ADUs shall conform to height, setback, site plan review, fees, charges, and other zoning requirements 116
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generally applicable to residential construction within the zone in which the ADU is located with the following exceptions:

1. The combined site coverage of the primary dwelling unit and any accessory structures on the parcel are limited to the maximum allowable site coverage in the underlying zone district. An ADU square footage is not included in calculating the maximum allowable site coverage in the underlying zone district. A minimum front yard setback of twenty (20) feet is required unless this setback would prohibit the construction of an ADU of less than 800 square feet on the subject property. When necessary to deviate from the twenty (20) foot front yard setback, the required minimum front yard setback to create an ADU of at least 800 square feet will be established on a case-by-case basis as demonstrated on the proposed ADU site plan. A minimum setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU.

2. An existing legally authorized accessory structure which does not meet front, rear or side yard setback requirements may be converted to an ADU or reconstructed to the same dimensions as the existing structure and converted to an ADU and would not be considered an expansion of a legal, non-conforming use unless the conversion increases the non-conformity of the structure.

3. For an ADU, off-street parking shall be provided in accordance with the provisions of Municipal Code Section 17.12.070, except that in districts with a minimum lot area of at least 5 acres, parking spaces for the ADU may be surfaced with gravel. One (1) parking space is required per ADU, and the space may be provided through tandem parking. Parking for ADUs is allowed in front, rear and side setback areas. ADUs located: within one-half (½) mile walking distance of a public transportation stop along a prescribed route according to a fixed schedule, or located within one (1) block of a car share parking spot, or located entirely within the primary residence and the ADU does not result in a net increase in habitable floor area on the property, or located in an area where on-street permit parking is required, but such permits are not available to the tenant, or located within a designated historic district, are exempt from providing an additional off-street parking space.

4. All ADUs shall have exterior points of ingress and egress (door).

5. A maximum height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit. 117
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6. A maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit is also permitted.

7. A maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

8. A maximum height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.

9. The construction of ADUs units shall comply with City Building Code requirements in effect at the time of construction.

10. Fire sprinklers, however, shall not be required in an ADU or JADU if they are not required in the existing single-family or multifamily dwelling.

11. ADUs and JADUs are not allowed in a Very High Fire Hazard Zone as defined in Government Code Section 51178 unless the property has two separate points of direct access to a highway.

12. The property owner may elect to have a separate electrical and gas service provided to the JADU or ADU. The property owner may elect to have the JADU or ADU served by the existing electrical or gas service and will be required to upgrade any existing service connections as required by the building code or service provider.

13. Any ADU constructed on properties listed in the California Register of Historical Resources shall conform to the City of Oroville Municipal Code Section 17.44.040, Downtown Historic Overlay as necessary to prevent adverse impacts on that property.

Any ADU constructed on properties located within the Downtown Historic Overlay abutting a property listed in the California Register of Historical Resources shall conform to the City of Oroville Municipal Code Section 17.44.040, Downtown Historic Overlay as necessary to prevent adverse impacts to the listed property.

14. The total floor area for a detached ADU shall not exceed 1,200 square feet, except that in districts with a minimum lot size of at least 5 acres, the ADU floor area shall 118
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not exceed 2,000 square feet.

15. For an attached ADU, total floor space may not exceed one thousand (1,000) square feet. In no instance shall the floor space of an attached ADU be restricted to less than one thousand (1,000) square feet for an attached ADU that provides more than one (1) bedroom or less than eight hundred fifty (850) square feet for an attached ADU that provides one (1) or less bedroom.

16. Notwithstanding any other provision of this section, an attached unit that qualifies as an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, shall be allowed regardless of the ratio between its floor area and the living area of the existing dwelling unit.

17. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.

K. Multi-family zoned property. At least one accessory dwelling unit is allowed within an existing multifamily dwelling, and accessory dwelling units up to 25 percent of the existing multifamily dwelling units are allowed by right. Multiple accessory dwelling units may be created within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. Up to two accessory dwelling units are allowed on each multifamily zoned property, subject to the height and setback restrictions in this ordinance.

L. Fees. ADUs up to 750 square feet are exempt from impact fees, and ADUs that are 750 square feet or larger may be charged impact fees but only such fees that are proportional in size (by square foot) to those for the primary dwelling unit. The construction of ADUs shall be subject to the payment of all fees applicable to the construction of a single-family dwelling on the same property.

M. Sale of Accessory Dwelling Units. Junior accessory dwelling units may not be sold separate from the primary residence on a legal lot.

N. Sale of Accessory Dwelling Unit by a Qualified nonprofit corporation. The City shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer as set forth in Government Code 65852.26 as amended, at the time an application under that section is submitted to the city. All 119
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conditions of Government Code 65852.26 apply, including but not limited to the requirement for separate utilities for the ADU and a 45-year low-income restriction on the JADU or ADU, whichever is proposed.
(1) For purposes of this section, the following definitions apply:
(a) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. (b) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

O. Conflicts If this ordinance conflicts with State law at the time an ADU or JADU building permit is submitted to the city, the State law shall govern. Where the Zoning Ordinance is silent, State law shall prevail for ADUs and JADUs. 120
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