Oroville City Council
March 19, 2024

March 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
March 19, 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
1 March 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 7

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

1. 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 – Two cases.

2. Pursuant to Government Code Section 54957(b), the Council will meet with the Personnel Officer and City Attorney to consider an extension to the agreement related to the following position: City Attorney.

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. 2023 YEAR END FIRE REPORT
The City Council will receive the 2023 Year End Fire Report from Chief Chris Tenns.

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 – 13 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. DONATION OF HISTORICAL ARTIFACTS TO THE CHINESE TEMPLE The City Council may consider acknowledging the receipt of a donation to the Chinese Temple.

ACTION REQUESTED – ACKNOWLEDGE RECEIPT OF THE DONATIONS FOR THE

CHINESE TEMPLE AND RECOMMEND THAT THE CITY COUNCIL ACCEPT THE DONATIONS.
2 March 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 7

2. REQUEST TO WAIVE ADMISSION FEE FOR ANTIQUE APPRAISEL EVENT AT THE BOLT’S

ANTIQUE TOOL MUSEUM
The Council may consider a request to waive the admission fee for an Antique Appraisal event to be hosted by the Oroville Docent Association at the Bolt’s Antique Tool Museum on April 6, 2024.

ACTION REQUESTED - PROVIDE DIRECTION, AS NECESSARY.

3. HOUSING SUCCESSOR AGENCY ANNUAL REPORT
Receive and file the Housing Successor Agency Annual Report for Fiscal Year 2022-23.

ACTION REQUESTED - RECEIVE AND FILE THE HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR ENDING JUNE 30, 2023.

4. HOUSING ELEMENT ANNUAL REPORT
Receive and file the 2023 Housing Element Annual Progress Report

ACTION REQUESTED - RECEIVE AND FILE THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2023.

5. PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT APPLICATION FOR YEARS 2021 AND 2022
The Council may consider the submittal of an application to the Department of Housing and Community Development (HCD) for the City’s 2021 and 2022 share of the PLHA 5-year allocation.

ACTION(S) REQUESTED –

APPROVE THE SUBMITTAL OF A PLHA STREAMLINE GRANT AGREEMENT FOR YEARS 2021 AND 2022.

AUTHORIZE STAFF TO IMPLEMENT THE GRANT IF AWARDED; AND
ADOPT RESOLUTION NO. 9234 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM.

6. OROVILLE CITY EMPLOYEE MORTGAGE ASSISTANCE PROGRAM
The council may consider authorizing modifications to the Oroville City Employee Mortgage Assistance Program guidelines.

ACTION REQUESTED - AUTHORIZE REQUESTED MODIFICATION TO THE OCEMAP. 3 March 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 7

7. RATIFY MEMORANDUM OF UNDERSTANDING WITH BUTTE COUNTY FOR OPHIR ROAD

REHABILITATION PROJECT
The Council may consider ratifying the Memorandum of Understanding (MOU) with Butte County for the Ophir Road Rehabilitation Project.

ACTION(S) REQUESTED –

1. APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND BUTTE COUNTY FOR OPHIR RD. REHABILITATION PROJECT.

2. ADOPT RESOLUTION NO. 9235 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

OROVILLE AND THE COUNTY OF BUTTE FOR THE OPHIR ROAD REHABILITATION PROJECT.

8. PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT GEAR LOCKERS Council may consider authorizing the Fire Department to purchase personal protective gear lockers in an amount not to exceed $14,985.00.

ACTION REQUESTED - STAFF RECOMMENDS COUNCIL AUTHORIZE THE FIRE

DEPARTMENT TO PURCHASE PERSONAL PROTECTIVE GEAR LOCKERS IN AN AMOUNT NOT TO EXCEED $14,985.00.

9. FINANCIAL ADJUSTMENT OF CAL WATER ANNUAL FIREFIGHTER GRANT The Council will consider a financial adjustment to the annual firefighter grant awarded by the California Water Service (Cal Water) for the Oroville Fire Department. This proposed grant, earmarked for the Fiscal Year 2024 (FY24), aims to facilitate the acquisition of 10 handheld thermal imaging cameras and associated equipment.

ACTION(S) REQUESTED -

1. ACCEPT THE INCREASE FOR THE ANNUAL CAL WATER FIREFIGHTER GRANT IN THE AMOUNT OF $1,151.39.

2. AUTHORIZE THE PURCHASE OF GEAR KEEPERS, RETRACTABLE LANYARDS AND BATTERY CHARGING STATION.

10. PURCHASE OF BOSCH CRASH DATA RETRIEVAL SOFTWARE
The Council will consider the purchase of Bosch Crash Data Retrieval Software and equipment, to be used in support of the Oroville Police Department, which will be used to retrieve information from electronic communication devices within vehicles after an accident. The initial cost of this software, license, and tool kit is $29,250.00.

ACTION REQUESTED – AUTHORIZE THE PURCHASE OF BOSCH CRASH DATA RETRIEVAL SOFTWARE AND EQUIPMENT.
4 March 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 7

11. AMENDMENT TO CAPITAL PROJECT TASK ORDER 3 AMENDMENT WITH ROLLS,

ANDERSON & ROLLS
The Council may direct staff regarding amending Task Order 3 for the design of three (3) capital improvement projects to include needed geotechnical services.

ACTION REQUESTED - DIRECT THE CITY ADMINISTRATOR TO PROCEED WITH THE

TASK ORDER AMENDMENT DISCUSSED ABOVE WITH ROLLS ANDERSON & ROLLS CIVIL ENGINEERS.

12. CALRECYCLE FISCAL YEAR 2023-2024 TDA22 TIRE-DERIVED AGGREGATE GRANT

PROGRAM
The Council will consider ratifying the submission to the Cal Recycle 2023-2024 TDA22: TireDerived Aggregate Grant Program in the amount of $228,139.

RECOMMENDATION
Adopt Resolution No. – APPROVAL OF THE CALRECYCLE FISCAL YEAR 2023-2024 TDA22 TIRE-DERIVED AGGREGATE GRANT PROGRAM

13. CALRECYCLE FISCAL YEAR 2023-2024 TRP16 RUBBERIZED PAVEMENT GRANT PROGRAM.

The Council will consider ratifying the submission to the Cal Recycle TRP16: 2023-2024:

Rubberized Pavement Grant Program in the amount of $100,000.

RECOMMENDATION
Adopt Resolution No. – APPROVAL OF THE CALRECYCLE FISCAL YEAR 2023-2024 TRP16 RUBBERIZED PAVEMENT GRANT PROGRAM.

REGULAR BUSINESS

14. PROPOSED STRIPING AND SAFETY IMPROVEMENTS FOR MONTGOMERY STREET The Council may discuss proposed improvements to Montgomery Street and give direction to staff on how to proceed.

ACTION REQUESTED – PROVIDE DIRECTION TO STAFF ON PROPOSED IMPROVEMENTS.

15. FOURTH OF JULY FIREWORKS CONTRIBUTION OPTIONS
At the request of Mayor Pittman and Council Member Webber, the City Council will discuss and consider making a contribution to the Oroville Economic Alliance to help offset the cost of the annual 4th of July fireworks show.

ACTION REQUESTED - DISCUSS AND APPROVE A CONTRIBUTION AMOUNT TO SUBMIT TO THE OROVILLE ECONOMIC ALLIANCE FOR THE ANNUAL 4TH OF JULY FIREWORKS SHOW.
5 March 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

16. APRIL 18, 2024, CHAMBER OF COMMERCE ANNUAL DINNER AND AWARDS CEREMONY The Oroville Chamber of Commerce Communications Director has requested that the City Council sponsor one table at their Annual Chamber of Commerce Dinner, due to be held on April 18, 2024. Historically, the City Council has purchased a table for this event.

ACTION REQUESTED - PURCHASE ONE TABLE.

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]

17. 5:00PM - SECOND READING OF ZONING CODE AMENDMENT (ZC) 23-03, AMENDING SECTION 17.12.060 (TREE PRESERVATION), SECTION 17.12.065 (OAK TREE LOSS MITIGATION) AND SECTION 17.48.070 (TREE REMOVAL PERMITS) OF THE OROVILLE

MUNICIPAL CODE (OMC)
The Council will consider adopting ZC 23-03, amending the City’s oak tree loss mitigation standards, requirements, and applicability as found in Section 17.12.065 of the Oroville Municipal Code (OMC). ZC 23-03 would also amend Section 17.12.060 pertaining to tree preservation requirements and Section 17.48.070 pertaining to the City’s tree removal permit requirements.

ACTION(S) REQUESTED -
ADOPT ORDINANCE NO. 1877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.060 “TREE PRESERVATION”, SECTION 17.12.065 “OAK TREE LOSS MITIGATION”, AND SECTION 17.48.070 “TREE REMOVAL PERMITS” ADOPT RESOLUTION NO. 9213 AMENDING THE CITY’S MASTER SCHEDULE OF USER

AND REGULATORY FEES BY ADDING AN OAK TREE MITIGATION IN-LIEU FEE TO THE

PLANNING FEES
6 March 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 7 of 7

18. 5:00PM - SECOND READING OF ZONING CODE AMENDMENT (ZC) 24- 02; CHANGING THE SECTION’S TITLE FROM SECOND DWELLING UNITS TO ACCESSORY DWELLING UNITS AND AMENDING MUNICIPAL CODE SECTION 17.16.010
The Council will consider adopting ZC 24-02, changing the title of Municipal Code Section

17.16.010 from Second Dwelling Units to Accessory Dwelling Units, and establishing regulations and standards for accessory dwelling units.

ACTION REQUESTED - APPROVE THE SECOND READING AND INTRODUCE BY TITLE ONLY, ORDINANCE 1878 – AN ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING SECTION 17.16.010 OF THE ZONING ORDINANCE OF THE CITY OF OROVILLE CONSISTENT WITH STATE LAW RELATING TO ACCESSORY DWELLING UNITS.

19. 5:15PM - PUBLIC HEARING - CONTINUED FROM DECEMBER 19, 2023 - FEATHER RIVER

RECREATION AND PARK DISTRICT NEXUS FEE STUDY AND PROPOSED FEE

INCREASES
The Council shall continue the public hearing, which was initiated on December 5, 2023, continued to December 19, 2023, and again continued to March 19, 2024 with regard to consideration of adopting the Feather River Recreation and Park District Park Impact Fee Nexus Study along with an eight-year phased in approach to implement the new Park impact fees.

ACTION REQUESTED - CONTINUE THE PUBLIC HEARING UNTIL MAY 21, 2024.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. Monthly Report from the Oroville Police Department

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on April 2, 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. 7 OROVILLE FIRE DEPARTMENT
STATISTICS PACKAGE 1/1/2023 to 12/31/2023
8 Item 1.

OROVILLE FIRE DEPARTMENT
BATTALION 9 RESOURCE RESPONSES

NUMBER OF INCIDENTS BY INCIDENT TYPE
MEDICAL - 6,358
STRUCTURE FIRES - 161
VEGETATION FIRE - 253
OTHER FIRES - 1,014
HAZMAT / HAZARDOUS CONDITIONS - 178
PUBLIC ASSISTS - 507
ASSIST LAW ENFORCEMENT (OPD) - 2
TOTAL NUMBER OF INCIDENTS - 8,473
2 9
Item 1.

TOTAL RESPONSES - 6, 894
MEDICAL - 5,486
STRUCTURE FIRES - 98
VEGETATION FIRES - 132
OTHER FIRES - 664
HAZMAT/ HAZARDOUS CONDITIONS - 125
PUBLIC ASSISTS - 389

OROVILLE CITY ENGINE

RESPONSES
3 10
Item 1.

TOTAL RESPONSES - 729
MEDICAL - 474
STRUCTURE FIRES - 10
VEGETATION FIRES - 10
OTHER FIRES - 99
HAZMAT/HAZARDOUS CONDITIONS - 34
PUBLIC ASSISTS - 102

OROVILLE CITY TRUCK

RESPONSES
4 11
Item 1.

TOTAL RESPONSES - 823
BATTALION 9A - 390
BATTALION 9B - 395
DIVISION 2106 - 38

OROVILLE CITY CHIEF OFFICER

RESPONSES
5 12
Item 1.

OROVILLE FIRE DEPARTMENT
BATTALION 9

OROVILLE CITY RESPONSES TO BUTTE COUNTY FIRE
DEPT - 1,535
OROVILLE CITY RESPONSES TO CAL FIRE - 113

BUTTE COUNTY FIRE RESPONSES TO OROVILLE CITY -
2,577
CAL FIRE RESPONSES TO OROVILLE CITY - 1,328
6 13
Item 1.

OROVILLE FIRE DEPARTMENT

TOTAL CALLS WITHIN THE CITY OF OROVILLE

NUMBER OF INCIDENTS / INCIDENT TYPE
MEDICAL – 5,614
STRUCTURE FIRES - 24
VEGETATION FIRE - 58
OTHER FIRES – 154
FALSE ALARMS - 385
HAZMAT / HAZARDOUS CONDITIONS - 102
PUBLIC ASSISTS - 402
ASSIST LAW ENFORCEMENT (CALFIRE) - 23
TOTAL NUMBER OF INCIDENTS - 6,762
14 Item 1.

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: HEATHER MCCAFFERTY, CULTURAL FACILITES CURATOR
RE: DONATION OF HISTORICAL ARTIFACTS TO THE CHINESE TEMPLE DATE: MARCH 19, 2024

SUMMARY
The City Council may consider acknowledging the receipt of a donation to the Chinese Temple.

DISCUSSION
The City recently received a donation of historical artifacts from Oroville’s Chinese community that were collected by C.F. Huntington beginning in the 1920s. The artifacts were donated by his grandson, Fred Huntington, to the Chinese Temple.

The donation has been reviewed by Heather McCafferty, Cultural Facilities Curator and have been deemed acceptable to add to the collection. The items are in compliance with Museum Policies & Procedures #20, which calls for items to be from, “the appropriate time period…with particular emphasis on the years of use by the Oroville Chinese Community – 1863-1936.”
The items offered for donation are extensive and collectively illustrate daily life of members of the Oroville Chinese community from the late 19th through the early 20th century. Included in the collection are Chinese bamboo hats, a tea basket, water carrying gourd, metal spatulas, cleavers, knives and blades, opium pipes, a coin sword talisman, glazed ginger jars, ceramic and earthenware vessels, bowls and tea cups, metal tea kettle, abacus, small glass medicine vials, metal opium boxes, ceramic opium bowl, fortune sticks, paint brushes, chop sticks, cloisonne and metal boxes, a small woven basket and a wood carved bowl.

The items were collected by his grandfather in the 1920s. Some items include tags with limited information, and there was one page of notes included in the donation paperwork that gave clues regarding previous owners of a few of the items, for example, the gourd for carrying water was said to be, “given by Old Charlie, caretaker,” and the abacus was, “given by Mrs. Chin Wing He.” Historical and interpretive research of this collection will be done to create a display that can be shared with the public in the future. This collection will broaden our ability to tell the story of the everyday lives of members of the Chinese 15 Item 1.

Community that came to the area in the 19th century.

FISCAL IMPACT
There is no fiscal impact at this time.

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

ATTACHMENT(S)
Deed of Gift
Temporary Receipt Form
Itemized Artifact List
16 Item 1.

Deed of Gift
Address:

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

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

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

Signature of Donor Date
Accepted by Date
City of Oroville Museums
Department of Parks & Trees
1 do hereby declare that 1 am the lawful owner ofthe above listed object(s) and/or have legal authority to make this gift, and that I have rea<
I do hereby give and convey to the City of Oroville, without limiting conditions, the following item(s):

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

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

1. The object(s) accepted shall become the permanent property ofthe City ofOroville. As such object(s) may be subject to conservation treatments, study and/or disposal. am familiar with the provisions ofthis Deed.
/l/l 7/2^2 $
^////
Donor Name: I,') TT 7 fcr 7"^
Phone: Emai 1
17 Item 1.
18 Item 1.

Email:

Address: A
Description ofItem(s) (continue on back):

Final acceptance or rejection ofthis gift will be made by the City Council.

Received by: Date:

Form Rev. 11/23
It is understood that the above object(s) are on temporary loan to Oroville City Museums for the purpose of evaluation. In the event that the Curator or City Council does not accept the object(s) the object(s) must be removed from the Museum within 30 days of notification. Any object not removed by this deadline shall automatically become the property ofthe City ofOroville and shall be subject to disposal.

The Museum shall exercise the same care with respect to the object(s) covered by this receipt as it does with respect to its own property ofsimilar kind or nature, however, object(s) left for consideration to the collection are left at your own risk.

CITY OF OROVILLE Museums

TEMPORARY RECEIPT FORM
NO, do not return the object(s). Disposition to be
appropriate.

The object(s) will be returned to the donor/authorized agent, upon surrender and signature ofthis receipt. If object(s) are not accepted into the collection ofthe Museum, do you want the object(s) returned?
Xyes, return the object(s)
The following object(s) are submitted to the Curator and Oroville City Council for consideration of donation to the collection of • Evaluation will be made with consideration ofthe relevance ofthe object(s) to the Scope ofCollections policy statement and acquisitions criteria of • The Curator and City Council cannot guarantee that any object donation will be displayed or exhibited in the museum. No employee ofthe City of Ckoville can undertake to appraise or attach a value to any object.

Received from: Phone: L
I have read and agreed to the conditions stated:

Donor: Date:
19 Item 1.
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Catalog/Accession Number
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23 Item 1.

Artifact
Opium Pipe
Bamboo Hat
Tea Basket
Bamboo Hat
Metal Cooking Spatula
Water Carrying Gourd Bottle
Piece of a Chinese Grave Stone
Copper Bowl
Wood Carved Bowl
Plaque
Large Metal Spoon
Large Metal Spoon
Knife
Knife
Coin Sword
Metal Cooking Spatula
Metal Cooking Spatula
Metal Cooking Spatula
Metal Cooking Spatula
Small Knife with Sheath
Metal Cleaver
Metal Cleaver
Ginger Jar
Ginger Jar
Eartenware Bottle
Eartenware Vase
Porcelain Tea Cup
Porcelain Tea Cup
Porcelain Bowl
Ceramic Bowl
Metal Tea Kettle
24 Item 1.

Three legged Tripod / Shallow Bowl
Opium Pipe
Opium Pipe Bowl
Chop Sticks
Opium Pipe
Fortune Sticks
Chop Sticks
Small basket with Lid
Small Cleaver Blade
Small Cereamic Jug
Wood Abacus
Small Glass Vile
Small Glass Vile
Small Glass Vile
Small Glass Vile
Small Glass Vile
Small Glass Vile
Small Glass Vile
Small Glass Vile
Small Glass Vile
Incense Sticks
Paint Brush
Paint Brush
Paint Brush
Paint Brush
Small Metal box with Lid - Crane Design
Small Cloissone Box with Lid
Small Pipe
Razor Blade
Paint Brush
Wood Abacus
Metal Opium Box with Lid
25 Item 1.

Metal Opium Box with Lid
Ceramic Opium Bowl
Small Cloisonne Saucer
Small Cloissone cylindrical lidded box
Metal Opium Box with Lid
Metal Opium Box with Lid
Metal Opium Box with Lid
Metal Opium Box with Lid
Metal Opium Box with Lid
26 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: HEATHER MCCAFFERTY, CULTURAL FACILITIE CURATOR
RE: REQUEST TO WAIVE ADMISSION FEE FOR ANTIQUE APPRAISEL EVENT AT THE BOLT’S ANTIQUE TOOL MUSEUM
DATE: MARCH 19, 2024

SUMMARY
The Council may consider a request to waive the admission fee for an Antique Appraisal event to be hosted by the Oroville Docent Association at the Bolt’s Antique Tool Museum on April 6, 2024.

DISCUSSION
Members of the Oroville Docent Association will host an Antique Appraisal event at the Bolt’s Antique Tool Museum on Saturday, April 6th from 10 am – 4 pm. The public is invited to attend the event, which is in the spirit of Antique Roadshow. There will be seating in the Bolt that will allow participants to watch and listen to the appraiser value and discuss each object.

Professional Appraiser, Erin Dewell, will appraise up to 3 items for $5 per item on a first come, first serve basis. Large items will be appraised by photo only. This will be the second Antique Appraisal event that the docents have hosted. The previous one was very successful and well attended. This event will bring locals and visitors alike to the museum and Historic Downtown area for a day of fun and discovery. The funds raised at the event will support the Oroville Docent Association.

At this time, staff is requesting the Council to consider waiving the general admission fee of $4 for adults (kids under 12 are free) for this event.

FISCAL IMPACT
The previous event drew 65 participants. Based on this number, we expect roughly the same number of participants to attend, which will result in an approximate loss of $260. 27 Item 2.

RECOMMENDATION
Provide direction, as necessary.
28 Item 2.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: HOUSING SUCCESSOR AGENCY ANNUAL REPORT
DATE: MARCH 19, 2024

SUMMARY
Receive and file the Housing Successor Agency Annual Report for Fiscal Year 2022-23.

DISCUSSION
The City of Oroville (“City”) is the Housing Successor Agency to the former Oroville Redevelopment Agency (“Housing Successor”). Health and Safety Code (“HSC”) Section 34176.1 (enacted by Senate Bill 341 and related legislation) requires the Housing Successor to prepare an annual report documenting compliance with expenditure proportionality and other requirements pertaining to its Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). The report is due to the California Department of Housing and Community Development (“HCD”) by April 1st annually. The report also must be presented to City Council and posted on the City’s website.

Housing Successor staff and consultants have prepared a Housing Successor Agency Annual Report for the Fiscal Year (“FY”) ending June 30, 2023. This report is being presented to City Council to receive and file and will be submitted to HCD.

The following sections summarize the Housing Successor’s finances and compliance with various requirements.

HOUSING SUCCESSOR AGENCY ANNUAL REPORT SUMMARY
Low- and Moderate-Income Housing Asset Fund
The Housing Asset Fund includes all the assets that were transferred from the Oroville Redevelopment Agency (“Agency”) to the Housing Successor upon dissolution of the former Agency. The assets included:
 Real properties,
 Personal property
29 Item 3.

 Low- and Moderate-Income Housing Fund encumbrances
 Loan/grants receivable, and
 Rents/operations (deferrals).

As of June 30, 2023, the Housing Asset Fund had a cash balance of $2,749,576 and a total portfolio value of $6,433,366. Most of the asset value is from loans receivable that are due to the Housing Successor.

The Housing Successor deposited $485,527 in revenues throughout FY 2022-23, which includes interest income, leases, loan payments, and miscellaneous revenues. For FY 2022- 23, the expenditures were primarily administrative costs equating to $97,837 in total funds used.

Property Disposition
Upon the dissolution of redevelopment, the former Agency transferred 19 real properties and associated rental income to the Housing Successor. Since dissolution, 6 additional real properties were taken back by the Housing Successor because the loans defaulted and resulted in foreclosure.

Outstanding Inclusionary and Replacement Housing Obligations At the time of its dissolution, the former Agency met its inclusionary and replacement housing requirements. Therefore, the Housing Successor is no longer subject to obligations related to inclusionary housing or replacement housing.

Income & Age Proportionality
If housing successors expend money on projects, State law requires at least 30% to be spent on extremely low-income rental housing in a five-year period, among other restrictions.

Additionally, State law also sets a 20% maximum on assisting 60-80% AMI units. State law also sets a limit of 50% on the portion of publicly assisted deed-restricted rental housing that may be restricted to seniors. During FY 2022-23, the Housing Successor had expenditures in the amount of $900,000 for a permanent supportive housing project for extremely low-income households. As a result, this complies with the five-year income proportionality targets requirements.

Excess Surplus
Senate Bill 341 reinstated a requirement to prevent housing successors from accumulating an excess surplus, which is generally defined as unencumbered cash that exceeds the greater of $1 million or the aggregate amount deposited into the Housing Asset Fund in the preceding four years.

For FY 22-23, the Housing Asset Fund had a beginning cash balance of $3,569,219. The sum of deposits in the prior four years is $3,427,153. The amounts reported did not accumulate an excess surplus during FY 2022-23.
30 Item 3.

Homeownership Unit Inventory
State law requires the annual report to contain an inventory of any homeownership units assisted by the Housing Successor that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies. The Housing Successor oversees 124 homeownership units with affordability restrictions.

FISCAL IMPACT
These are informational items with no fiscal impact.

RECOMMENDATION
Receive and file the Housing Successor Agency Annual Report for fiscal year ending June 30, 2023.

ATTACHMENTS
Attachment 1: Housing Successor Agency Annual Report for Fiscal Year 2022-23 31 Item 3.

HOUSING SUCCESSOR ANNUAL REPORT
City of Oroville Housing Successor
Fiscal Year 2022-23
32 Item 3.

Oroville Housing Successor Annual Report 2022-23

TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................... 1 Housing Successor .................................................................................................................................................1 Scope of This Housing Successor Annual Report..................................................................................................1 Assets Transferred to the Housing Successor .......................................................................................................1 BACKGROUND................................................................................................................................. 2 Legal Requirements About Housing Successors ...................................................................................................2 Permitted Uses of Housing Asset Funds ................................................................................................................3 Limits on the Accumulation of Housing Funds (Excess Surplus) ...........................................................................5 HOUSING ASSET FUND ACTIVITY................................................................................................... 6 Deposits and Fund Balance....................................................................................................................................6 Expenditures ...........................................................................................................................................................7 Ending Cash and Fund Balance .............................................................................................................................7 Housing Successor Portfolio...................................................................................................................................7 Real Property and Disposition Status .....................................................................................................................8 COMPLIANCE WITH EXPENDITURES & PRODUCTION LIMITS ....................................................... 9 Proportionality Requirements............................................................................................................................... 10 Senior Rental Housing Limit Compliance ............................................................................................................ 11 Excess Surplus .................................................................................................................................................... 12 OTHER INFORMATION ................................................................................................................... 13 Transfers to Other Housing Successors .............................................................................................................. 13 Homeownership Unit Inventory............................................................................................................................ 13 APPENDIX 1 – HOUSING ASSET TRANSFER FORM ...................................................................... 14 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS................................. 15 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS ..................................... 16 APPENDIX 4 – HOMEOWNERSHIP UNIT INVENTORY.................................................................... 18 33 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 1

INTRODUCTION
This Housing Successor Agency Annual Report (“Annual Report”) presents information on Fiscal Year (“FY”) 2022-23 expenditures and activities as required by Health and Safety Code (“HSC”) Section 34176.1(f), including but not limited to a housing successor’s compliance with certain expenditure activities over the year as well as a five- and ten-year planning period.

HOUSING SUCCESSOR
The City of Oroville (“City”) is the Housing Successor Agency (“Housing Successor”) to the former Oroville Redevelopment Agency (“Agency”), which was dissolved with all other agencies statewide by the Legislature in 2012. At the time of dissolution, a housing successor was to be selected for the transfer of, and to be responsible for, the remaining assets and liabilities of a former redevelopment agency. The Housing Successor is responsible for maintaining housing assets transferred from the former Agency.

Its main goal is to provide affordable housing for City residents.

SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT
This Annual Report is limited to the City’s activities as it relates to its role as a housing successor. This may include, but is not limited to, financial activities, property disposition, loan administration, monitoring of covenants, and affordable housing development. This Annual Report describes compliance with various annual, five-year, and ten-year housing expenditure and production requirements. FY 2022-23 is the third year of the current five-year compliance period for income proportionality, which began July 1, 2019, and ends June 30, 2024.

This Annual Report is due to the State of California (“State”) Department of Housing and Community Development (“HCD”) by April 1 annually and must be accompanied by an independent financial audit.

The City’s audited financial statements will be posted on the City's website when available. This report is an addendum to the Housing Element Annual Progress Report required by Government Code Section 65400, which is submitted to HCD by April 1 annually.

ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR
Upon the statewide dissolution of redevelopment in 2012, all rights, powers, committed assets, liabilities, duties, and obligations associated with the housing activities of the Agency were transferred to the Housing Successor. The Housing Successor prepared a Housing Asset Transfer (“HAT”) form that 34 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 2
provided an inventory of all housing assets transferred from the Agency to the Housing Successor. This included:

1. Real properties;

2. Personal property;

3. Low- and Moderate-Income Housing Fund (“LMIHF”) encumbrances;

4. Loans/Grants receivables; and

5. Deferrals.

All items on the HAT were approved by the California Department of Finance (“DOF”) on September 5, 2012.

It is important to distinguish that Housing Successor assets that were not transferred from the former Agency or generated by or purchased with assets from the former Agency are not subject to HSC Section 34176.1. A copy of the HAT is provided in Appendix 1.

BACKGROUND
This section summarizes the legal requirements for use of housing successor assets that are addressed in this Annual Report.

LEGAL REQUIREMENTS ABOUT HOUSING SUCCESSORS
In general, housing successors must comply with three major requirements pursuant to HSC Section 34176.1:

1. Expenditures and housing production are subject to income and age targets.

2. Housing successors may not accumulate an “excess surplus,” or a high unencumbered Housing Asset Fund balance based on certain thresholds.

3. Properties must be developed with affordable housing or sold within five to ten years of the DOF approving the HAT.
35 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 3
Appendix 2 provides a detailed summary of the reporting requirements that are addressed in this Annual Report.

PERMITTED USES OF HOUSING ASSET FUNDS
Under HSC Section 34176.1, former Agency assets and the revenues generated by those assets, are maintained in a Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). 1 The Housing
Asset fund replaced the former Agency’s Low- and Moderate-Income Housing Fund. Housing Asset Funds may be spent on:
 Administrative costs for the operation of the housing successor agency. The law allows a housing successor to spend the greater of:
o $200,000 per year adjusted annually for inflation, or o 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.

The $200,000 per year adjusted for inflation in FY 2022-23 is $ $263,100 according to HCD. The Housing Successor’s FY 2022-23 Portfolio value was $6,433,366 of which 5% is $321,668. The FY 2022-23 administrative cost limit is the higher figure of $321,668.  Homeless prevention and rapid rehousing services up to $250,000 per year if the former redevelopment agency did not have any outstanding inclusionary housing or replacement housing production requirements as of 2012. The City is eligible for this expense because the former Agency had met its inclusionary housing and replacement housing production requirements upon dissolution.
 Affordable housing development assists households up to 80 percent of the Area Median Income (“AMI”), subject to specific income and age targets over a five-year period.

1 The Housing Asset Fund replaced the former Agency’s Low- and Moderate-Income Housing Fund. 36 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 4
Five-Year Income Proportionality on Development Expenditures: Any Housing Asset Funds may be spent on the development of affordable housing projects affordable to low, very low, and extremely low-income households. “Development” is defined as “new construction”, acquisition and rehabilitation, substantial rehabilitation as defined in HSC Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in HSC Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years.” Over each five-year compliance period, the current one beginning July 1, 2019, at least 30 percent of such development expenditures must assist extremely low-income households (30% of AMI), while no more than 20 percent may assist low-income households (between 60-80% of AMI).

The balance of the funds may be used on very low-income households (defined as households earning between 30% and 60% of AMI).

The Housing Successor was in compliance during the first five-year compliance period which was from January 1, 2014, through June 30, 2019. The second, and current, five-year compliance period is from July 1, 2019, to June 30, 2024.

Note that housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all its funds in a single year on households earning between 60-80% of AMI, if it was 20 percent or less of the total expenditures during the five-year compliance period.

Should a housing successor not spend at least 30% of its development expenditures on extremely low-income households, or exceeds the amount spent on low-income households, future expenditures are subject to greater restriction until these proportionality targets are met.

Specifically, if a housing successor is unable to spend at least 30% of its development expenditures on extremely low units, it is required to increase this spending to 50% until compliant with the 30% threshold; a housing successor that spends more than 20% of its development expenditures on low-income units cannot spend any further funds on low-income developments until it is at or below the 20% threshold.

As such, tracking these expenditures and their progress over the corresponding five-year period is an important function of this Annual Report.
37 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 5
Ten-Year Age Proportionality on Units Assisted: If more than 50% of the total aggregate number of rental units produced by the city, housing successor, or former redevelopment agency during the past 10 years are restricted to seniors, the housing successor may not spend more Housing Asset Funds on senior rental housing.

It is important to stress that Housing Successor expenditure and production requirements are measured on different timeframes:
 One-Year Limits: Administrative Allowance and Homeless Prevention Allowance. Compliance is evaluated annually and resets every year.
 Five-Year Limit: Expenditures by Income Level. Compliance is evaluated over a fixed five-year period set by law, the current period being July 1, 2019, to June 30, 2024.  Ten-Year Limit: Number of Senior Deed-Restricted Units Assisted. Compliance is evaluated based on a rolling ten-year period that is different every year, the current period being FY 2012- 13 to 2022-23.

Appendix 3 describes Housing Asset Fund expenditure requirements in more detail, including the types of costs eligible in each category.

LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS

SURPLUS)
State law limits how much cash a housing successor may retain and, if it fails to commit and spend these dollars in a reasonable timeframe, ultimately penalizes the housing successor by requiring unspent funds to be transferred to HCD for use on State housing programs.

HSC Section 34176.1(d) establishes a limit, known as an “excess surplus” on the amount of unencumbered Housing Asset Funds based on the greater of the following:
 $1,000,000, or
 The total amount of deposits made into the Housing Asset Fund over the preceding four years.

Only amounts more than this threshold are considered an excess surplus. Once an excess surplus is determined, a housing successor must account for these funds separately and encumber said monies within three years. If after the third year, the excess surplus has not been fully encumbered, the remaining 38 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 6
Balance Type Amount
Interest Revenue $ 49,189
Other Fees 62
Misc. Revenue -
Lease to Own Payments 6,711
Interfund Transfers -
Loan Fund Interest 72,106
Loan Principal Payments 308,355
Refund and Reimbursements 49,104
Fed Grants 0
Total $ 485,527
Table 1: Housing Asset Fund Deposits, FY 2022-23
balance of the excess surplus is to be transferred to HCD within 90 days. HCD is permitted to use these transferred excess surplus funds anywhere in the State under its Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.

As part of the Annual Report, a housing successor must disclose any excess surplus and describe the housing successor’s plan for eliminating this excess surplus.

HOUSING ASSET FUND ACTIVITY
This section summarizes the Housing Asset Fund activities of the Housing Successor for FY 2022-23.

DEPOSITS AND FUND BALANCE
The Housing Successor deposited $485,527 into the Housing Asset Fund during FY 2022-23 from a variety of sources as shown in Table 1 below.
39 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 7

EXPENDITURES
The Housing Successor expended $97,837 in FY 2022-23, all on administrative costs. Significant expenses were salaries, health insurance, and outside services.

ENDING CASH AND FUND BALANCE
The Housing Asset Fund balance as of June 30, 2023, was $2,749,576, as summarized in Table 2 below.

HOUSING SUCCESSOR PORTFOLIO
The Housing Successor Portfolio includes 9 properties and 42 loans receivable transferred from the former Agency. The Portfolio had a value of $6,433,366 as of FY 2022-23, as detailed in Table 3 below.

Balance Type Amount
Cash $ 2,749,576
Accounts Receivable -
Interest Receivable -
Loans Receivable 6,046,552
Real Property Inventory 386,814
Accounts Payable -
Unearned Revenue (6,046,551.86)
Unearned Real Property Inventory (386,814.05)
Lease 15% Housing -
Ending Balance $ 2,749,576
Source: City of Oroville Fund 221 Balance Sheet (06/30/23) Table 2: Housing Asset Fund - Ending Balance as of June 30, 2023 40 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 8

REAL PROPERTY AND DISPOSITION STATUS
The Agency originally transferred 19 real properties to the City on the HAT form. Since then, an additional 6 real properties were taken back by the Housing Successor because the loans defaulted and resulted in foreclosure. Table 4 below describes each property and its current development or disposition status.

As of FY 2022-23, fifteen properties have been sold. The City will continue to evaluate each of the remaining twelve properties taking several factors into consideration, including whether it is more beneficial to develop properties to provide housing, or to receive sales proceeds to spend on affordable housing activities within the expenditure limitations set by HSC Section 34176.1.

Asset Amount
Real Properties
Value of Real Properties 386,814
Subtotal $386,814
Loans Receivable
Value of Loans Receivable 6,046,552
Subtotal $6,046,552
Total Portfolio Value $6,433,366
Source: City of Oroville Fund 221 Balance Sheet (06/30/23) Table 3: Housing Successor Real Property and Loans Receivable Portfolio 41 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 9

COMPLIANCE WITH EXPENDITURES & PRODUCTION
LIMITS
During FY 2022-23, the Housing Successor was in compliance with all annual and five- to ten-year planning period requirements as described in this section.

HAT
Item No.

Address
Property
Type
Statutory
Value
Status / Desired Action
1 1130 Pomona Avenue Vacant land 12,514 Transferring to VHDC 2 1550 & 1560 Veatch St. Vacant land 3,048 Transferring to VHDC 5 3265 Glen Avenue Single-family 110,318 Transferring to VHDC 8 33 Canyon Highlands Single-family 71,814 In contract for LPP 17 APN 033-232-021
(Oroville Dam Blvd) Vacant land - Considering sale, development, or donation 18 APN 033-232-001
(Oroville Dam Blvd &
Highlands) Vacant land - Considering sale, development, or donation 97 3555 Argonaut Ave Single-family - Foreclosed 2018
3 1729 Boynton Avenue Single-family 101,299 Sold at appraised value 4/12/19 4 3054 Spencer Avenue Single-family 76,523 Sold on 12/28/16 6 1289 Robinson Street Single-family - Sold in FY 2018-19 7 770 Robinson St. Single-family 64,313 Sold on 7/21/16 9 2712 Spencer Avenue Single-family 95,000 Sold through LPP in FY 2018-19 10 3027 Florence Avenue Single-family - Sold through LPP 11 115 Worthy Avenue Single-family Sold through LPP
12 218 Windward Way Single-family 125,000 Sold through LPP 13 1800 Pine Street Single-family - Sold through LPP
14 2178 Bridge St. Single-family - Sold through LPP
15 2950 El Noble Ave. Single-family 22,119 Sold through LPP 16 1930 Grant Ave. Single-family 65,000 Sold through LPP 19 1511 Robinson St. Vacant land -
Sold to PEP housing to develop Orange Tree
Senior Housing
82 119 Morningstar Single-family - Transferred to VHDC on 1/19/2022 98 3711 Ashley Ave Single-family - Transferred to VHDC
101 2244 Mitchell Ave Single-family 130,000 Sold on 9/22/2021 as a Market Rate Unit 100 2420 Baldwin Ave Single-family - Transferred to VHDC 102 1250 Robinson Single-family 165,000 Sold on 9/15/21 as a Market Rate Unit

REMAINING PROPERTIES

SOLD PROPERTIES
Table 4: Properties Transferred from the Former Redevelopment Agency 42 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 10

PROPORTIONALITY REQUIREMENTS
The Housing Successor fully complied with the Housing Asset Fund spending restrictions during the previous five-year compliance period of January 1, 2014, through June 30, 2019.

As summarized in Figure 1 below, the Housing Successor has also fully complied with all the Housing Asset Fund spending restrictions for the current reporting period:
 The Housing Successor expended $97,837 on allowable administrative costs and was below the maximum limit amount of $321,668. The annual limit is greater than $200,000 plus inflation or 5% of the Housing Successor Portfolio balance. As shown in Table 3 earlier, the Portfolio balance is $6,433,366, of which 5% is $321,668.
 Since no homeless prevention or rapid rehousing expenses were made in FY 2022-23, the Housing Successor was therefore in compliance with the $250,000 spending restriction.  For FY 2022-23, the Housing Successor had expenditures of $900,000 for a project that’s designated to extremely low households with permanent supportive housing. This complies with the five-year income proportionality targets.
43 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 11
The Housing Successor will ensure it meets all expenditure requirements going forward, throughout this five-year compliance period of July 1, 2019, through June 30, 2024, and future five-year compliance periods.

Failure to comply with the extremely low-income requirement in any five-year compliance period will result in the Housing Successor having to ensure that 50 percent of the remaining funds be spent on extremely low-income rental units until in compliance. Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in the Housing Successor not being able to expend any funds on this income category until in compliance.

SENIOR RENTAL HOUSING LIMIT COMPLIANCE
The Housing Successor has exceeded the limit of producing more than 50 percent of the total rental units for seniors within the last ten years. However, some funds have been encumbered for housing assistance, which is expected to bring the jurisdiction into compliance by the next reporting year. The Housing Successor, along with the City and former Agency, are working towards achieving this goal.

Over the last 10 years, the Successor has assisted 1 deed-restricted rental unit in the last ten years, 2 of which are restricted to seniors, over 50 percent. Table 5 details units assisted by the project.

Property
Senior
Units
%
Non-Senior
Units
% Total Units
Sierra Heights 2 100% 0 0% 2
Total 2 100% 0 0% 2
Total Deed-Restricted Senior Units: 100%
Source: City of Oroville
Table 5: Deed Restricted Units Assisted in Last 10 years 44 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 12

EXCESS SURPLUS
The Housing Asset Fund may not accumulate an “excess surplus”, which is an unencumbered amount that exceeds the greater of $1 million or the sum of deposits in the prior four fiscal years. This requirement ensures that housing successors are actively spending available Housing Asset Funds on affordable housing. Table 6 shows that the Housing Successor has not accumulated an excess surplus amount during FY 2022-23. The encumbered amount of $1,947,837 is for an extremely low permanent supportive housing project for the Veterans Housing Development Corporation and includes expenses.

The City will continue monitoring its deposits and fund balance to avoid any future excess surplus. If the Housing Successor has an excess surplus, it must be expended or encumbered within three fiscal years.

If the housing successor fails to comply, it must transfer any excess surplus to HCD within 90 days of the end of the third fiscal year.

Step 1: Determine Unencumbered Cash Balance From Financials FY 22-23 Beginning Cash Balance $ 3,569,219
Less: Encumbered Funds $ 1,947,837
Unencumbered Amount $ 1,621,382
Step 2: Determine Greater of $1M or Last 4 Deposits
$1 Million, or $ 1,000,000
Last 4 years' deposits $ 3,427,153
FY 2021-22 $ 642,784
FY 2020-21 $ 951,996
FY 2019-20 $ 880,377
FY 2018-19 $ 951,996
Result: Larger Number $ 3,427,153
Step 3: Excess Surplus is Amount Step 1 Exceeds Step 2, if Any (1) Unencumbered Amount $ 1,621,382
(2) Less: Larger Number From Step 2 $ 3,427,153
Excess Surplus None
Source: City of Oroville
Table 6: Excess Surplus FY 2022-23
45 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 13

OTHER INFORMATION

TRANSFERS TO OTHER HOUSING SUCCESSORS
There were no transfers to another housing successor entity for a joint project under HSC Section 34176.1(c)(2).

HOMEOWNERSHIP UNIT INVENTORY
There are 124 homeownership units assisted by the Housing Successor that have restrictions, affordable covenants, or an adopted program that protects Housing Asset Fund monies. Further details are provided in Appendix 4.
46 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 14
APPENDIX 1 – HOUSING ASSET TRANSFER FORM
The HAT form is attached as a separate document.
47 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 15
APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT

REQUIREMENTS
Health and Safety Code Section 34176.1(f)
Housing Asset
Fund
Revenues &
Expenditures
Total amount deposited in the Housing Asset Fund for the fiscal year.

Amount of deposits funded by a Recognized Obligation Payment Schedule (“ROPS”).

Statement of balance at the close of the fiscal year.

Description of Expenditures for the fiscal year, broken out as follows:
 Homeless prevention and rapid rehousing
 Administrative and monitoring
 Housing development expenses by income level assisted Description of any transfers to another housing successor for a joint project.

Other Assets and
Active Projects
Description of any project(s) funded through the ROPS.

Update on property disposition efforts (note that housing successors may only hold a property for up to five years unless it is already developed with affordable housing).

Other “portfolio” balances, including:
 The statutory value of any real property either transferred from the former Agency or purchased by the Housing Asset Fund
 Value of loans and grants receivable
Inventory of homeownership units assisted by the former Agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of monies from the Low- and ModerateIncome Housing Fund.

Obligations &
Proportionality
Description of any outstanding production obligations of the former Agency that were inherited by the Housing Successor.

Compliance with proportionality requirements (income group targets), which must be upheld on a five-year cycle.

Percentage of deed-restricted rental housing restricted to seniors and assisted by the former Agency, the Housing Successor, or the City within the past ten years compared to the total number of units assisted by any of those three agencies.

Amount of any excess surplus, and, if any, the plan for eliminating it. 48 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 16
APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE

REQUIREMENTS
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Administration
and Compliance
Monitoring
Annual Limit
$321,668 maximum
for FY 2022-23 (limit
varies each year)
Administrative activities such as:
 Professional services (consultant fees, auditor fees, etc.)  Staff salaries, benefits, and overhead for time spent on Housing Successor administration
 Compliance monitoring to ensure compliance with affordable housing and loan agreements
 Property maintenance at Housing Successor-owned
properties
Capped at $200,000 adjusted annually for inflation or 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.

Homeless
Prevention
and
Rapid
Rehousing
Solutions
Annual Limit
$250,000
maximum per fiscal
year
 Services for individuals and families who are homeless or would be homeless but for this assistance, including:
 Contributions toward the construction of local or regional homeless shelters
 Housing relocation and stabilization services including housing search, mediation, or outreach to property owners  Short-term or medium-term rental assistance
 Security or utility deposits
 Utility payments
 Moving cost assistance
 Credit repair
 Case management
 Other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.

Affordable
Housing
Development
No spending limit,
but must comply with
income and
age targets
“Development” includes:
 New construction
 Acquisition and rehabilitation
 Substantial rehabilitation
 Acquisition of long-term affordability covenants on multifamily units
 Preservation of at-risk units whose affordable rent restrictions would otherwise expire over the next five years
49 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 17
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Income Targets
Fixed Five-Year
Compliance Period
(FY 2019-20 to
2023-24)
Every five years (currently FYs 2020-2024), Housing Asset Funds must meet income targets:
 At least 30% on extremely low-income rental households (up to 30% AMI or “Area Median Income”)
 No more than 20% on low-income households (60-80%
AMI)
Moderate and above moderate-income households may not be assisted (above 80% AMI).

Failure to comply with the extremely low-income requirement in any five-year compliance period will result in having to ensure that 50 percent of remaining funds be spent on extremely low
income rental units until in compliance.

Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in not being able to expend any funds on these income categories until in compliance.

Age Targets
Rolling Ten-Year
Period
For the prior ten years (resets every year), a maximum of 50% of deed-restricted rental housing units assisted by the Housing Successor or its host jurisdiction may be restricted to seniors.

If a housing successor fails to comply, Housing Asset Funds may not be spent on deed-restricted rental housing restricted to seniors until in compliance.
50 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 18
APPENDIX 4 – HOMEOWNERSHIP UNIT INVENTORY
Homeownership Unit Inventory
Program Address Restriction
Start Date
Restriction
End Date
First Time Home Buyer Program 10 Ruxton 12/30/2008 12/29/2028 First Time Home Buyer Program Various 11/22/2008 11/21/2038 First Time Home Buyer Program Various 11/23/2008 11/22/2038 First Time Home Buyer Program Various 11/24/2008 11/23/2038 In-Fill Construction FTHB Gray Street 11/25/2008 11/24/2038 In-Fill Construction FTHB Florence Ave. 11/26/2008 11/25/2038 In-Fill Construction FTHB Pine St 11/27/2008 11/26/2038 Landscape Improvement Program Various 11/28/2008 11/27/2038 Landscape Improvement Program Various 11/29/2008 11/28/2038 Landscape Improvement Program Various 11/30/2008 11/29/2038 Landscape Improvement Program Various 12/1/2008 11/30/2038 Landscape Improvement Program Various 12/2/2008 12/1/2038 Landscape Improvement Program Various 12/3/2008 12/2/2038 Landscape Improvement Program Various 12/4/2008 12/3/2038 Landscape Improvement Program Various 12/5/2008 12/4/2038 Landscape Improvement Program Various 12/6/2008 12/5/2038 Landscape Improvement Program Various 12/7/2008 12/6/2038 Landscape Improvement Program Various 12/8/2008 12/7/2038 Landscape Improvement Program Various 12/9/2008 12/8/2038 Landscape Improvement Program Various 12/10/2008 12/9/2038 Landscape Improvement Program Various 12/11/2008 12/10/2038 Landscape Improvement Program Various 12/12/2008 12/11/2038 Landscape Improvement Program Various 12/13/2008 12/12/2038 Landscape Improvement Program Various 12/14/2008 12/13/2038 Landscape Improvement Program Various 12/15/2008 12/14/2038 Landscape Improvement Program Various 12/16/2008 12/15/2038 Landscape Improvement Program Various 12/17/2008 12/16/2038 RDA Housing Rehabilitation Program Grand View Dr.,
Boyton Ave., Bird
St.
12/18/2008 12/17/2038
First Time Home Buyer Program Various 12/19/2008 12/18/2038 First Time Home Buyer Program Various 12/20/2008 12/19/2038 First Time Home Buyer Program Various 12/21/2008 12/20/2038 First Time Home Buyer Program Various 12/22/2008 12/21/2038 First Time Home Buyer Program Various 12/23/2008 12/22/2038 First Time Home Buyer Program Various 12/24/2008 12/23/2038 51 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 19
Homeownership Unit Inventory
Program Address Restriction
Start Date
Restriction
End Date
First Time Home Buyer Program Various 12/25/2008 12/24/2038 First Time Home Buyer Program Various 12/26/2008 12/25/2038 First Time Home Buyer Program Various 12/27/2008 12/26/2038 First Time Home Buyer Program Various 12/28/2008 12/27/2038 First Time Home Buyer Program Various 12/29/2008 12/28/2038 In-Fill Construction FTHB Various 12/30/2008 12/29/2038 In-Fill Construction FTHB Various 12/31/2008 12/30/2038 In-Fill Construction FTHB Various 1/1/2009 12/31/2038
Landscape Improvement Program Various 1/2/2009 1/1/2039 Landscape Improvement Program Various 1/3/2009 1/2/2039 Landscape Improvement Program Various 1/4/2009 1/3/2039 Landscape Improvement Program Various 1/5/2009 1/4/2039 Landscape Improvement Program Various 1/6/2009 1/5/2039 Landscape Improvement Program Various 1/7/2009 1/6/2039 Landscape Improvement Program Various 1/8/2009 1/7/2039 Landscape Improvement Program Various 1/9/2009 1/8/2039 Landscape Improvement Program Various 1/10/2009 1/9/2039 Landscape Improvement Program Various 1/11/2009 1/10/2039 Landscape Improvement Program Various 1/12/2009 1/11/2039 Landscape Improvement Program Various 1/13/2009 1/12/2039 Landscape Improvement Program Various 1/14/2009 1/13/2039 Landscape Improvement Program Various 1/15/2009 1/14/2039 Landscape Improvement Program Various 1/16/2009 1/15/2039 Landscape Improvement Program Various 1/17/2009 1/16/2039 Landscape Improvement Program Various 1/18/2009 1/17/2039 Landscape Improvement Program Various 1/19/2009 1/18/2039 Landscape Improvement Program Various 1/20/2009 1/19/2039 Landscape Improvement Program Various 1/21/2009 1/20/2039 RDA Housing Rehabilitation Program Grand View Dr 1/22/2009 1/21/2039 RDA Housing Rehabilitation Program Boyton Ave. 1/23/2009 1/22/2039 RDA Housing Rehabilitation Program Bird St 1/24/2009 1/23/2039 RDA Housing Rehabilitation Program Various 1/25/2009 1/24/2039 RDA Housing Rehabilitation Program Various 1/26/2009 1/25/2039 RDA Housing Rehabilitation Program Various 1/27/2009 1/26/2039 RDA Housing Rehabilitation Program Various 1/28/2009 1/27/2039 First Time Home Buyer Program Various 1/29/2009 1/28/2039 First Time Home Buyer Program Various 1/30/2009 1/29/2039 First Time Home Buyer Program Various 1/31/2009 1/30/2039 First Time Home Buyer Program Various 2/1/2009 1/31/2039 52 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 20
Homeownership Unit Inventory
Program Address Restriction
Start Date
Restriction
End Date
First Time Home Buyer Program Various 2/2/2009 2/1/2039 First Time Home Buyer Program Various 2/3/2009 2/2/2039 First Time Home Buyer Program Various 2/4/2009 2/3/2039 First Time Home Buyer Program Various 2/5/2009 2/4/2039 First Time Home Buyer Program Various 2/6/2009 2/5/2039 First Time Home Buyer Program Various 2/7/2009 2/6/2039 First Time Home Buyer Program Various 2/8/2009 2/7/2039 First Time Home Buyer Program Various 2/9/2009 2/8/2039 First Time Home Buyer Program Various 2/10/2009 2/9/2039 First Time Home Buyer Program Various 2/11/2009 2/10/2039 First Time Home Buyer Program Various 2/12/2009 2/11/2039 First Time Home Buyer Program Various 2/13/2009 2/12/2039 First Time Home Buyer Program Various 2/14/2009 2/13/2039 First Time Home Buyer Program Various 2/15/2009 2/14/2039 First Time Home Buyer Program Various 2/16/2009 2/15/2039 First Time Home Buyer Program Various 2/17/2009 2/16/2039 First Time Home Buyer Program Various 2/18/2009 2/17/2039 CALHOME Fund Rehabilitation Program Various N/A 2/18/2039 CALHOME Fund Rehabilitation Program Various N/A 2/19/2039 CALHOME Fund Rehabilitation Program Various N/A 2/20/2039 First Time Home Buyer Program 1 Bremer 1/1/2007 1/1/2057 Housing Rehabilitation Project Various 10/23/2008 10/22/2058 Housing Rehabilitation Project Various 10/24/2008 10/23/2058 Housing Rehabilitation Project Various 10/25/2008 10/24/2058 Housing Rehabilitation Project Various 10/26/2008 10/25/2058 Housing Rehabilitation Project Various 10/27/2008 10/26/2058 Housing Rehabilitation Project Various 10/28/2008 10/27/2058 Housing Rehabilitation Project Various 10/29/2008 10/28/2058 Housing Rehabilitation Project Various 10/30/2008 10/29/2058 Housing Rehabilitation Project Various 10/31/2008 10/30/2058 Housing Rehabilitation Project Various 11/1/2008 10/31/2058 Housing Rehabilitation Project Various 11/2/2008 11/1/2058 Housing Rehabilitation Project Various 11/3/2008 11/2/2058 Housing Rehabilitation Project Various 11/4/2008 11/3/2058 Housing Rehabilitation Project Various 11/5/2008 11/4/2058 City Housing Construction Various 11/6/2008 11/5/2058
City Housing Construction Various 11/7/2008 11/6/2058
City Housing Construction Various 11/8/2008 11/7/2058
City Housing Construction Various 11/9/2008 11/8/2058
53 Item 3.

Oroville Housing Successor Annual Report FY 2022-23 21
Homeownership Unit Inventory
Program Address Restriction
Start Date
Restriction
End Date
City Housing Construction Various 11/10/2008 11/9/2058
City Housing Construction Various 11/11/2008 11/10/2058 City Housing Construction Various 11/12/2008 11/11/2058 City Housing Construction Various 11/13/2008 11/12/2058 First Time Home Buyer Program Various 11/14/2008 11/13/2058 First Time Home Buyer Program Various 11/15/2008 11/14/2058 First Time Home Buyer Program Various 11/16/2008 11/15/2058 First Time Home Buyer Program Various 11/17/2008 11/16/2058 First Time Home Buyer Program Various 11/18/2008 11/17/2058 First Time Home Buyer Program Various 11/19/2008 11/18/2058 First Time Home Buyer Program Various 11/20/2008 11/19/2058 First Time Home Buyer Program Various 11/21/2008 11/20/2058 Note: Does not include units assisted prior to 2003-04
54 Item 3.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: HOUSING ELEMENT ANNUAL REPORT
DATE: MARCH 19, 2024

SUMMARY
Receive and file the 2023 Housing Element Annual Progress Report

DISCUSSION
California (“State”) law requires cities to submit a Housing Element Annual Progress Report (“APR”) to the State’s Department of Housing and Community Development (“HCD”) by April 1 annually. The City of Oroville (“City”) staff and consultants have prepared the 2023 APR to present to City Council, which reports on residential building activity in the calendar year 2023.

Failure to submit an APR within 60 days of the April 1st due date could result in court orders to compel compliance, and court sanctions if not completed as ordered. Failure to submit the APR for two or more consecutive years triggers Senate Bill (“SB”) 35 provisions streamlining affordable multifamily housing development approvals, losing significant local control over the entitlement process.

HCD uses APR data to determine if a locality has not issued enough building permits to satisfy its Regional Housing Needs Allocation (“RHNA”) by income category for a reporting period, subjecting it to SB 35 streamlining provisions until the next reporting period.

APR SUMMARY
Housing Development Activity
In the 2023 APR, Tables A and A2 of Attachment 1 summarize housing development activity for the 2023 calendar year (January 1 – December 31) as follows:
 Table A Development Applications: The City had 11 housing applications that were submitted proposing 230 units.
55 Item 4.

 Table A2 Building Permits Issued: The City issued 8 building permits for 114 housing units with 114 of those units being finished in the calendar year 2023.

Progress Meeting RHNA
Table B of Attachment 1 summarizes the City’s progress in meeting its RHNA allocation for the 2022 to 2030 planning cycle. Based on the number of housing units issued a certificate of occupancy from 2022 to 2030, the City has a remaining need of 364 RHNA units as detailed below.

Regional Housing Needs Allocation Progress
Income Level
RHNA
Allocation
(2022 to
2030)
Projection1
2022 2022 2023 Total Remaining Need
Very Low 171 136 136 35
Low 6 37 37 0
Moderate 73 0 0 73
Above
Moderate 375 0 5 114 119 256
Total 625 173 5 114 292 364

1. Projection is based on the number of permitted units for affordability per HCD.

Although not mentioned in Table 1, the APR data analyzed by HCD reports the extremely low category to have a remaining need of 18 units. This number is of ½ the Very-Low Income category, which has a remining units of 35. City staff will encourage opportunities to develop more units in the other income categories to help meet its RHNA allocation through 2024.

Housing Element Program Status
Table D of Attachment 1 requires the City to provide a status update on its Housing Element Programs. The staff has provided an update in Table D.

Table H of Attachment 1 requires locally owned or controlled lands declared surplus pursuant to Government Code Section 54221 or identified as excess pursuant to Government Code Section 50559. Cities or counties are required to report any land or property held in the community redevelopment trust fund. The staff has reported 1 property 3711 Ashley Avenue that was held, however, classified as exempt surplus land.

The Local Early Action Planning (“LEAP”) table of Attachment 1 requires cities to report on any funding awarded by this grant. Staff reported $65,000 in awarded amounts for infrastructure planning and a blight study.
56 Item 4.

FISCAL IMPACT
These are informational items with no fiscal impact.

RECOMMENDATION
Receive and file the Housing Element Annual Progress Report for 2023.

ATTACHMENTS
Attachment 1: Annual Progress Report for 2023
57 Item 4.

Jurisdiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
v_2_15_24
Please Start Here
General Information
2023
Oroville
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d.
1735 Montgomery Street
Oroville
95965
Amy
Bergstrand
Director, Business Assistance /Housing Development
[email protected]
5305382584
Mailing Address
Annual Progress Report January 2020
58 Item 4.

Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2023 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2023 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at [email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.
59 Item 4.

Jurisdiction Oroville
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
Deed Restricted 0
Non-Deed
Restricted 0
114
114
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 0 4 0
2 to 4 units per structure 0 0 0
5+ units per structure 0 108 0
Accessory Dwelling Unit 0 2 0
Mobile/Manufactured Home 0 0 0
Total 0 114 0
Infill Housing Developments and Infill Units Permitted # of Projects Units 0 0
8 114
11 230
0 0
0 0
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
06/15/2022 - 06/15/2030
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate
60 Item 4.

Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 0 0
Ministerial and Discretionary Applications # of Applications Units Ministerial 0 0
Discretionary 11 230
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 22 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 35 Streamlining Permits
61 Item 4.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 06/15/2022 - 06/15/2030
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application
Status Project Type Notes
2 3 4 6 7 8 9 11 12 13
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very LowIncome
Deed
Restricted
Very LowIncome Non
Deed
Restricted
LowIncome
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by
project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted
pursuant to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government
Code section
65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.

Is the project
considered a
ministerial
project or
discretionary
project?
Notes+
Summary Row: Start Data Entry Below 0 0 0 0 47 0 183 230 0 0 031-110-042
80 Tuscan Villa
Dr
The Grove Luxury
Apartments 2 Story
174 Units
B2301-013-
B2301-024
5+ R
1/11/2023
0 0 0 0 0 0 174 174 NONE No No Pending Discretionary
031-340-017
150 Morning
Star Ave #A
ADU 336 SQFT
Detatched B2301-038 ADU O
1/23/2023
0 0 0 0 0 0 1 1 NONE No No Pending Discretionary
013-010-023 N/A NSF 1200 SQFT B2301-039 SFD O 1/18/2023 0 0 0 0 0 0 1 1 NONE No No Pending Discretionary 035-164-013
2492 Fort
Wayne St.

NSF 1,300 SQFT
W/Solar
W/Sprinkers
B2302-005
SFD O
2/6/2023
0 0 0 0 0 0 1 1 NONE No No Pending Discretionary
035-510-013 2745 Myers St. Convert Detached
Garge to ADU B2303-071 ADU O
3/20/2023
0 0 0 0 0 0 1 1 NONE No No Pending Discretionary
031-051-060
100 Jay Blue Dr
Table Mountain
Apartments 47
Affordable Units
B2304-031-
B2304-031
5+ R
4/26/2023
0 0 0 0 47 0 47 NONE No No Pending Discretionary
035-074-003 2127 A St #A Detached ADU 1200
SQFT B2304-053 ADU O
4/11/2023
0 0 0 0 0 0 1 1 NONE No No Pending Discretionary
035-153-010
3698 Spencer
Ave #A
Convert Detached
Garge to ADU 576
SQFT
B2304-128
ADU O
4/26/2023
0 0 0 0 0 0 1 1 NONE No No Pending Discretionary
035-097-009 2665 B St. NSF 2 Story
W/Attached ADU B2305-051 ADU O
5/11/2023
0 0 0 0 0 0 1 1 NONE No No Pending Discretionary
033-500-009 9 Hawley Trl NSF 1,916
W/Garage B2307-019 SFD O
7/10/2023
0 0 0 0 0 0 1 1 NONE No No Pending Discretionary
033-420-001
3612 Oro Dam
Blvd E
Legalize Existing 455
SQFT Apt Unit B2308-060 SFA O
8/28/2023
0 0 0 0 0 0 1 1 NONE No No Pending Discretionary
0 Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications
10 Housing Development Applications Submitted
62 Item 4.

Jurisdiction Oroville
Reporting Year 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 06/15/2022 - 06/15/2030
2 3
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Summary Row: Start Data Entry Below
035-165-025 2725 Elgin St B2207-047 SFD O
035-165-024 2727 Elgin St B2207-048 SFD O
031-051-060 100 Jay Blue Dr B2304-031-B2304-032 5+ R
035-040-056 3300 Lincoln Blvd.

B2212-052-B2212-
054 5+ R
031-340-017 150 Morning Star Ave #A B2301-038 ADU O
035-164-013 2492 Fort Wayne St. B2302-005 SFD O
0350-740-003 2127 A ST. #A B2304-053 ADU O
033-500-009 9 Hawley Trl B2307-019 SFD O
Project Identifier
1 Unit Types
63 Item 4.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
5 Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved
0 0 0 0 0 0 0
Affordability by Household Incomes - Completed Entitlement 4 64
Item 4.

Cells in grey contain auto-calculation formulas
Note: "+" indicates an optional field
6 8
# of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
0 0 0 0 0 0 0 114
0 1 2/21/2023
0 1 2/21/2023
0 47 6/22/2023
0 61 6/27/2023
0 1 4/13/2023
0 1 10/4/2023
0 1 8/30/2023
0 1 12/27/2023
0 Affordability by Household Incomes - Building Permits 7 65
Item 4.
9 # of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
114 0 0 0 0 0 0 0
1 1
47 61
1 1
1 1
0 Affordability by Household Incomes - Certificates of Occupancy 10 66
Item 4.

Streamlining Infill
11 12 13 14 15 16 17
Certificates of
Occupancy or other
forms of readiness
(see instructions) Date
Issued
# of Units issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?
Please select the
streamlining
provision the project
was APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
0 0
0 0 NONE N
0 0 NONE N
0 0 NONE N
0 NONE N
0 NONE N
0 NONE N
0 NONE N
0 NONE N
0 Housing with Financial Assistance
and/or Deed Restrictions
Occupancy
67 Item 4.

Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
18 19 20 21
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
0 Demolished/Destroyed Units
68 Item 4.

Notes
22 23 24 25
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Density Bonus
69 Item 4.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 06/15/2022 - 06/15/2030
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
12/31/2021-
06/14/2022
2022 2023 2024 2025 2026 2027 2028 2029 2030 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 136 - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 37 - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Above Moderate 375 - 5 114 - - - - - - - 119 256
625
173 5 114 - - - - - - - 292 364
5 6 7
Extremely low-Income
Need 2022 2023 2024 2025 2026 2027 2028 2029 2030
Total Units to
Date
Total Units
Remaining
18 - - - - - - - - - - 18
VLI Deed Restricted
VLI Non Deed Restricted
LI Deed Restricted
LI Non Deed Restricted
MI Deed Restricted
-
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
73 136
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
-
Moderate
171
6 73
Please contact HCD if your data is different than the material supplied here 37 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
35 70
Item 4.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 06/15/2022 - 06/15/2030
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
71 Item 4.

Jurisdiction Oroville
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Policy 1.1 Encourage
Home Ownership
Action 1.1.1: Provide homebuyer and
first-time homebuyer assistance up to
$100,000 or 45% of the purchase price of
the home; whichever is less. The
maximum purchase price allowed is
$200,000; for each qualified household,
with a goal of assisting five units per
year. However, these terms are subject
to change with program guideline
chnages and a city council action item.

Application to be made
annually, subject to the
State application cycle.

The City currently has $1,000,000 in 2018 HOME funds, $1,000,000 in 2019 HOME funds that State HOME program put a hold on all expenditures for all jurisdictions. City recently received a 1-year extension for the 2018 HOME funds that expired in February 2023 and now expires February 2024. These funds were never released in the 22/23 fiscal year. City recieved $1,000,000 in 2020 CDBG NOFA and has expended 100% of it. The 2023 was never release from programs and CDBG expects to release the 2024 NOFA is expected to be released in the summer or fall of 2024.

Policy 1.2 Work
cooperatively with other
governmental entities to
reduce homelessness and
facilitate the provision of
shelter and services for
those in need.

Action 1.2.1: Continue to work with the
Butte County Homeless Coalition
Continuum of Care Coalition to reduce
the number of homeless individuals in
the area.

Throughout the planning
period.

City Council has a member and alternate member on the Butte County CoC which meets at a minimum monthly to further CoC objectives that are then brought back to the city council and city staff to consider. City has been awarded $2,733,374 in 2022 Encampment Resolution Funding to partner with the Oroville Rescue Mission to create a pallet shelter for the unhoused in the City limits.

There will be pallet shelters that can house up to two individuals and congregate shelter that will house up to 40. Various services will also be provided. Staff intends to apply for round ERF 2 funding.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583 72 Item 4.

Policy 1.2 Work
cooperatively with other
governmental entities to
reduce homelessness and
facilitate the provision of
shelter and services for
those in need.

Action 1.2.2: Ensure that City zoning
regulations for emergency shelters,
transitional and supportive housing, and
Single Room Occupancy (SRO) housing
facilitate these uses consistent with
state law, and provide assistance with
grant applications for the development
of new facilities to serve the homeless.

Continue to assist
sponsors with
applications for special
needs housing on a
project-by-project basis
throughout the planning
period.

On May 6, 2014, the City Council adopted Ordinance No. 1804 to amend the City's Zoning Code for fulfilling objects as specificed in the 2009-2014 Housing Element of the General Plan. The ordinance included regulations for emergency shelters, transitional and supportive housing, and SRO's to ensure consistency with state law. The City's temporary ordinance allowing RVs and mobile homes on residential lots to alleviate the acute housing shortage caused by the Paradise Camp Fire has sunsetted.

Policy 1.2 Work
cooperatively with other
governmental entities to
reduce homelessness and
facilitate the provision of
shelter and services for
those in need.

Action 1.2.3: Maintain and publicize a
comprehensive listing of housing
developments that serve low-income
households, persons with disabilities,
and other special needs populations.

The City provides updated
lists to public entities and
special service
organizations annually and
as requested. Additionally,
the list is updated and
posted on the City's
website and shared with
the Butte County Housing
Authority as changes
occur.

There is an updated list of affordable housing projects on the City's website under Services/Housing Development/Affordable Housing in Oroville.

Policy 1.3: Continute to
facilitate the provision for
housing for persons with
disabilities and for
persons with limited or
restricted mobility to
enhance accessibility and
mobility.

Action 1.3.1: In accordance with the
requirements of SB 520, the City will
continue to allow for administrative
approval of exceptions in land use
regulations to provide reasonable
accommodations for housing for
persons with disabilities.

Continue to process
requests for reasonable
accommodation
exdeditiously throughout
the planning period.

Ordinance No. 1804 also created an administrative mechanism for a disabled person to file a request for reasonable accommodation to make specific housing available to one or more individuals protected under the Fair Housing Laws. See OMC 17.08.160
Policy 1.4: Facilitate the
production of farmworker
housing in the City.

Action 1.4.1: Continue to ensure that
local zoning, development standards,
and permit processing procedures for
farmworker housing do not conflict with
Health and Safety Code Sections
17021.5 and 17021.6.

Throughout the planning
period.

Ordinance No. 1804 also included provisions to allow farmworker and migrant housing consistent with Health and Safety Code Section 17021.6. The City will work with the Housing Authority of Butte County to determine if Farmworker housing Is needed in the City of Oroville jurisdication. 73 Item 4.

Policy 2.1: Minimize
constraints to the
development of affordable
housing through
supportive codes,
ordinances, policies, and
guidelines.

Action 2.1.1: Continue to monitor the
development review process to ensure
that the City's review and approval
(timing and cost) do not constrain
residential development including multifamily and housing affordable to lowand moderate- income households. If the City's review and approval
processes are found to unreasonably
constrain development, the City will take
action to amend the process or
establish guidelines and other
mechanisms to promote increased
application certainty and reduce
processing time to the extent feasible.

Annual review as part of
the Housing Element
Annual Report.

The City offers concurrent processing to streamline the development process and the zoning ordinance provides development incentives for low income housing including fast-track processing and desity bonuses. Pre-application / development review meetings help to minimize processing times by bringing all applicable agencies/City departments to one meeting to discuss a project, giving developers all information upfront to ensure a successful project completion.

This process has worked successfully during the last 2 years as the city has approved about 800 low income housing units during that time.

Policy 2.1: Minimize
constraints to the
development of affordable
housing through
supportive codes,
ordinances, policies, and
guidelines.

Action 2.1.2: Track Housing Element
implementation progress as part of the
annual housing report submitted to the
State Department of Housing and
Community Development (HCD).

Submit update annually in
accordance with state law. In compliance.

Policy 2.1: Minimize
constraints to the
development of affordable
housing through
supportive codes,
ordinances, policies, and
guidelines.

Action 2.1.3: Periodically survey
development application, plan check
and inspection fees, impact fees and
utility connection fees of other cities in
the Butte County area to ensure that
these City fees are reasonably related to
the cost of services provided.

Fee surveys every two
years.

On April 21, 2015 the City Council adopted Resolution No. 8353 updating its development impact fees in accordance with the findings of the City of Orovile Development Impact Fee Report completed by Willdan Financial Services on April 16, 2015. On June 7, 2016, the City Council updated the Community Development Department's portion of the City's Master Fee Schedule to adjust for inflation using the annual percentage change in Consumer Price Index. The development impact fees are currently in the process of being updated, and the City's Master Fee Schedule was last updated on June 2, 2021. The City Council adopted Ordiance No. 1843 on June 2, 2020 establishing a fee deferral program. 74 Item 4.

Policy 3.1: Ensure that the
City's inventory of
residentially-zoned land is
sufficient to accommodate
development for all
housing types and income
levels commensurate with
growth needs and the the
Regional Housing Needs
Assessment (RHNA).

Action 3.1.1: Perform regular updates to
the City's GIS system to track
development and maintain an accurate
list of vacant residential land in the City.

Annual updates The City regularly maintains a list of vacant lands that are shared with the development community and updaged by GIS Staff.

Policy 3.1: Ensure that the
City's inventory of
residentially-zoned land is
sufficient to accommodate
development for all
housing types and income
levels commensurate with
growth needs and the the
Regional Housing Needs
Assessment (RHNA).

Action 3.1.2: Continue to implement the
no net loss provisions of AB 2292 to
ensure the availability of adequate sites
to accommodate the City's share of
regional housing needs throughout the
planning period.

Ongoing throughout the
planning period.

On March 15, 2015, the City Council adopted an update to the City's zoning code and map which rezones many properties to conincide with the General Plan land use designations approved by the City in 2009. Many properties previously zoned for strictly commercial purposes now permit multi-family, high-density residential development.

Policy 3.1: Ensure that the
City's inventory of
residentially-zoned land is
sufficient to accommodate
development for all
housing types and income
levels commensurate with
growth needs and the the
Regional Housing Needs
Assessment (RHNA).

Action 3.1.3: Coordinate an annual
workshop with the Oroville Economic
Development Corporation and its
members to identify the housing needs
of employees in the community in order
to ensure that the City's land use plans
support development of housing
suitable for the local workforce as part
of the City's overall economic
development program.

Annual workshops
throughout the planning
period.

The City attended this year but was not a sponsor.
75 Item 4.

Policy 3.2: Provide
technical assistance to
developers, nonprofit
organizations, or other
qualified private sector
interests in seeking federal
and state financing for
affordable hosuing,
including units affordable
to extremely low income
households and
supportive housing for
persons with
developmental disabilities.

Action 3.2.1: The City will actively work
with interested developers to identify
sources of funding and provide
technical assistance in seeking fudning
for the construction of new affordable
multi-family housing, including units for
large family households, extremely-lowincome households, and persons with developmental disabilities. Funding to
be pursued includes tax-exempt
mortgage revenue bonds; HCD's
Multifamily Housing Program; and lowincome housing tax credits (LIHTC). The CIty shall also assist by providing letters
of support for funding applications
during the application process to
increase the changes of a project
receiving a funding award.

Monitor grant funding
opportunities annually,
provide assistance to
affordable housing
developers upon request,
and continue to notify
developers of funding
opportunities as they arise
throughout the planning
period.

The City continues to work with the Veteran Housing Development Corporation to develop a supportive housing, multifamily project for low-income, 60% and below AMI Veterans. Also, the City has donated land to the Veterans Housing Development Corporation in order for them to build 12 townhomes to sell to income qualified Veterans. City intends to surplus land on 1275 Mitchell to transfer the land to VHDC to devop multif family apartments for extremly low income veterans. City approved a predevelopment and construction loan in the amount of $1,750,000 for this project. VHDC intends to apply for additinal grant funding during 2024. City worked with developers, who applied and were award tax credits for 5 affordable, mulit-family projects and are in the process of building 312 low-very low income units to Oroville over the next two years, many of which are now occupied.

Policy 4.1: Protect existing
residential neighborhoods
from deterioration and
encroachment of
incompatible or potentially
disruptive land uses
and/or activities.

Action 4.1.1: Seek code enforcement
grants to augment current code
enforcement activities to supplement
the graffiti removal program, to fund
neighborhood clean-up fairs, and
general code enforcement and
community beautification efforts. Utilize
neighborhood resources, including
neighborhood groups to supplement
City code enforcement activities. Where
possible, link code enforcement
activities to available funding for
improvements and correction of
violations.

Throughout the planning
period.

The City created a new Code Enforcement Division that will be proactive in identifiying code related issues, citing and enforcement codes. City was currently suplementing the general fund with CalOES funds to assist with the hiring or additional code enforcement officers.
76 Item 4.

Policy 4.2: Ensure
adequate public facilities
to support the
development of housing.

Action 4.2.1: Install an upgrade public
service facilities (streets, curb, gutter,
drainage facilities, and utilities) to
encourage increased private market
investment in declining, deteriorating
and infrastruction-deficient
neighborhoods.

Continuous and ongoing
throughout the planning
period.

The City if continually evaluating public facilities to ensure they are not declining or deteriorating. Major infrastructure improvements to sewer, storm water, and roads are based on condition, demands, and future needs. Impact fees are used to make the infrastructure investments to support growth, infill, and desification.

The City and SCOR, the sewer treatment facility for the area,has been looking for grant funding to prepare for an expansion in order to keep up with the growth in the City since the Camp Fire and well as to run more efficiently. ongoing Policy 4.3: Facilitate
housing rehabilitation and
stabilize existing
neighborhoods,
particularly those with
high foreclosure and
vacancy rates.

Action 4.3.1: To the extent funding is
available, purchase abandoned homes,
and provide rehabilitation assistance to
improve deteriorated neighborhoods.

Annual grant applications.

The City was awarded LEAP funding to proactively purchase abandoned homes to rehabilitate, mainly in South Oroville and is certainly looking for situations where there may be funds to cure properties in foreclosure and/or to receive via Deed in Lieu, that make sense financially. In circumstances where it is financially feasibly, the City will foreclose on properties that are in default to take back to either sell at market rate or rehab and sell to low income. The housing stock that the city has accumulated by Foreclosure have been approved for transfer to the Veterans Housing Development Corp in order for them to sell to low and extremly low income veterans.

Policy 4.3: Facilitate
housing rehabilitation and
stabilize existing
neighborhoods,
particularly those with
high foreclosure and
vacancy rates.

Action 4.3.2: The City shall continue to
support the Owner Occupied Single
Family Rehabilitation Program. The City
expects to fund the rehabilitation of
approximately 5 units over the next
planning period.

Continuous and ongoing.

The City has was awarded 2020 CDBG Owner-occupied Rehab funding. This funding expires May of 2024. City is submitted a PLHA amendment to allow for owner-occupied rehab loans in oroville for AMIs up to 120%. 77 Item 4.

Policy 4.4: Encourage the
preservation of the
existing affordable
housing stock in the City.

Action 4.4.1: Continue regular contact
with the California Housing Partnership
Corporation (CPHC). The City will
continue to pursue State and Federal
funding sources such as the HOME,
CDBG, and multi-family housing
program (MHP) to assist the
preservation of at-risk units. The City
shall maintain dialogue with developers
and on-site managers and shall continue
to be a source of information and
technical assistance to potential
purchasers and tenants of properties
that oculd potentially convert to market
rate. Ensure that all owners and
managers of affordable housing are
provided with applicable state and
federal laws regarding notice to tenants
of the owner's desire to opt-out or
prepay.

Throughout the planning
period. This program will be continued as funding becomes available. 78 Item 4.

Policy 5.1: Support the
intent and spirit of equal
housing opportunity and
the Fair Housing Act.

Action 5.1.1: Require that all recipients
of locally administered housing
assistance funds acknowledge their
responsibilities under fair housing law
and affirm their commitment to the law.

Coordinate and host regular workshops
as a supplement to a tenant/landlord
education program to provide
managers, real estate professionals, and
tenants about fair housing laws, race
and disability discrimination, and
familial status protections. Publicize fair
housing and dispute resolution
information through flyers/brochures in
the lobby of City Hall, in the library,
community cneters, senior centers, local
social service offices, real estate offices,
mortgage offices, management offices
of housing complexes, and on the City's
website.

The City will engage in
continuous and long term
monitoring of properties in
receipt of locally
administered housing
funds to ensure
compliance; annual
workshops.

This program is continuous and ongoing. City staff has attended updated fair housing training.

No Name
Action 5.1.2: The City shall engage in a
public noticing campaign to inform
persons with disabilities of any age of
their ability to locate in senior citizen
independent living facilities that are
funded with federal funds.

Public noticing campaign
with materials updated
annually.

The City currently has information materials for available senior housing options.

The City works with Butte County Housing Authority, Community Action Agency, and other special interest groups to update the information annually. This program is continued.

Policy 6.1: Encourage
residential energy
conservation through
required compliance with
current building codes and
incentives for voluntary
conservation efforts.

Action 6.1.1: The City shall continue to
require, at a minimum, that all new
residential development comply with the
energy conservations requirements of
Title 24 of the California Administrative
Code.

Throughout the planning
period. This remains a requirement enforced by the City's Building Department. 79 Item 4.

No Name
Action 6.1.2: Assist in publicizing utility
incentives for energy conservation
through flyers and on the City's website.

Annual updates to flyers.

On February 2, 2016 the City Council has approved to include properties within the City of Oroville in three different Property Assessed Clean Energy (PACE) programs. 1)Ygrene Works, 2) HERO, and 3) Open PACE.
80 Item 4.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 06/15/2022 - 06/15/2030
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020
81 Item 4.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 06/15/2022 - 06/15/2030
The description should adequately document how each
unit complies with subsection (c) of Government Code
Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely LowIncome+ Very Low-Income+
Low-Income+TOTAL UNITS+
Extremely LowIncome+Very LowIncome+
Low-Income+TOTAL UNITS+
https://www.hcd.ca.gov/communitydevelopment/docs/adequate-sites-checklist.pdf Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Residential Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020
82 Item 4.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 06/15/2022 - 06/15/2030
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
ModerateIncome Non Deed
Restricted
Above
ModerateIncome
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA
83 Item 4.

Jurisdiction Oroville
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 06/15/2022 - 06/15/2030 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.
84 Item 4.

Jurisdiction Oroville Note: "+" indicates an optional field Reporting Period 2023
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
33452016000 3711 Ashley Residential 1
Exempt Surplus
Land 0.13 None
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Butte County jurisdictions, please format the APN's as follows:999-999-999-999 85 Item 4.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 06/15/2022 - 06/15/2030
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
2 3 5 6
APN Street Address Project Name+
Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income Deed Restricted Very Low- Income
Non Deed
Restricted
Low- Income
Deed Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
ModerateIncome
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020
86 Item 4.

Jurisdiction Oroville ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 06/15/2022 - 06/15/2030
No Does the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese).

Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational. 87 Item 4.

Jurisdiction Oroville
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Infrustructure Planning $55,000.00 $11,244.20 None
Blight Study $10,000.00 $10,810.00 Other SB2
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 0
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
114
114
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
0 Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 65,000.00
Task Status
In Progress
Completed
88 Item 4.

Total Units 0
89 Item 4.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: PERMANENT LOCAL HOUSING ALLOCATION (PLHA) GRANT
APPLICATION FOR YEARS 2021 AND 2022
DATE: MARCH 19, 2024

SUMMARY
The Council may consider the submittal of an application to the Department of Housing and Community Development (HCD) for the City’s 2021 and 2022 share of the PLHA 5-year allocation.

DISCUSSION
Pursuant to the Building Homes and Jobs Act (Senate Bill 2, 2017), HCD has been collecting a $75 recording fee on all real estate documents to increase the supply of affordable homes in California. These funds are being allocated to local governments for planning activities that can accelerate the supply of affordable housing.

At the July 21, 2020, City Council meeting, staff was directed to submit an application for the five-year allocation period in the amount of $822,306. The funds will be used for activity 301(a)(2) - to provide low interest rehabilitation loans to owner-occupied borrowers in the City limits of Oroville for residents earning less than 120% AMI. South Oroville residents will be given priority. Additionally, 5% of the allocation will be used for general administration expenses.

The allocation for the years 2019 ($137,051) and 2020 ($213,160) have been secured and are in the process of being claimed. The Notice of Funding Availability (NOFA) for the 2022 year was issued on December 29, 2023. The program requires the City submit an application and resolution for the 2021 ($224,412) and 2022 ($111,643) allocations. The final allocation for the year 2023 is expected to be available late summer 2024.

FISCAL IMPACT
There is no fiscal impact. When awarded, staff will return to council to accept the grant agreement and establish a budget.
90 Item 5.

RECOMMENDATION

1. Approve the submittal of a PLHA streamline grant agreement for years 2021 and 2022.

2. Authorize staff to implement the grant if awarded; and

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

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM

ATTACHMENTS
Resolution No. xxxx
91 Item 5.
___________________________________________________________ __________________________________________________________________ AUTHORIZING RESOLUTION OF _______________________________

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
________________________________________________ of the ________________________________________________________ of _______________________________hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS, the Department is authorized to provide up to $296 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 12/29/2023 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS _______________________________ is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix B of the current NOFA ______________________ in accordance with all applicable rules and laws.

CITY OF OROVILLE
A majority
City Council Members
City of Oroville
the City of Oroville
a municipality of
Resolution No. ____________9234_
822306
92 Item 5.

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it was delegated by _______________________ to submit an application on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. ______________________________________ is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

City Administrator
Not Applicable
93 Item 5.

PASSED AND ADOPTED at a regular meeting of the __________________________ this day of, 2024, by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Signature of Approving Officer:_______________________________ ___________________________________________
INSTRUCTION: The attesting officer cannot be the person identified in the resolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _________________________________ does hereby attest and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the
__________________________________ which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTEST:

Signature of Attesting Officer
_________________________
City of Oroville
March
Kayla Reaster, Assistant City Clerk
foregoing attached
19 Brian Ring, City Administrator
City of Oroville
Kayla Reaster
94 Item 5.

CITY OF OROVILLE

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

AND HOUSING DEVELOPMENT
RE: OROVILLE CITY EMPLOYEE MORTGAGE ASSISTANCE

PROGRAM
DATE: MARCH 19, 2024

SUMMARY
The council may consider authorizing modifications to the Oroville City Employee Mortgage Assistance Program guidelines.

DISCUSSION
On May 17, 2022, council authorized staff to modify the Oroville Safety Officer Mortgage Subsidy Program to include all City Employee’s and approved the Oroville City Employee Mortgage Assistance Program.

Since that time, the guidelines have been modified to increase the maximum loan amount to $50,000 and to clarify the repayment terms. Previously those changes were only outlined in the security documents and not in the program guidelines.

Presently, staff are recommending changing the beginning eligibility period for using this program from 24 months to 6 months for all City employees. The Housing Loan Advisory Committee is in support of this modification. Additionally, staff has updated the program guidelines to clarify the repayment terms.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Authorize requested modification to the OCEMAP

ATTACHMENTS
Program Guidelines
95 Item 6.

City of Oroville

OROVILLE CITY EMPLOYEE

MORTGAGE ASSISTANCE PROGRAM
(OCEMAP)

PROGRAM GUIDELINES
4/12/2022
Updated
96 Item 6.

CITY OF OROVILLE

OROVILLE CITY EMPLOYEE

MORTGAGE ASSISTANCE PROGRAM
(OCEMAP)

PROGRAM GUIDELINES

TABLE OF CONTENTS

I. PROGRAM PURPOSE .................................................................................................. 1

II. CONFLICT OF INTEREST .............................................................................................. 1

III. GOVERNING DOCUMENTS .......................................................................................... 1

IV. POLICY ......................................................................................................................... 1 A. ELIGIBILITY..............................................................................................................1

1. LOCATION.......................................................................................................1

2. TYPES OF HOUSING .......................................................................................2

3. PROPERTY STANDARDS ................................................................................2

4. MAXIMUM LOAN AMOUNT...........................................................................3

5. FLOOD PLAN RESTRICTIONS........................................................................3

6. LEAD BASED PAINT REQUIREMENTS..........................................................3

7. ACQUISITION NOTICE....................................................................................4

8. RELOCATION REQUIREMENTS.....................................................................4

9. APPLICANT QUALIFICATIONS.......................................................................4 B. MORTGAGE SUBSIDY LOAN AMOUNT....................................................................4 C. HOUSING EXPENSE & OVERALL FIXED DEBT RATIOS...........................................5 D. PRIORITIES .................................................................................................................5 E. TERMS AND MORTGAGE SUBSIDY ASSISTANCE.....................................................5 97 Item 6.

1. LOAN TERM.........................................................................................................5

2. SECURITY.............................................................................................................5

3. PAYMENTS ..........................................................................................................6

4. IMPOUND ACCOUNT...........................................................................................6

F. SUBORDINATION, ASSUMPTION, & TRANSFER........................................................6 V. PROCEDURES ...................................................................................................................8 APPLICANT PROCESSING.................................................................................................8

1. PURCHASE AND PRIMARY FINANCING .............................................................8

2. PRIVATE LENDERS .............................................................................................9

3. PROPERTY INSPECTION.................................................................................. 10

4. LOAN APPROVAL............................................................................................. 11

5. LOAN CLOSING................................................................................................. 12

6. LOAN SERVICING ............................................................................................. 12

7. LOAN SERVICES ............................................................................................... 12

8. LOAN PAY-OFF................................................................................................. 12

9. DEFAULTS AND FORECLOSURES..................................................................... 12

10. EQUAL OPPORTUNITY AND FAIR HOUSING.................................................. 13

ATTACHMENTS
EXHIBIT "A": LOAN AGREEMENT
EXHIBIT "B ": PROMISSORY NOTE
EXHIBIT "C": DEED OF TRUST

98 Item 6.

OPOHAP Guidelines Page1 05/20/08
I. PURPOSE
The Oroville City Employee Mortgage Assistance Program OCEMAP is a program designed to serve as a recruitment and retention incentive and to provide mortgage assistance to City of Oroville City Employees in the form of secondary loans, for the purchase of a principal residence.

The purpose of the (OCEMAP) is to encourage employment longevity of Employees that are full-time, permanent employees for the City of Oroville and have been employed by the City for no less than 6 24 months. and have passed their probation period as follows:

Police: 18 months probationary plus, 6 months for a total of 24 months.

All City other employees: employed for at least 6 12 months probationary, plus 12 months are eligible. for a total of 24 months.

The borrower’s primary residence must be the residence assisted through the OCEMAP.

II. CONFLICT OF INTEREST
Any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City of Oroville who exercises or exercised any functions or responsibilities with respect to activities assisted with city of Oroville funds or who are in a position to participate in a decision-making process or gain inside information with respect to these activities, may not obtain financial interest or benefit from a City of Oroville-assisted activity, or who have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure and for one year thereafter.

III. GOVERNING DOCUMENTS
All covenants, conditions, and stipulations contained within the OCEMAP Deed of Trust, Promissory Note, and Loan Agreement are incorporated by this reference and made part of these OCEMAP guidelines. The referenced loan documents are attached hereto as Exhibits “A”, “B”, and “C”.

Information contained within the referenced loan documents is to be interpreted in conjunction with these program guidelines. 99 Item 6.

OCEMAP Guidelines Page 2 04/12/22
IV. POLICY
A. ELIGIBILITY

1. Location
Loans will be made only for property located in residentially zoned areas within the Oroville city limits.

2. Types of Housing
The OCEMAP was designed to provide mortgage subsidies
to borrowers purchasing existing homes or homes that will be completely constructed upon close of escrow (new
construction) and are located within the Oroville City limits.

The OCEMAP assistance shall not be used as a construction loan; however, an OCEMAP applicant may enter into contract on a home not yet constructed as long as the home
construction is completed, and the house is ready to occupy, before any OCEMAP assistance shall be provided (before any funds are released).
a. Existing single-family home or newly constructed home completed prior to close of escrow
b. A single-family manufactured home (including a
mobile home) that was manufactured no more than
ten (10) years prior to the date of the application for the issuance of a permit to install the manufactured
home (in accordance with Government Code
§65852.3(a)), provided it is placed on a permanent
foundation and siding extended to the foundation in a
manner consistent with conventional homes.
c. Existing multi-family units or newly constructed multifamily units completed prior to close of escrow which provides for individual ownership of the units, (i.e.,
condominiums or town houses).

3. Property Standards for Existing Units/Eligible Acquisition a. All housing units must meet all applicable State and Local codes and ordinances, and zoning ordinances by
the close of escrow.
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OCEMAP Guidelines Page 3 04/12/22
b. Requirements for home or newly constructed home
ownership of existing property prior to transfer of the ownership interest:

1. Before transfer, the Housing Development
Supervisor or Building Inspector will inspect the
property for any defects that pose a danger to
health and will notify the prospective purchaser
of work needed to cure defects, the time by
which defects must be cured and applicable
property standards met as follows:
i. Housing must be free from all noted
health and safety defects before
occupying.
ii. Housing must meet all applicable local
codes and Housing Rehabilitation
Standards prior to transfer of the
ownership interest.
c. Property must be used as principal residence of
applicant.
d. The house must have a reasonable number of
bedrooms to accommodate for the household size.

4. Maximum Loan Amount
An amount that, when added to the outstanding indebtedness (the primary loan and OCEMAP loan subsidy) on the property, creates a total indebtedness that does not exceed 100% of the appraised value or market value estimate, unless special LAC approval is given to exceed appraised value.

All out-of-pocket costs such as appraisal, credit report, private lender fees and points, title costs, recordation fees, building permits, legal fees, etcetera shall be borne by the borrower unless special LAC approval is given to include some nonreoccurring closing costs into the loan.

5. Floodplain Restrictions
Housing located in a 100-year floodplain will not be eligible for OCEMAP assistance.

6. Lead-Based Paint Requirements
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OCEMAP Guidelines Page 4 04/12/22
OCEMAP-assisted properties constructed in or prior to 1978 will meet lead-based paint requirements prior to purchase as follows:
a. Lead-based paint notifications are given to purchasers; b. Properties will be inspected for defective paint
surfaces; and
c. If defective paint surfaces are found, they will be
properly abated in accordance with State Regulations.
d. Should the appraisal note any chipped and/or peeling paint, the City will require further review that will include testing by a certified specialist, abatement and
subsequent clearance before any OCEMAP funding
can be provided.

7. Acquisition Notice
Acquisition notice containing the items listed below will be provided to the seller prior to making the purchase offer:
a. The purchaser has no power of eminent domain and,
therefore, will not acquire the property if negotiations fail to result in an amicable agreement;
b. An estimate of the fair market value of the property.

If an acquisition notice is not provided prior to the purchase offer, a provision that the seller may withdraw from the agreement after this information is provided.

8. Relocation Requirements
Tenant-occupied properties will not be eligible for City of Oroville OCEMAP assistance.

9. Applicant Qualifications
Applicant must be employed full-time, by the City of Oroville for a minimum of 6 months.24 months. , andmonths and must have passed their probationary term per MOU.

Applicant must have written approval from their department head and/or City Administer.

Applicant must have a positive credit profile with no
outstanding collections, foreclosures or bankruptcies and Formatted: Indent: Left: 1.19"
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OCEMAP Guidelines Page 5 04/12/22
qualify for a fully-amortizedfully amortized, fixed rate prime loan with a private
lender.

B. MORTGAGE SUBSIDY LOAN AMOUNT
The amount of OCEMAP mortgage subsidy assistance will
be a flat amount of $50,000 or 20% of purchase price, whichever is less.

C. HOUSING EXPENSE and OVERALL FIXED DEBT
RATIOS
The qualifying housing expense ratio and overall fixed debt ratio shall be determined by the borrower’s primary lender.

The primary lender shall base the applicant’s qualifying housing expense and overall fixed debt ratios on a prime rate loan that is fully amortized.

D. PRIORITIES

1. The initial funding for the program shall be allocated on a first come first serve basis. A maximum of five (5) OCEMAP loans will be funded per year, as funding is available.

2. Priority shall be named on the date of the OCEMAP receipt of written notification of a completed loan package from the primary lender.

E. TERMS OF MORTGAGE SUBSIDY ASSISTANCE

1. Loan Terms
The loan amount shall be $50,000 or 20% of the purchase price , whichever is less with simple interest thereon, at the rate of three percent (3%) simple interest per annum for each year for the first ten (10) years, on the tenth (10th)
commencing on the year following the date of the Promissory Note, simple interest will stop accruing and 10 percent (10%) of the interest accrued will be forgiven every year until the 20th year of the Promissory Note, at the end of year 20 all interest will be forgiven and principal only will be due. If loan is paid off prior to year 20, a All principal and interest to be due and payable at the time and in the manner as provided for by the Formatted: Superscript
Formatted: Superscript
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OCEMAP Guidelines Page 6 04/12/22
Promissory Note.

The loan term of the OCEMAP loan is deferred until
termination of employment with the City of Oroville,
The loan shall become immediately due and payable through the occurrence of one of the following events:
 Employment with the City of Oroville has been terminated, either voluntarily or involuntarily.
 Property is sold,
 Title is transferred,
 Any portion of the property is rented or leased,
 Property is no longer the borrower’s primary residence,  Or as otherwise stipulated in the OCEMAP loan
documents.

The OCEMAP loan documents detail all loan terms in their entirety. Please reference Exhibits “A”, “B”, and “C” attached to these program guidelines.

2. Security
The OCEMAP loan is secured by a Deed of Trust and shall be subordinated only to a first Deed of Trust from the primary lender.

3. Payments
Payments of principal and interest are deferred until the borrower is terminated from employment with the City of Oroville.

Payments of principal and interest shall become due and payable upon sale, lease, or transfer of the property, or when the homeowner ceases to occupy the property as their
principal residence.

4. Impound Account
An impound account will be set up for all primary mortgage loans. Impound accounts will include funding for property taxes, assessment fees, and insurance for the life of the silent OCEMAP loan.

F. SUBORDINATION, ASSUMPTION & TRANSFER
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OCEMAP Guidelines Page 7 04/12/22
The purpose of the (OCEMAP) is to serve as a recruitment incentive and encourage the longevity of permanent, full-time employees for the City of Oroville
The Promissory Note is not automatically assumable but is subject to Section 711.5 of the California Civil Code which allows the City to accelerate all amounts due under the Note if the employee is no longer a full-time employee for the City of Oroville.

Although Borrower may sell or transfer the Property without causing the principal and any outstanding interest which hereafter accrues under the Promissory Note, to become immediately due and payable, provided Borrower has obtained written consent from the City of Oroville prior to such sale or transfer.

Complete property transfer and loan assumption parameters and specifics are outlined in the OCEMAP loan documents that are attached hereto as Exhibits “A”, “B”, and “C”.

At the sole option of the City of Oroville, the City may require the execution of a new OCEMAP Loan Agreement, Promissory Note, and new Deed of Trust securing the Promissory Note with any loan modification(s).

In the event a loan recipient requests the City of Oroville to subordinate its OCEMAP loan to a new Deed of Trust, the Director/Manager of Business Assistance and Housing Development will prepare a report for the City Administrator which contains the following information:

1. The primary lender, requesting the subordination, shall provide the City with a summary of the proposed
primary loan that includes, but is not limited to the
following:
a. Loan amount;amount.
b. Interest rate;rate.
c. Proposed housing expense ratio and overall
fixed debt ratio.;
d. Current appraised value.

2. The primary lender, shall also provide the City with a summary of the original loan terms that includes, but is not limited to the following:
a. Original loan amount;amount.
b. Original interest rate;rate.
c. Original housing expense ratio and overall
fixed debt ratio;ratio.
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OCEMAP Guidelines Page 8 04/12/22
d. Original appraised value.

3. Primary lender shall provide a statement indicating
whether the owner is receiving cash or paying off other debts from the funds received through the refinancing
of the loan.

4. The City Administrator will evaluate the report and
determine the effect of the request on the City original loan security.
a. If the City’s position is enhanced, the City
Administrator may approve the subordination
agreement.
b. If the City’s position is reduced or the City
Administrator does not recommend approval,
and an appeal is requested by the applicant, the
City Administrator shall forward the request to
the Loan Advisory Committee (LAC).

The LAC may approve or deny a request for
subordination or may recommend consideration
by the City Council.

5. Applicants denied OCEMAP assistance, or are
otherwise dissatisfied with financing decisions, may
request a review hearing with the three member
Housing Appeals Board) consisting of twoof two
members of the City Council and the Mayor.

A request for review must be submitted, within fifteen
(15) days following the notification to the
applicant,applicant of the City Administrator’s decision, to deny the request for subordination, assumption, or
transfer. The appeal must be made writing to the
Director/Manager of Business Assistance and Housing
Development.

V PROCEDURES
A. APPLICANT PROCESSING

1. Purchase and Primary Financing
a. It is suggested that the applicant first find a lender and become pre-qualified for the loan, then look for a home to 106
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OCEMAP Guidelines Page 9 04/12/22
purchase.
b. Applicants are not required to use any particular bank or brokerage and are encouraged to seek competitive market financing. The Business Assistance and Housing
development staff will assist with any questions or
concerns that applicants may have.
c. The primary lender shall provide applicant with a fullyamortized prime rate loan. Further, the lender shall determine qualifying housing expense and overall fixed
debt ratios in accordance with the terms of the prime rate loan.

Upon securing a lender and providing an address for the purchase, an escrow account shall be opened and a
tentative date for closing shall be established.

The purchase agreement should be written in such a way
that if the sale of the home does not come to completion, any deposit made by the borrower will be returned in full.

The lender shall provide a copy of a preliminary title report, a copy of escrow instructions, a copy of an appraisal,
complete lender’s package, and a copy of the lender’s
Letter of Commitment, which shall include the terms of the loan, to the City. These documents must be provided to
the City before the LAC can be called. At a minimum, a
full sixty-day (60) escrow is required for all OCEMAP
loans.

It is the responsibility of the borrower/lender to notify the Business Assistance and Housing Development staff that
escrow has opened.
d. When all items have been received, the Business
Assistance and Housing Development staff will prepare
the loan request and present a summary of information to the LAC. Full lender packets (excluding appraisal
information only) will be required by the agenda cut-off date in order to be scheduled for the meeting. Lender
packets not received by agenda cut-off dates will be held until the next scheduled meeting date. Lender packets will be returned if incomplete.

A Deed of Trust, Promissory Note, Loan Agreement,
Truth in Lending, Request for Notice and any other
documents the Business Assistance and Housing
Development staff may request, will be signed in escrow 107
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OCEMAP Guidelines Page 10 04/12/22
by the buyers. This transaction shall be concurrent with the signing of the first mortgage lender's loan documents. e. Before incurring appraisal costs, the Department of
Business Assistance and Housing Development must be
called to verify that the loan has been approved by the City’s LAC and that loan funding is still available.

Verification will be the responsibility of the
borrower/lender.
f. Upon close of escrow a policy of title insurance will be issued and a certified copy of closing statements shall be required for the file.
g. All properties selected must be inspected by the City Building Department and/or Housing Development
Supervisor two weeks prior to the scheduled LAC review
dates. It is the responsibility of the borrower/lender/real estate agent to call the Building Department and schedule an appointment.

2. Private Lenders
a. Lender will determine the loan eligibility of the applicant.

Business Assistance and Housing Development staff will
verify subsidy eligibility based on City OCEMAP policies. b. Lender performs all underwriting criteria on the loan.

The qualifying housing expense ratio and the overall
fixed debt ratio shall be determined by the primary
lender.

The primary lender shall base the applicant’s qualifying housing expense and overall fixed debt ratios on a fully amortized fixed rate prime loan.
c. Lender performs all credit analysis on applicant. All costs, up-front and closing, shall be paid by the borrower.

The borrower shall not be reimbursed for these costs at any time.

Closing costs may not be included in the primary mortgage or the City OCEMAP loan.
d. Lender transmits to Business Assistance and Housing
Development staff a current (within 90 days) title report and appraisal. In the event the lender does not require either document, the applicant will provide them.
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OCEMAP Guidelines Page 11 04/12/22
e. Lender advises the Business Assistance and Housing
Development staff of preliminary loan approval and the
applicant's request for a OCEMAP mortgage subsidy.
f. All loans must be FHA approved (or equivalent i.e.: Cal Vet, Fannie Mae, Freddie Mac, USDA Rural Development,
etcetera).

3. Property Inspection
a. All properties selected must be inspected by the City Building Department and/or Housing Development
Supervisor two weeks prior to the scheduled LAC review
dates. It is the responsibility of the borrower/lender/real estate agent to call the Building Department and schedule an appointment.
b. The property will also be inspected for lead-based paint hazards. A list of corrections or deficiencies that will need to be made will be submitted to the seller, real estate agents, and/or lenders. It will be the responsibility of the parties involved to make the necessary corrections prior to the close of escrow.

It is the responsibility of the lender or real estate agent to call the Department of Business Assistance and Housing
Development at 530-538-2495 to schedule the property
inspections, and re-inspection to clear any possible
deficiencies.
c. The City of Oroville, however, is under no obligation to make or supervise the repairs and improvements.

Inspections by the Business Assistance and Housing
Development staff and/or City of Oroville is for the sole purpose of protecting the City’s security and is not to be construed as a representation that the repairs and
improvements will be free from faulty material or work.

The owner has the right to, and may make or cause to be made, other independent inspections as desired for
his/her own protection.

Prior to initial occupancy after transfer of ownership, property must be free from health and safety defects. The unit must meet all property standards prior to the close of escrow.

4. Loan Approval
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OCEMAP Guidelines Page 12 04/12/22
a. Loans will be approved by the Loan Advisory Committee (LAC) established by the Oroville City Council.
b. Loan requests requiring exceptions to these guidelines shall be considered by the LAC. The LAC shall have the
authority to approve a loan-to-value (LTV) ratio (primary loan plus he city loan) exceeding 100% appraised value
on a case-by-case basis. An example where this might
occur would be in the event the appraised value is
exceeded to allow the upfront financed mortgage
insurance or a portion of the non-reoccurring closing costs to be included within the City’s $50,000 loan amount. A more extensive circumstance than above may require City Council consideration.
c. Loans that have been approved by LAC, including the
information from the primary lender, must remain the same as approved by LAC upon close of escrow.
d. Any changes to the loan amount, term, rate, etc. on the primary loan shall have to be approved by LAC. The only exception to this rule is if the interest rate should change before escrow closes due to an unforeseen reason. If this should occur, the Director/Manager of the Business
Assistance and Housing Development Department shall
have the authority to accept minor fluctuations in the
interest rate on the primary loan and everything else
complies with Program Guidelines.

5. Loan Closing
a. City deposits a OCEMAP mortgage subsidy with loan
documents and appropriate instructions in escrow. The
City Administrator is authorized to execute loan
documents on behalf of the City of Oroville loans approved in accordance with these guidelines and other loan criteria as stipulated in the OCEMAP loan documents.
b. Loan documents are signed by the applicant and recorded concurrently with loan documents from a primary lender.

6. Loan Servicing
a. Loan repayments will be processed by the Finance
Department.
b. Annual monitoring to confirm program compliance will be performed by the Business Assistance and Housing
110
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OCEMAP Guidelines Page 13 04/12/22
Development staff.

7. Loan Services
Loan repayment documents will be processed by the
Business Assistance and Housing Development Department
staff.

8. Loan Pay-Off
Loan pay-off specifics are outlined in the OCEAP loan
documents that are attached hereto as Exhibits “A”, “B”, and “C”.

9. Defaults and Foreclosure
When a first mortgage loan goes into default, every effort will be made by the Business Assistance and Housing
Development Department staff to work with the borrower to resolve the problem, and attempts will be made to work out viable solutions.

10. Equal Opportunity and Fair Housing
No person shall, on the grounds of race, color, national origin, religion, or sex be excluded from participation; denied benefits; or be subjected to discrimination relating to program benefits, employment, contracting, and/or fair housing under any City of Oroville Program.

Approval:
04/12/2022
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OCEMAP Guidelines Page 14 04/12/22
112
Item 6.
113
Item 6.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT

FRED MAYO, DIRECTOR, PUBLIC WORKS
RE: RATIFY MEMORANDUM OF UNDERSTANDING WITH BUTTE COUNTY

FOR OPHIR ROAD REHABILITATION PROJECT
DATE: MARCH 19, 2024

SUMMARY
The Council may consider ratifying the Memorandum of Understanding (MOU) with Butte County for the Ophir Road Rehabilitation Project.

DISCUSSION
The Butte County Ophir Road Rehabilitation Project is a collaborative initiative between the City of Oroville and the County of Butte aimed at repairing and restoring Ophir Road, a minor arterial road south Oroville area, to its pre-disaster design, function, and capacity following significant damage caused by the extraordinary number and weight of debris removal trucks involved in the Camp Fire recovery efforts. This project encompasses a total roadway length of approximately 1.63 miles, with 1.06 miles under the County jurisdiction and 0.57 miles within the County.

The extraordinary number and weight of debris removal trucks after the Camp Fire resulted in significant road damage. In response to this damage, the County and the City applied for and received Community Development Block Grant -Disaster Recovery Infrastructure Funds (CDBG-DR Infra) to assist with the repair and restoration of the road to its pre-disaster condition.

The City and the County both recognized that by entering into this MOU, the project delivery for the entire project area, will be streamlined and expedited rather than if each jurisdiction separately addressed their own sections of the roadway.

The purpose of the MOU is to establish City and County responsibilities regarding the project.

The County will be the lead agency for the project delivery, providing project oversight and grant administration. The County shall implement cost tracking and recovery processes to clearly identify County and City expenditures. The City’s CDBG-DR allocation is $365,000, and the County will be directly reimbursed through the CDBG-DR program. In the event that project cost exceed the City’s CDBG-DR funding allocation, the City agrees to reimburse the County 114
Item 7.

for any additional costs, including staff time, construction inspections and management, and project and grant administration. While the project has yet to go out to bid, preliminary estimates anticipate the City’s portion of this project to cost between $800,000 - $1,000,000.

FISCAL IMPACT
City will reimburse the County for costs that exceed the $365,000 allocation from CBDG DR.

District Tax Fund 102.1302.6030

RECOMMENDATION

1. Approve memorandum of Understanding between the City of Oroville and Butte County for Ophir Rd. Rehabilitation Project.

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

RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

OROVILLE AND THE COUNTY OF BUTTE FOR THE OPHIR ROAD
REHABILITATION PROJECT.

ATTACHMENTS
Resolution No.

MOU with Butte County
115
Item 7.
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7 8
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11 12
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CITY OF OROVILLE
RESOLUTION NO. 9235

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 116
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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 19, 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 117
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Item 7.

CITY OF OROVILLE

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

DIVISION
RE: PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT GEAR

LOCKERS
DATE: MARCH 19, 2024

SUMMARY
Council may consider authorizing the Fire Department to purchase personal protective gear lockers in an amount not to exceed $14,985.00.

DISCUSSION
Staff is requesting to purchase 19 personal protective equipment (PPE) gear storage lockers.

The current PPE gear storage lockers utilized at the Oroville City Station for storing firefighter protective equipment are over twenty years old and have significantly deteriorated over time.

Firefighter protective equipment is highly specialized, expensive and requires proper storage to preserve its functionality and extend its lifespan. Our current gear lockers lack sufficient capacity to accommodate a second set of turnouts and proper security, which is essential for ensuring the readiness of our firefighters. Modern gear lockers offer customizable storage options and organizational features, allowing for efficient arrangement and access to equipment.

FISCAL IMPACT
Expenditures of $14,985.00 from the Fire operational budget fund 1150-6430

RECOMMENDATION
Staff recommends council authorize the Fire Department to purchase personal protective gear lockers in an amount not to exceed $14,985.00.

ATTACHMENTS
Quote
124
Item 8.

Net Order: $13,300.00
Freight: $1,685.00
Sales Tax:

Order Total US $: $14,985.00

1. 2.

3. 4.

5. Quotation
GearGrid Corporation
670 15th St SW
Forest Lake, MN 55025
Phone: (651) 464-4468 Fax: (651) 464-4780
www.geargridcorp.com
Quote Number: 00009644
Quote Date: 3/4/2024
Customer Number:

Project Name: City of Oroville (Cal Fire) - WM Lockers
Specification Section: --
Addenda Acknowledged: --
Sold To: Ship To:

Cal Fire - Oroville Fire Department
Please Confirm
Oroville, CA 95965
Cal Fire - Oroville Fire Department
Please Confirm
Oroville, CA
Phone: 5306322829 Fax: E-mail: [email protected] Confirm To: Carrier F.O.B. Terms Quote Provided By:

Brad Long Old Dominion Origin Net 30 Jeff Anderson
Part Number Description UOM Quantity Ordered Price Extended Amount 413104 LKR-w/dr-30Wx72Hx24D-4openings 1 $2,854.00 $2,854.00 401013 Hanger-Coat Dry EA 38 $15.00 $570.00
492031 Kit, Hangbar Secure Bracket EA 3 $5.00 $15.00
401130 GearHanger Hanging Rod 30" 19 $29.00 $551.00
413106 LKR-w/dr-30Wx72Hx24D-6opening 1 $3,824.00 $3,824.00 413109 LKR-w/dr-30Wx72Hx24D-9opening 1 $5,486.00 $5,486.00 Quote Notes:
(19) GearGrid 30"W x 24"D lockers with doors
Wall Mount Banks of 4, 6, 9
Each locker comes standard with 2 adjustable shelves, 3 apparel hooks and wire grid back panels.

Optional accessories included: Stainless Steel Hangbar and (2) GearDryer Hangers per locker. 2-27-2024 Updated quote to 2024 pricing
3-4-2024 - Changed layout to banks of 4, 6 and 9 lockers Assembly/Installation provided by: Orville Fire
GearGrid can provide (NON-UNION, NON-CERTIFIED PAYROLL) Assembly and Installation for an ADDED price of: N/A
Estimated Ship Date: Approximately Please check at time of order weeks after receipt of order.

This quote does not include nameplates, please source at www.firehouseid.com or locally
If Doors are ordered GearGrid does not provide padlocks or other locking devices unless otherwise indicated.

When Powerbars are ordered, electrical wiring, receptacles and installation of electrical are not included. Please consult local certified electrician. 125
Item 8.

6. GearGrid products are packaged on 74" long x 44" wide skids, standard trailer delivery. Off-loading by others. If lift gate or other special services are desired, this must be requested at the time of initial quote request.

Quotation is valid for 90 days for product costs; freight charges are valid for 30 days. 126
Item 8.

TERMS AND CONDITIONS OF SALE

1. GENERAL. These Terms and Conditions apply to all sales of goods (“Goods”) by GearGrid, LLC (“GearGrid”) to any proposed Buyer (“Buyer”).

Any additional or different terms and conditions proposed by the Buyer are objected to and hereby rejected, notwithstanding any terms and conditions that may be contained in any purchase order, acknowledgment, notice, communication or other Buyer form, unless such additional or different terms are expressly accepted by Seller in writing, signed by an authorized officer of Seller. Acceptance by Buyer of any goods from Seller shall be considered acceptance of these Terms and Conditions. If these Terms and Conditions, or any related documents from Seller, are deemed to be a response to a Buyer document, then notwithstanding any additional or different terms that may be embodied in Buyer’s document, Seller’s response is expressly conditional on Buyer’s consent to the additional and/or different terms and conditions set forth in these Terms and Conditions. If these Terms and Conditions are not acceptable to Buyer, Buyer must notify Seller in writing at once.

2. VERBAL ORDERS. Verbal orders are accepted only on the terms herein and in Seller’s order acknowledgment. Any discrepancies between Seller’s order acknowledgment and the Buyer’s verbal order are not binding on Seller. PLEASE REVIEW GEARGRID’S ORDER ACKNOWLEDGMENT CAREFULLY.

3. PAYMENT. Unless otherwise stated in GearGrid’s order acknowledgment or quotation, all invoices are due 30 days after the invoice date. Past due accounts will be charged interest at 1.5% per month, but not more the maximum interest rate allowed by law. Any wire transfer or related fees associated with payment of individual invoices will be the responsibility of the Buyer. A 3% fee will be added to any order paid using a credit card.

4. SHIPPING DATES. All shipping dates represent only a reasonable estimate of the time required for manufacturing at the time of order acceptance or quotation. These dates shall not be construed as promises or agreements to ship or deliver goods on specific dates.

5. SHIPMENT - RISK OF LOSS. Except as otherwise provided in Seller’s invoice, all shipments will be made by F.O.B. Seller’s manufacturing facility in Forest Lake, Minnesota. Shipping and insurance costs are not included in the individual product prices and shall be paid by Buyer. All goods are shipped at Buyer’s risk. Title to the goods and risk of loss or damage shall pass to Buyer upon tender of delivery to the carrier in Forest Lake, Minnesota. All claims for shortage or for damage in transit must be reported to Seller within 10 days of delivery.

6. DELAYS. Delivery shall be subject to, and contingent upon, strikes, labor difficulties, riot, war, fire, delay or defaults of common carriers, governmental decrees or orders, inability to obtain necessary material or facilities or any other delays beyond Seller’s reasonable control. Seller shall not be liable for any losses caused by such delays.

7. CANCELLATION. A cancelation fee will be applied to all cancelled orders. The amount of the cancellation fee will be based on the percent completion of the customer order.

8. TAXES - Seller’s prices do not include taxes or other governmental charges with respect to the sale, purchase, delivery, use or transportation of Goods.

Any such taxes which Seller may be required to pay or collect under any existing or future law shall be promptly paid to Seller by Buyer upon demand.

9. WARRANTIES AND DISCLAIMERS. Seller warrants to the Buyer that the Goods shall be free from defects in materials and workmanship for a period of one year from time of shipment. If Buyer notifies Seller in writing within the applicable period from the date of shipment by Seller (“Warranty Period”) of such a defect in any Goods, and if Seller determines that such Goods are not in conformity with this warranty, Seller will repair or replace such Goods or refund to Buyer the purchase price of such Goods. Any claims not made within the Warranty Period are deemed waived by Buyer. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE OR AGAINST INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED BY SELLER.

10. PRODUCT WARRANTY PERIOD. Unless otherwise stated, all GearGrid products are warranted as described in Warranties and Disclaimers, for a period of 2 years, except for the GridIron locker line which carries a 10 year standard warranty.

11. RETURN & RESTOCKING POLICY. Goods may not be returned without the Seller’s consent, at its discretion and will be subject to a restocking fee. A minimum 25% restocking fee will apply to all returned products. No product may be returned without a Return Authorization and agreement provided by GearGrid. Any returned product received in damaged condition, will be subject to credit adjustment.

12. LIMITATION OF REMEDIES. IN NO EVENT SHALL SELLER’S OBLIGATIONS WITH RESPECT TO ANY GOODS EXCEED THE PURCHASE PRICE PAID TO SELLER BY BUYER FOR THOSE GOODS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER

FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGE, LOSS OR EXPENSE (INCLUDING WITHOUT LIMITATION,

LOSS OF PROFITS OR GOODWILL), WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, STRICT TORT OR WARRANTY.

13. INTERNATIONAL TRANSACTIONS. If the Goods are to be shipped outside of the United States, no shipment will be authorized until Seller has received an irrevocable letter of credit issued to Seller for the entire purchase price of the Goods and issued or confirmed by a bank located in the United States that is acceptable to Seller in its sole discretion. The Convention on Contracts for the International Sale of Goods shall not apply to any transaction subject to these Terms and Conditions.

14. GOVERNING LAW/DISPUTES - These Terms and Conditions shall be governed by and interpreted in accordance with the internal laws of Minnesota. No action with respect to the Goods or arising out of these Terms and Conditions may be brought by Buyer more than one year after the cause of action has accrued. All disputes shall be resolved in state or Federal courts located in Hennepin County, Minnesota.

15. EXCLUSIVE AGREEMENT - No agreement varying these Terms and Conditions will be binding upon Seller unless in writing and signed by an officer of Seller.

16. ASSEMBLY AND INSTALLATION (WHEN APPLICABLE) GearGrid will be responsible for assembly/installation for the items quoted when the price is indicated on quote and accepted by customer. Customer will be responsible for off-loading material from carrier and storing in a safe, secure environment until scheduled installation. Customer is responsible for noting any damage to shipment with carrier at the time of delivery. The damage to be noted on Bill of Lading prior to signing and accepting shipment. Customer will also immediately notify GearGrid of shipment damage via email to [email protected]. Evidence of damage including description and pictures will be necessary. Customer will be responsible for providing a trash receptacle for packing materials and skid disposal. Customer will be responsible for accurate field measurements prior to GearGrid releasing order for production. Field dimensions should also note the material make-up of walls or floors that lockers will be anchored into and any impediments that will require special installation circumstances. Inaccurate field dimensions or omission of special installation circumstances that require additional costs in terms of materials or labor will be the sole responsibility of Customer. Customer will coordinate a firm installation date no later than 30 days prior to the required install date to allow for installer to coordinate travel logistics. If jobsite is not ready for installation as of previously agreed upon date, 127
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Customer will be responsible for additional travel, lodging and other costs associated with delay. Customer will make sure area is free and clear of any obstructions/clutter to allow for adequate space to work freely. Customer will advise of open days/hours work can be performed on site. GearGrid is not able to provide Certified Payroll or Union Wages.

17. APPROXIMATE LABOR REQUIRED FOR ASSEMBLY AND INSTALLATION. Using the information below will allow you to approximate the Man Hours required to assemble and install GearGrid products. These figures are provided as a courtesy and are dependent on a variety of factors including: labor experience and skill, jobsite conditions, accessories included, layout, etc. Please feel free to use these calculations, however GearGrid is not responsible for actual assembly and installation times.

First 6 Lockers: 1 hour per locker
Each locker after the first 6: .75 hours per locker
Locker Doors: Add .25 hours per door
Hose Racks, Slingers, Miami, Suffolk, etc: 2 hours each 128
Item 8.

CITY OF OROVILLE

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

DIVISION
RE: FINANCIAL ADJUSTMENT OF CAL WATER ANNUAL FIREFIGHTER GRANT
DATE: MARCH 19, 2024

SUMMARY
The Council will consider a financial adjustment to the annual firefighter grant awarded by the California Water Service (Cal Water) for the Oroville Fire Department. This proposed grant, earmarked for the Fiscal Year 2024 (FY24), aims to facilitate the acquisition of 10 handheld thermal imaging cameras and associated equipment.

DISCUSSION
On January 16th, 2024, Council approved the annual Cal Water firefighter grant in the amount of $10,000. However, upon formal notification to staff, it was discovered that the actual grant amount is $11,151.39, resulting in a variance of $1,151.39. Pending approval, the Fire Department intends to allocate the additional funds towards the acquisition of gear keepers, retractable lanyards and battery charging station. These additional equipment items are intended for charging and affixing the new thermal imaging cameras to firefighter protective gear.

FISCAL IMPACT
Additional grant revenue in the amount of $1,151.39.

RECOMMENDATION

1. Accept the increase for the annual Cal Water firefighter grant in the amount of $1,151.39.

2. Authorize the purchase of gear keepers, retractable lanyards and battery charging station.

ATTACHMENTS
Quote
129
Item 9.
101 Independence Way
Coatesville, PA 19320
www.wpsginc.com
[email protected]
(610) 857-8070
Quote
Quote# QUO147954
Date 01/19/2024
Exp. Date 03/31/2024
1 of 1
Bill To: Ship To:

City of Oroville
2055 LINCOLN ST
OROVILLE CA 95966-5325
United States
City of Oroville
2055 LINCOLN ST
OROVILLE CA 95966-5325
United States
Seek Thermal Equipment Accessories
ID Name Ordered By Terms Sales Rep Shipping Method
372892 City of Oroville Justin Khan Net 30 David Diianni FedEx Ground # Item Name Description Quantity Unit Price Amount
1 FR-FAA Seek FirePRO300, Gear Keeper Retractable Lanyard 13 58.08 755.04 2 FD-CAA Seek FirePRO300, Charger Dock (single unit) 1 289.99 289.99 ACCEPTANCE OF QUOTATION Subtotal: 1,045.03
The above prices,specifications, and conditions are satisfactory and are hereby accepted. Discount: 0.00 Freight charges are estimated at the time of quote. Applicable freight costs will apply at time of shipment.

Tax Total: 86.21
Quotation is valid until Mar 31,2024 Freight: 19.99
Signature: _____________________________        Date: ___________________________________ Total: 1,151.23 130
Item 9.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: JESS DARNELL, ASSISTANT CHIEF OF POLICE
RE: PURCHASE OF BOSCH CRASH DATA RETRIEVAL SOFTWARE
DATE: MARCH 19, 2024

SUMMARY
The Council will consider the purchase of Bosch Crash Data Retrieval Software and equipment, to be used in support of the Oroville Police Department, which will be used to retrieve information from electronic communication devices within vehicles after an accident. The initial cost of this software, license, and tool kit is $29,250.00.

DISCUSSION
The Oroville Police Department currently utilizes the services of the Butte County District Attorney Investigations Bureau for the forensic download and analysis of electronic devices after minor collisions which is stored on an event data recorder (EDR) within a vehicle. However, for information on vehicles involved in major collisions (to include fatalities), the Oroville Police Department must solicit help from the California Highway Patrol, which includes scheduling the forensic examination of a vehicle through the Highway Patrol’s Major Accident Investigation Team (MAIT). However, the Highway Patrol MAIT services law enforcement agencies throughout Northern California, which may delay the scheduling / execution of an investigation. By purchasing this software and equipment, the Oroville Police Department would have the tools available to then be able to partner with trained Investigators from the Butte County District Attorney Investigations Bureau to perform examinations on required vehicles in major collisions, and other major investigations which require the forensic download of vehicle software. Doing this would be a more efficient path forward on investigating major accidents, and other criminal cases that involve the use of a vehicle.

The Bosch Crash Data retrieval equipment is an important piece of equipment and software when it comes to major collisions which would include fatalities. This software will aid in the prosecution of criminals involved in vehicle collisions. Having this equipment local will aid in faster returns times to this office and will provided investigators and the administration with the answers they need when these types of crimes occur.
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Item 10.

FISCAL IMPACT
First Year Participation Fee and Monthly Licensing $29,250.00 Annual Costs after initial purchase $0.00
Funding shall come from the Asset Forfeiture Fund.

RECOMMENDATION
Authorize the purchase of Bosch Crash Data Retrieval Software and equipment

ATTACHMENTS

1. Crash Data Group Quote
132
Item 10.

QUOTE
DATE
2/22/2024
QUOTE #
Q13932

BILL TO
Oroville Police Department
2055 Lincoln Street,
Oroville, CA 95966
(530) 538-2451

SHIP TO
Oroville Police Department
2055 Lincoln Street,
Oroville, CA 95966
(530) 538-2451

EXP DATE
3/22/2024
REP
DS

PREP BY
REV
TOTAL (USD$)

SUBTOTAL
SALES TAX (0.0%)
FEIN: 46-3027670
Download our W9, Sole Source and other documents at
www.crashdatagroup.com/pages/crash-data-group-documents-support P: (800) 280-7940
E: [email protected]
Purchase Order Instructions:

1. Payable to Crash Data Group Inc

2. Mail to:

PO Box 892885
Temecula, CA 92589

3. Reference the "Quote #" on the Check

1. We only accept POs from Government agencies

2. We do NOT accept POs that are less than $500.00

3. Reference the "Quote #" on the PO

4. All POs must be signed

5. Include the Name, E-mail, and Phone of the purchasing agent

6. All POs must be NET30 Terms and issued to:

Crash Data Group, PO Box 892885, Temecula, CA, 92589

7. POs may be emailed to: [email protected]
Payment by Check:

ITEM DESCRIPTION QTY RATE TOTAL (USD$)
CDR900DLCwSW 1
CDR900DLC Bosch CDR900 DLC Tool Kit 1 4,200.00 4,200.00T F00E900038 Annual Bosch CDR Software Subscription. 1 1,500.00 1,500.00 Bosch CDR 900 DLC Tool Kit with 1-year software license. 5,700.00 PREMIUM-ACM-KIT This CDR Premium D2M Cable Bundle is the “gold-standard” as it contains all of the direct-to-module cables and adapters currently available in the Bosch CDR product line. (Does not contain cables/adapters that may have been discontinued).
1 23,400.00 23,400.00T
SHIP Shipping and Handling 1 150.00 150.00T
$29,250.00
$29,250.00
$0.00
133
Item 10.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JOSH FREITAS, ASSISTANT ENGINEER
RE: AMENDEMENT TO CAPITAL PROJECT TASK ORDER 3 AMENDMENT

WITH ROLLS, ANDERSON & ROLLS
DATE: MARCH 19, 2024

SUMMARY
The Council may direct staff regarding amending Task Order 3 for the design of three (3) capital improvement projects to include needed geotechnical services.

DISCUSSION
On September 19, 2023, Council approved the issuing of Task Order 3 to one of our On-Call Engineering consultants Rolls, Anderson & Rolls (RAR). This task order included the following roadways:

Georgia Pacific Way - Feather River Boulevard to Baggett Marysville Road. Improvements to include Pavement reconstruction, ADA curb ramp compliance and drainage improvements. $94,400.00,
Oro Dam Boulevard East – Washington Avenue to Orange Avenue. Improvements to include Pavement reconstruction, ADA compliance, bike lanes, curb, gutter, and sidewalks. $96,600.00, and
Norton Avenue – Montgomery Street to Bridge Street. Improvements to include pavement reconstruction, drainage improvements, road widening, on street parking, curb, gutter, and ADA curb ramp compliance. $51,050.00.

There was a misunderstanding between City Staff and RAR. City staff had requested geotechnical services during scoping of these projects. These services were not included in RAR proposal but were provided as proposal from RAR’s subconsultant and did not get approved in council at the time Task Order 3 was approved.

This amendment includes geotechnical services that were provided by Rolls, Anderson & Rolls subconsultant NV5 on these three roadway design projects. Services NV5 are currently providing are coring the existing roadway structures to determine thicknesses and areas of deficiency and developing a report on each roadway with recommendations for best results. 134
Item 11.

FISCAL IMPACT
The funds in the amount of $32,273 will come from Fund 102 Measure U Funds.

RECOMMENDATION
Staff recommends the Council direct the City Administrator to proceed with the task order amendment discussed above with Rolls Anderson & Rolls Civil Engineers.

ATTACHMENTS
Rolls Anderson & Rolls Amendment
NV5 Proposal for Georgia Pacific Way
NV5 Proposal for Oro Dam Boulevard East
NV5 Proposal for Norton Street
Rolls, Anderson & Rolls Previously Approved Proposal
135
Item 11.
115 YELLOWSTONE DRIVE  CHICO, CALIFORNIA 95973-5811  TELEPHONE 530-895-1422  www.rarcivil.com T:\Data\PROMO\Oroville On-Call Civil\Freitas-031124.Docx March 11, 2024
Mr. Josh Freitas
Assistant Civil Engineer
City of Oroville
[email protected]
SUBJECT: CITY OF OROVILLE – ROAD PAVEMENT REHABILITION PROJECTS GEORGIA PACIFIC WAY, OROVILLE DAM BLVD. EAST, NORTON STREET PROPOSAL FOR PROFESSIONAL SERVICES – AMENDMENT #1

Dear Josh:

Based on our discussions, we propose to provide you the following professional services:

Task 22 - would involve providing geotechnical engineering services for the rehabilitation of Georgia Pacific Way from Feather River Boulevard to Baggett Marysville Road in Oroville, California.

See the attached proposal for geotechnical engineering services for additional information.

Task 23 - would involve providing geotechnical engineering services for the rehabilitation of Oroville Dam Boulevard from Olive Highway to Acacia Avenue in Oroville, California. See the attached proposal for geotechnical engineering services for additional information.

Task 24 - would involve providing geotechnical engineering services for the rehabilitation of Norton Street from Montgomery Street to Bridge Street in Oroville, California. See the attached proposal for geotechnical engineering services for additional information.

The cost to complete the above tasks would be:

Project Name
Georgia
Pacific Way
Oroville Dam
Blvd. East Norton Street Sum of all three projects
Task Order #3
of Contract
3345
Tasks 1 – 21 &
A & B $94,400.00 $96,600.00 $51,050.00 $242,050.00
Total = $94,400.00 $96,600.00 $51,050.00 $242,050.00
Amendment #1
Task 22 $12,694.00 $0 $0 $12,694.00
Task 23 $0 $12,694.00 $0 $12,694.00
Task 24 $0 $0 $6,885.00 $6,885.00
Total = $12,400.00 $12,694.00 $6,885.00 $32,273.00
Grand Total = $106,800.00 $109,294.00 $57,935.00 $274,029.00 136
Item 11.

March 11, 2024
Mr. Josh Freitas

Additional information about the geotechnical services can be found in the three attached proposals.

Please call if you have any questions.

Sincerely,

ROLLS, ANDERSON & ROLLS
Keith Doglio
137
Item 11.
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Item 11.
48 BELLARMINE COURT, SUITE 40 | CHICO, CA 95928 | WWW.NV5.COM | OFFICE 530. 894.2487 Proposal No. PC23.123
June 2, 2023
Mr. Keith Doglio, P.E.

Rolls, Anderson & Rolls
115 Yellowstone Drive
Chico, California 95973
[email protected]
REFERENCE: City of Oroville – Norton Street Road Rehabilitation Project Norton Street, Oroville, Butte County, California
SUBJECT: Proposal for Geotechnical Engineering Services Dear Mr. Doglio,
In accordance with your request, NV5 prepared this proposal to provide geotechnical engineering services for the rehabilitation of Norton Street from Montgomery Street to Bridge Street in Oroville, California.

As part of the geotechnical engineering services, NV5 will perform the appropriate geotechnical engineering investigations in accordance with the requirements of the 2022 California Building Code (CBC). NV5 will prepare a geotechnical engineering investigation report that presents the findings, conclusions and recommendations for pavement reconstruction which will be specific to the proposed improvements. The following presents our understanding of the project and our proposed engineering services.

1.0 PROJECT DESCRIPTION
According to information provided by representatives of Rolls, Anderson & Rolls, the City of Oroville is currently considering rehabilitation options: 1) Pulverize existing asphalt concrete and overlay; 2) repair existing pavement in failed areas and overlay the remaining portions of roadways; and, 3) cement treatment of existing unpaved roadways.

Based on review of a Google Earth pin, provided by Rolls, Anderson & Rolls, NV5 understands that the following road is proposed for pavement rehabilitation improvements:
• Norton Street, from Montgomery Street to Bridge Street.

2.0 SCOPE OF SERVICES
Based on the understanding of the proposed site improvements and our knowledge of the local geotechnical aspects, NV5 is proposing the following approach to our scope of services.
• Using a drill rig equipped with a concrete and asphalt core barrel to quickly core the existing pavement and auger through the existing aggregate base and underlying pavement subgrade soils for collection of subsurface soil samples. 158
Item 11.

Proposal No. PC23.123 City of Oroville – Norton Street Road Rehabilitation Project, Oroville, California June 2, 2023 Proposal for Geotechnical Engineering Services

NV5 proposes to perform the following tasks as basic services with no other additional services included: Task 1 Pavement Evaluation and Investigation, Task 2 Data Analysis and Engineering Design, Task 3 Report Preparation, Task 4 Final Design Plan Review, and Task 5 Construction Quality Assurance Testing and Inspection Services. Each task is described in the following:

2.1 TASK 1 PAVEMENT EVALUATION AND INVESTIGATION
The current surface condition of the pavements will be evaluated during a site visit by our field engineer/geologist. Following the pavement evaluation, NV5 will perform a site investigation using a truck-mounted drill rig to core the existing AC and drill through the aggregate base (AB), if present, to determine the existing pavement section and characterize the existing pavement subgrade soils. The site investigation includes the following components, which are described below: Literature Review and Surface Reconnaissance Investigation, Asphalt Coring Investigation, and Laboratory Testing. These surface and subsurface investigations do not include the evaluation of the site for the presence of hazardous waste materials and/or groundwater pollutants.

2.1.1 Literature Review and Surface Reconnaissance Investigation NV5 will perform a literature review of available geologic and engineering documents and a surface reconnaissance of the project site to identify surface conditions that may impact the proposed site development plans. In general, NV5’s field engineer/geologist will observe and describe surface exposures of the following existing site conditions:
• Site and surrounding land uses.
• Site topography and drainage.
• Existing pavement conditions.
• Areas of failed pavements requiring repair and/or replacement. • Areas of significant cracking/rutting.
• Areas of uneven pavement elevations.

2.1.2 Asphalt Coring Investigation
A minimum of 48 hours prior to performing the subsurface investigation NV5 will mark the proposed subsurface exploratory locations with white paint and notify Underground Service Alert (USA) as required by California state law. USA members will inspect each proposed subsurface exploratory location to determine if any underground utilities are present at these locations. If USA identifies the presence of underground utilities at any of the proposed exploratory locations, then we will move the excavation location to an area that is clear of underground utilities. A utility line locating firm may be utilized to identify utility line locations, if appropriate, at an additional cost.

NV5 will perform a subsurface investigation to obtain an understanding of the overall existing pavement section of the existing roadways. Up to three (3) boreholes may be excavated within the existing pavement area to a maximum depth of approximately 36 inches below the existing surface. Each exploratory borehole will be backfilled immediately 159
Item 11.

Proposal No. PC23.123 City of Oroville – Norton Street Road Rehabilitation Project, Oroville, California June 2, 2023 Proposal for Geotechnical Engineering Services

after the AC and AB logging and sampling activities are completed. The backfill operations will use asphalt patch to cap each borehole to match the existing AC surface.

NV5’s field engineer/geologist will collect each core for further visual analysis. The core samples will be labeled and transported to the NV5 Chico laboratory for storage until final design is complete. Representative samples of the pavement subgrade soils also will be collected from the boreholes. The pavement subgrade samples will be placed in labeled bags and taken to our Chico laboratory for selection of samples for laboratory testing.

2.1.3 Laboratory Testing
NV5 will perform laboratory tests on selected soil samples to determine their engineering material properties. All laboratory tests will be performed consistent with the guidelines of the ASTM International (ASTM). The ASTM soil characterization tests may include:
• D2487 & D2488, Unified Soil Classification System, Description Visual Method • D422, Particle Size Distribution, Sieve and Hydrometer Analysis • D2844 Resistance Value (R-value)
• D4318 Atterberg Plasticity Indices
If soil is encountered with a high potential for volume change (i.e., expansion or consolidation), then NV5 may recommend additional laboratory testing to evaluate expansion or consolidation impacts and provide appropriate recommendations on the proposed earthwork and structural improvements. Additional testing may include ASTM D2435 one-dimensional consolidation and ASTM D4546 one-dimensional swell. The costs to perform these additional tests are not included in the fee estimate presented herein. NV5 will not perform these additional tests without written authorization to proceed and a budget augmentation to cover the cost of performing these additional laboratory tests.

2.2 TASK 2 DATA ANALYSIS AND ENGINEERING DESIGN
NV5 will use the state-of-the-practice geological and geotechnical engineering analyses methods to evaluate the on-site soil properties. These analyses methods may include but will not be limited to the following:

2.2.1 Data Analysis Methods
• Soil and rock stratigraphy.
• Soil bearing capacity for shallow and/or deep foundations. • Lateral earth pressures.
• Soil-Concrete friction coefficients.
• Soil shear strength.
• Soil plasticity indices.
• Soil expansion potential.
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Proposal No. PC23.123 City of Oroville – Norton Street Road Rehabilitation Project, Oroville, California June 2, 2023 Proposal for Geotechnical Engineering Services

• Soil corrosion potential.
• Groundwater seepage and drainage controls
NV5 will develop geotechnical engineering design recommendations for earthwork and structural improvements and provide applicable recommendations. The geotechnical engineering design recommendations may include but not be limited to the following:

2.2.2 Earthwork Improvement Recommendations
• Site clearing and soil subgrade preparation.
• Exclusion of oversize fill soil materials.
• Fill moisture conditioning and compaction requirements. • Fill soil loose lift (layer) thickness requirements.
• Utility trench backfill material placement and compaction requirements. • Surface water drainage.
• Temporary construction de-watering methods.
• Subdrain systems (if necessary).

2.2.3 Structural Improvements
• Pavement design using asphalt concrete paving.

2.3 TASK 3 REPORT PREPARATION
NV5 will prepare a geotechnical engineering investigation report that will present our findings. The geotechnical engineering investigation report will meet the requirements of the 2022 CBC, and the accepted geotechnical engineering principles and practices performed in northern California. The report will include descriptions of the site conditions, field investigation, laboratory testing and geotechnical engineering design recommendations for the proposed earthwork and structural improvements. NV5 will deliver the final report as an electronic Portable Document Format (PDF) for distribution to the design team and building officials. The report will be signed and stamped by a responsible California professional engineer (PE) in responsible charge of this project.

2.4 TASK 4 FINAL DESIGN PLAN REVIEW (BUDGET TO BE DETERMINED) NV5 will review the final earthwork grading and improvement plans and project specifications prior to commencement of construction to determine whether our geotechnical engineering recommendations have been implemented, and if necessary, to provide additional and/or modified recommendations. The cost associated with performing final plan review is not included herein. NV5 can prepare a contract cost amendment to include these services once the need and required effort are determined. 161
Item 11.

Proposal No. PC23.123 City of Oroville – Norton Street Road Rehabilitation Project, Oroville, California June 2, 2023 Proposal for Geotechnical Engineering Services

2.5 TASK 5 CONSTRUCTION QUALITY ASSURANCE TESTING AND INSPECITON SERVICES (SCOPE AND BUDGET TO BE DETERMINED)
NV5 proposes to perform construction quality assurance (CQA) monitoring of the earthwork grading performed by the construction contractor. As part of our CQA services, NV5’s engineer will oversee and certify the earthwork grading in accordance with the plans, specifications and recommendations provided in the geotechnical engineering investigation report. The cost associated with performing CQA services are not included herein. NV5 can prepare a contract cost amendment to include these services following approval of the final plans and specifications and selection of a construction contractor.

3.0 SCHEDULE
NV5’s proposed work schedule is based on our present and expected workload. NV5 is prepared to commence work on this project following receipt of a signed contract and notice to proceed. The site investigation will be executed within two weeks following receipt of the notice to proceed, utility locator clearance, exploratory equipment availability, weather, and site access. NV5 can provide verbal preliminary design recommendations immediately following the site investigation based on the field investigation data; however, the final recommendations will be developed from both the field and laboratory data. Therefore, the final recommendations will govern the design. NV5 estimates that the final report can be completed within 3 weeks following completion of the site investigation.

The time required to complete our geotechnical investigation field work may be increased as a result of encountering unforeseen subsurface conditions, adverse weather conditions, soil stability, property access problems, or scheduling of exploratory equipment.

4.0 COST ESTIMATE
NV5 proposes to perform the geotechnical engineering services proposed in Tasks 1 through 3 above for a lump sum fee of $6,885.00, in accordance with the attached contract agreement terms and conditions. Full payment is due upon completion of the work and issuance of the report. Terms of payment are net 30 days.

This cost estimate may require modification if unusual or unexpected site conditions are encountered which significantly change the work scope and increase the associated costs, or if the client requests an expansion of the work scope. NV5 will not perform additional work outside the scope of services presented above until a written authorization to proceed and an approved budget augmentation are received.

5.0 CONTRACT AGREEMENT FORM
Please sign the attached Agreement for Construction Quality Assurance and Geotechnical Services to indicate your acceptance of this proposed work scope, schedule and fee estimate. Your signature indicates that you accept the terms and conditions of this contract agreement and is a written authorization for us to proceed with the work scope presented in this proposal. Please email the signed agreement to Dominic Potestio at [email protected], or deliver a copy to our office. Upon its receipt, NV5 will sign and issue the fully-executed contract agreement.
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Proposal No. PC23.123 City of Oroville – Norton Street Road Rehabilitation Project, Oroville, California June 2, 2023 Proposal for Geotechnical Engineering Services

6.0 CLOSING
NV5 appreciates the opportunity to provide you with a proposal on this important project. If you have questions or comments, please do not hesitate to contact the undersigned at (530) 894-2487.

Sincerely,
NV5
Santiago Carrillo, EIT Dominic J. Potestio, PE
Staff Engineer Senior Engineer
Attachments:

1. NV5 Agreement for Construction Quality Assurance and Geotechnical Services 163
Item 11.

Copyright © 2022 NV5 – General Terms and Conditions CQA (Rev. 1-2022)

AGREEMENT FOR

CONSTRUCTION QUALITY ASSURANCE AND GEOTECHNICAL SERVICES THIS AGREEMENT, effective as of this day of 2023, is by and between Rolls, Anderson & Rolls (“Client”) and NV5, Inc (“Company”).

THE PROJECT is generally described as: City of Oroville - Norton Street Road Rehabilitation Project and is located at Norton Street, Oroville, Butte County, California (“Project Site”).

THIS AGREEMENT consists of the following documents which are incorporated herein by reference:
• GENERAL TERMS AND CONDITIONS; and
• Company’s PROPOSAL PC23.123 dated June 2, 2023 and FEE SCHEDULE; and • Any documents specifically listed below or incorporated by reference in the listed documents.

N/A
N/A
N/A
Company agrees to perform the Services set forth in this Agreement and in accordance with its terms and limitations, including all attachments incorporated herein by reference. This Agreement may not be modified or altered, except in writing as specifically described in this Agreement.

CLIENT: ENGINEER:

Signature:

Print Name: Shane D. Cummings
Title:

Director, Northern California
CQA
Company: NV5, Inc.

Street Address: 48 Bellarmine Court, Suite 40
City, State, Zip
Code: Chico, CA 95928
Email: [email protected]
Phone: 530.894.2487
Date:
164
Item 11.
2 Copyright © 2022 NV5 – General Terms and Conditions CQA (Rev. 1-2022)

GENERAL TERMS AND CONDITIONS

1. The Agreement. This Agreement between the parties, which shall describe and govern Client’s engagement of “Consultant” to provide services (“Services”) in connection with the project (“Project”) identified in the proposal (“Proposal”), consists of the Proposal, these terms and conditions, Consultant’s fee schedule, and any exhibits or attachments referenced in any of these documents. Together these elements constitute the entire agreement between the parties, superseding any and all prior negotiations, correspondence, or agreements, either written or oral, with respect to the subject matter of this engagement. This Agreement shall be interpreted as though prepared by all parties and shall not be construed unfavorably against either party.

Consultant requests written acceptance of the Agreement through its Proposal Acceptance Form, but the following actions shall also constitute Client’s acceptance of the Agreement: (1) issuing an authorizing purchase order for any of the Services; (2) authorizing Consultant’s presence on site; or (3) notification, written (including e-mail) or oral, to Consultant to proceed with any of the Services.

2. Standard of Care. The Services shall be performed in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions and in the same locality as the Project. Data, interpretations and recommendations by Consultant will be based solely on information discovered by, or made available to, consultant during the course of the engagement. In connection with such information, Consultant shall not be responsible for the use or interpretation of such information by non-parties to this Agreement. Consultant shall not be held liable for problems that may occur if Consultant’s recommendations are not followed.

3. Billing and Payment. Client shall pay Consultant in accordance with the schedule of fees or charges as shown in the Proposal or fee schedule.

Backup data on billing will not be available unless prior arrangements have been made. Prior to initiation of the Services, Client is required to remit any retainer specified in the Proposal. Thereafter, Consultant will submit to Client invoices for the balance due, which shall be due and payable immediately upon submission. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within ten (10) calendar days of the invoice date, identify the cause of disagreement, and immediately pay that portion of the invoice not in dispute. In the absence of written notification described above, the balance as stated on the invoice shall be deemed accepted. Invoices are delinquent if payment has not been received when due. In such event, Client shall pay an additional charge of one and one-half (1.5) percent per month (or the maximum percentage allowed by law, whichever is lower) on any delinquent amount. Payment thereafter will first be applied to accrued interest and then to the principal unpaid amount. Consultant shall be entitled to recover for all costs and expenses incurred (including any attorney’s fees) in connection with collection of any delinquent amount.

Consultant reserves the right to withhold all reports or deliverables and suspend any and all servicesunless and until payment is made by Client in accordance with this Agreement. Fee schedules are periodically revised. Unless otherwise agreed, new rates apply to ongoing work as such rates are issued.

4. Site Access and Conditions. Client will provide Consultant access to the Project site for all equipment and personnel necessary for the performance of the Services. As required to effectuate such access, Client will notify all owners, lessees, contractors, subcontractors, and other possessors of the Project site that Consultant must be allowed free access to the site. While Consultant agrees to take reasonable precautions to minimize damage to the site, Client understands that, in the normal course of performing the Services, some damage may occur, and further understands that Consultant is not responsible for the correction of any such damage unless so specified in the Proposal. Client is responsible for the accuracy of locations for all subterranean structures and utilities. Consultant will take reasonable precautions to avoid known subterranean structures and utilities, and Client waives any claim against Consultant, and agrees to defend, indemnify, and hold Consultant harmless from any claim or liability for injury or loss of any party, including costs of defense, arising from damage done to subterranean structures and utilities not identified or accurately located. In addition, Client agrees to compensate Consultant for any time spent or expenses incurred by Consultant in defense of any such claim with compensation to be based upon Consultant’s prevailing fee schedule and expense reimbursement policy.

5. Cooperation and Project Understanding. To the extent requested by Consultant, Client will make available to Consultant all information in its possession regarding existing and proposed conditions at the site. Such information shall include, but not be limited to engineering reports, plot plans, topographic surveys, hydrographic data, soil data including borings, field and laboratory tests and written reports. Client shall immediately transmit to Consultant any new information concerning site condition which becomes available, and any change in plans or specifications concerning the Project to the extent such information may affect Consultant’s performance of the Services. Client agrees, upon 24 hours oral or written notice, to provide a representative at the job site to supervise and coordinate the Services. Consultant shall not be liable for any inaccurate or incorrect advice, judgment or decision which is based on any inaccurate information furnished by Client and Client shall indemnify Consultant against claims, demands, or liability arising out of, or contributed to, by such inaccurate information.

6. Sample Disposal. Unless other arrangements are made, Consultant will dispose of all samples remaining at the time of report completion. Further storage or transfer of samples can be arranged at Client’s prior written request, subject to a reasonable charge by Consultant. Client acknowledges that contaminated samples may be produced as a result of encountering hazardous materials at the site. In such event, Consultant shall properly contain, label, and store such materials on-site, and Client shall be responsible for its proper transportation and disposal. Consultant may be able to arrange for the transportation and disposal of hazardous materials at Client’s request.

7. Construction Monitoring. If Consultant is engaged by Client to provide a site representative for the purpose of monitoring specific portions of any construction work, as set forth in the Proposal, then this Section 7 shall apply. If Consultant’s engagement does not include such construction monitoring, then this Section shall be null and void. In connection with construction monitoring, Consultant will report observations and professional opinions to Client. Consultant shall report to Client any observed work which, in Consultant’s opinion, does not conform to plans and specifications. Consultant shall have no authority to reject or terminate the work of any agent or contractor of Client. No action, statements, or communications of Consultant, or Consultant’s site representative, can be construed as modifying any agreement between Client and others. Consultant’s presence on the Project site in no way guarantees the completion or quality of the performance of the work of any party retained by Client to provide construction related services. Neither the professional activities of Consultant, nor the presence of Consultant or its employees, representatives, or subcontractors on the Project Site, shall be construed to impose upon Consultant any responsibility for methods of work performance, superintendence, sequencing of construction, or safety conditions at the Project site. Client acknowledges that Client its general contractor or construction manager is solely responsible for job site safety, and warrants and agrees that such responsibility shall be made evident in any Project owner’s agreement with the general contractor. Client also agrees to 165
Item 11.
3 Copyright © 2022 NV5 – General Terms and Conditions CQA (Rev. 1-2022) make Consultant an additional insured under any general contractor’s general liability insurance policy. Prior to the commencement of the Work, Client shall provide Consultant with a certificate of insurance evidencing the required insurance. Such certificates shall be issued by an insurance carrier(s) acceptable to Consultant and shall be endorsed to include: (1) Consultant as additional insured; and (2) a waiver of subrogation as to Consultant. This insurance shall be primary to any insurance available to Consultant. In the event Consultant expressly assumes any health and safety responsibilities for hazardous materials or other items specified in this Agreement, the acceptance of such responsibility does not and shall not be deemed an acceptance of responsibility for any other health and safety requirements, such as, but not limited to, those relating to excavation, trenching, drilling or backfilling.

8. Project Changes. In the event Client, the Project owner, or other party makes any changes in the plans and specifications, Client agrees to hold Consultant harmless from any liability arising out of such changes, and Client assumes full responsibility unless Client has given Consultant prior notice and has received Consultant’s written consent for such changes.

9. Discovery of Unanticipated Hazardous Materials. Client warrants that it has made reasonable efforts to inform Consultant of known or suspected hazardous materials on or near the Project site. The parties acknowledge that hazardous materials may exist at a site where there is no reason to believe they are present. Consultant and Client agree that the discovery of such unanticipated hazardous materials constitutes a changed condition which may require either a re-negotiation of the scope of Consultant’s Services or termination of such Services or this Agreement. Consultant agrees to notify Client as soon as practicable should hazardous materials be encountered at the site. Client agrees that in the event of the discovery of hazardous materials at the site it will report such discovery to the proper authorities as required by Federal, State, and local regulations. Client agrees to make the required report at the recommendation of Consultant, or, if unable to do so, authorizes Consultant to make such report. Client also agrees to inform the Project site owner in the event that hazardous materials are encountered at the site. Notwithstanding any other provision of this Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law, agrees to defend, indemnify, and save Consultant harmless from any claim, liability and/or defense costs for injury or loss arising from the presence of hazardous materials on the project site, including any costs created by delay of the project and any costs associated with possible reduction of the property’s value. Client is responsible for ultimate disposal of any samples secured by Consultant which are found to be contaminated.

10. Concealed or Subsurface Conditions. Consultant cannot know or guarantee the exact composition of a structure or site’s concealed or subsurface condition, even after conducting a comprehensive exploratory program. Client acknowledges that there is a risk that exploratory destructive testing, drilling and sampling may result in damage or contamination of certain areas. Although Consultant will take reasonable precautions to avoid such an occurrence, Client waives any claim against, and agrees to defend, indemnify and save Consultant harmless from any claim or liability for injury or loss which may arise as a result of any exploratory activities. Client also agrees to adequately compensate Consultant for any time spent and expenses incurred in defense of any such claim.

11. Risk Allocation and Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the Consultant, and its officers, directors, partners, employees, agents and sub-consultants, and any of them, to the Client and anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Project or the agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of the Consultant, and its officers, directors, employees, agents or sub-consultants, or any of them, shall not exceed the total compensation received by the Consultant, for Services provided under this Agreement or $50,000 whichever is more. Client agrees that Consultant shall not be responsible for the means, methods, procedures performance, site safety of the construction contractors or subcontractors, or for their errors or omissions. Client agrees that the work created pursuant to this Agreement is for the sole and exclusive use of Client and is not for the benefit of any third parties. This Agreement and the Services to be performed hereunder shall in no way be construed as a guarantee of deficient-free construction.

12. Limitations. Consultant’s reports are prepared for Client and their client, and are not transferrable or assignable. The provisions of Consultant’s reports does not imply that we are providing expert testimony for any litigation including answering interrogatories, answering questions in depositions, attending depositions, preparing exhibits for trial, providing expert testimony, or other litigation related services unless otherwise expressly stated in our service agreement. Consultant’s reports shall not guarantee in any way the viability or safety of any structure, does not relieve the property owner of the responsibility for making repairs to the property, nor does Consultant’s report relieve the property owner of the responsibility for ensuring that their building meets all applicable building codes or laws.

13. Delays. Consultant shall not be liable to Client for delays. Client shall indemnify, defend, and hold harmless Consultant from any actions or claims arising from delays.

14. Termination. This Agreement may be terminated without cause by either party upon thirty (30) days written notice, and at any time by either party if the other party defaults in the performance of any material provision of this Agreement and such default continues for a period of seven (7) days after written notice thereof. In the event of termination, Consultant will be paid for services performed through the date of termination, plus reasonable termination expenses, including the cost of completing analyses, demobilization, records and reports necessary to document job status at the time of termination.

15. Intellectual Property & Work Product. (i) All processes, procedures, work product, materials, methodologies or services used or provided by CONSULTANT in connection with this Project was, shall remain, or will always be, the intellectual property of CONSULTANT. Nothing in this Agreement shall operate as a waiver of ownership or a sale of ownership of any CONSULTANT intellectual property. (ii) Client represents and warrants that Client owns and/or has the right to use the intellectual property that is contained in any instrument, report, media, drawing, design, submittal, or document that Client provides to CONSULTANT in connection with the Project, and that said Client-provided document does not and shall not infringe, misappropriate, or violate the intellectual property rights of any third-parties (iii) All documents including reports, electronic media, and drawings, prepared or furnished by CONSULTANT and its subconsultants pursuant to this Agreement are instruments of service in respect of this Project and CONSULTANT will retain an ownership and property interest therein whether or not the Project is completed. The Client may make and retain copies of such documents for information and reference in connection with the Project; however, such documents are not intended or represented to be suitable for reuse by the Client, including extensions of the Project or on any other project, nor are they to be relied upon by anyone other than the Client.

Accordingly, the Client will, to its fullest extent permitted by law, defend, indemnify and hold harmless CONSULTANT from and against any and all costs, expenses, fees, losses, claims, demands, liabilities, suits, actions and damages whatsoever arising out of or resulting from any unauthorized reuse 166
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4 Copyright © 2022 NV5 – General Terms and Conditions CQA (Rev. 1-2022) of the documents or disbursement by Client to third parties. If it is necessary to distribute any documents to an unrelated third party, both the third party and Client agree: (a) the third party is bound by all of the conditions and limitations of this Agreement and related documents; and (b) the third party is bound by all limitations of liability or indemnity provisions..

16. Resolution of Disputes. The Client shall make no claim for professional negligence, either directly or by way of a cross complaint against the Consultant, unless the Client has first provided the Consultant with a written certification executed by an independent consultant currently practicing in the same discipline as the Consultant and licensed in the same State. This certification shall: (a) contain the name and license number of the certifier; (b) specify the acts or omissions that the certifier contends are not in conformance with the standard of care for a consultant performing professional services under similar circumstances; and (c) state in detail the basis for the certifier’s opinion that such acts or omissions do not conform to the standard of care.

All claims, disputes, controversies or matters in question arising out of, or relating to, this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, (collectively “Disputes”) shall be submitted to mediation before and as a condition precedent to pursuing any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, Client and Consultant shall select a neutral mediator by mutual agreement. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by Client and Consultant within ten (10) calendar days, a mediator shall be chosen as specified in the Mediation Rules of the American Arbitration Association then in effect, or any other appropriate rules upon which the parties may agree. Any cause of action brought against Consultant shall be brought within one year of the work or services performed under this Agreement.

17. Assigns. Client may not assign this Agreement or any right or obligation hereunder without the prior written consent of Consultant, which shall not be unreasonably withheld or delayed; provided, however, that no consent shall be necessary in the event of an assignment to a successor entity resulting from a merger, acquisition or consolidation by either party or an assignment to an Affiliate of either party if such successor or Affiliate assumes all obligations under this Agreement.

18. Waiver of Jury Trial. Each party waives its right to a jury trial in any court action arising between the parties, whether under this Agreement or otherwise related to the work being performed under this Agreement.

19. Liability for Others. Consultant shall not be responsible for the acts or omissions of the Client, architect, architect’s other consultants, contractor, subcontractor, other third parties or their respective agents, employees, assigns, successors, or other persons performing any of the work. Consultant shall promptly notify Client if Consultant becomes aware of any inconsistencies in the services or information provided by other parties.

20. Governing Law and Survival. The validity of this Agreement, these terms, their interpretation and performance shall be governed by the laws of the State in which the Project is located. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired. Limitations of liability, indemnification, and non-solicitation & hiring of employees shall survive the termination of this Agreement for any reason. The failure of a party hereto at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same. No waiver by a party of any condition or of any breach of any term contained in this Agreement shall be effective unless in writing and signed by the waiving party, and no waiver in any one or more instances shall be deemed to be a continuing waiver of any such condition or breach in other instance or a waiver of any other condition or breach of any other term.

21. Waiver. No waiver by a party of any condition or of any breach of any term contained in this Agreement shall be effective unless in writing and signed by the waiving party, and no waiver in any one or more instances shall be deemed to be a continuing waiver of any such condition or breach in other instance or a waiver of any other condition or breach of any other term.

22. Enforceability. This Agreement shall be interpreted by the parties in a manner that ensures this Agreement’s compliance with applicable local, state, federal, or foreign laws. The parties affirm that this Agreement is a collaborative effort between Client and Consultant, with no single party considered the drafter of this Agreement or having the drafting of this document construed against them.

23. Severability. Should a court find one of the provisions of this Agreement unenforceable, the remaining provisions of this Agreement shall remain in full force and affect.

24. Insurance. Consultant shall not (1) post a bond, (2) insure, or (3) indemnify Client against losses caused from the acts or omissions of other Contractors or Subcontractors that are not under contract to perform work for Consultant. Client shall require other Contractors and Subcontractors to carry adequate insurance coverage, including such coverage for any performance for Client, to insure and indemnify Consultant against claims for damages, and to insure compliance with Project requirements, including work performance and materials.

25. Entire Agreement. This Agreement represents the entire agreement between the parties. No other prior written or oral representations, negotiations, or discussions are part of this agreement. To the extent allowed by law, any agreement that is a part of the scope of Consultant services and incorporated by reference into this agreement shall be subordinated to the terms and conditions of this agreement where they conflict. 167
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115 YELLOWSTONE DRIVE  CHICO, CALIFORNIA 95973-5811  TELEPHONE 530-895-1422  www.rarcivil.com T:\Data\PROMO\Oroville On-Call Civil\Freitas-071423.Docx July 14, 2023
Mr. Josh Freitas
Assistant Civil Engineer
City of Oroville
[email protected]
SUBJECT: CITY OF OROVILLE – ROAD PAVEMENT REHABILITION PROJECTS GEORGIA PACIFIC WAY, OROVILLE DAM BLVD. EAST, NORTON STREET PROPOSAL FOR PROFESSIONAL SERVICES – REVISION #1

Dear Josh:

Based on the information that you emailed us and our subsequent discussion, we propose to provide you the following professional services:

Task 1 - would involve sending letters to Cal Water, PG&E, Comcast and AT&T requesting utility markings within the three project areas.

Task 2 - would involve requesting right-of-way mapping and dedication documents from the City of Oroville, researching recorded maps and deed documents and compiling information for monument searching for the three project areas.

Task 3 - would involve establishing horizontal and vertical control throughout the three project sites based on State Plane Coordinates and City of Oroville datum.

Task 4 - would involve performing a field search for property corner monuments adjacent to the three project sites and surveying found monuments.

Task 5 - would involve coordination with the drone aerial topography consultant regarding survey control, scheduling and project deliverables.

Task A - would involve utilizing a drone to obtain aerial topographic data and orthographic aerial images within the Georgia Pacific Way right-of-way. All work would be performed by a sub-consultant.

Task B - would involve utilizing a drone to obtain an aerial topographic data and orthographic aerial images within the Oroville Dam Boulevard East right-of-way. All work would be performed by a sub-consultant.

Task 6 - would involve performing a supplemental ground topographic survey along Georgia Pacific Way that would be used in conjunction with the drone aerial topographic survey (by others).

Work would include locating curb ramps and flowline and top of roadside ditches. Locations to be surveyed would include the northeast corner at the intersection of South 7th Avenue, four curb ramps at both driveways to 650 Georgia Pacific Way and the northeast corner at the intersection of South 5th Avenue for curb ramps and the entire project area for roadside ditches.

Task 7 - would involve performing a supplemental ground topographic survey along Oroville Dam Boulevard East that would be used in conjunction with the drone aerial topographic survey (by others). Work would include locating curb ramps. Locations to be surveyed would include the northerly and easterly corners at the intersection of Olive Highway, westerly and northerly corners at the intersection to The Courtyard Apartments (2720 Oro-Dam Blvd.) including the area with no sidewalk, the northeasterly and southeasterly corners at the intersection of Gilmore Lane, all four returns at the intersection of Bridge Street and the northeasterly and southeasterly corners at the intersection of Stanford Avenue. 168
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July 14, 2023
Mr. Josh Freitas