Oroville City Council
May 21, 2024

May 21, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
May 21, 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 May 21, 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. Conference with Legal Counsel – Existing Litigation (§ 54956.9) Case Name(s) Unspecified: Disclosure would jeopardize existing settlement negotiations

2. Conference with Legal Counsel – Significant exposure to litigation pursuant to § 54956.9(b): (2 Cases)

3. Conference with Labor Negotiators (Gov. C. §54957.6) Agency designated representatives: Brian Ring, City Administrator; David Ritchie, Asst. City Attorney; Elizabeth Ehrenstrom, HR Manager
Unrepresented Employees: Department Heads

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Proclamation Recognizing Public Works Week, May 19-25, 2024 The City Council will consider adopting a resolution in recognition of Public Works Week, held May 19-25 2024.

RECOMMENDATION -
ADOPT RESOLUTION NO. 9250 AND AUTHORIZE THE MAYOR TO SIGN.

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

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports
2 May 21, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 7

CONSENT CALENDAR
Consent calendar items 1 - 5 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION RESOLUTIONS The City Council is requested to adopt the resolutions necessary for the City’s municipal election to be called and consolidated with the 2024 General Statewide Election that is conducted by Butte County Elections Department.

RECOMMENDATION -
Adopt Resolution No. 9253 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY

OF BUTTE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE Adopt Resolution No. 9255 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024
Adopt Resolution No. 9254 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE

PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL

LAW CITIES

2. PAVEMENT REHABILITATION LIST FOR SUBMITTAL TO CALIFORNIA

TRANSPORTATION COMMISSION (CTC) FOR FUNDING COMPLIANCE
The Council may consider adopting the attached resolution and authorize the City Engineer and Financial Director to submit a list of prioritized roads and streets for rehabilitation to the CTC for compliance with CTC guidelines. The CTC requires the submittal for the City to be eligible for additional funding under Senate Bill 1 (SB 1) and Assembly Bill 135 (AB 135).

RECOMMENDATION -
ADOPT RESOLUTION NO. 9251 - A RESOLUTION of the city council of the city of Oroville Adopting a list of projects for Fiscal Year 2024-25 funded by SB 1: The Road Repair and Accountability Act of 2017
3 May 21, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 7

3. AWARD OF PROFESSIONAL SERVICES AGREEMENT TO HARRIS & ASSOCIATES FOR

DEVELOPMENT OF THE PAVEMENT MANGAGEMENT SYSTEM
The Council may direct staff to award a professional services agreement to Harris & Associates for a City-wide roadway study and the development of a Pavement Management System.

RECOMMENDATION -

DIRECT THE CITY ADMINISTRATOR TO PROCEED WITH THE ISSUING OF PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES.

4. PENSION FUNDING POLICY UPDATE
Staff recommends the City Council approve and review the City’s Pension Funding Policy.

RECOMMENDATION –
ADOPT THE POLICY TO WITH AN EFFECTIVE DATE OF 5/21/24.

5. APPROVAL OF THE MAY 7, 2024 CITY COUNCIL REGULAR MEETING MINUTES The Council will consider the drafted May 7, 2024 City Council Regular Meeting Minutes for approval.

RECOMMENDATION -
APPROVE MAY 7, 2024 CITY COUNCIL REGULAR MEETING MINUTES AND AUTHORIZE THE MAYOR TO SIGN.

REGULAR BUSINESS

6. ANNUAL USE OF “MILITARY EQUIPMENT” AS DEFINED IN THE OROVILLE MUNICIPAL CODE
In accordance with Ordinance No. 1865, the Oroville Police Department shall annually submit a Military Equipment Report. This report shall be submitted and publicly released, and within 30 days hold at least one well-publicized and conveniently located meeting, where the public can ask questions.

RECOMMENDATION -
RECEIVE PUBLIC INPUT AND APPROVE REPORT.
4 May 21, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 7

7. EDWARDS MINI STORAGE PROJECT AT 2560 FEATHER RIVER BOULEVARD, ZONING AMENDMENT ZC 24-01 – ESTABLISHMENT OF A MINI-STORAGE OVERLAY (MS-O)

DISTRICT
The Council will review and consider approving Zoning Code Amendment ZC 24-01 for the establishment of a Mini-Storage Overlay (MS-O) District for the property located at 2560 Feather River Boulevard.

RECOMMENDATION(S) -

ADOPT THE NOTICE OF EXEMPTION AS THE APPROPRIATE LEVEL OF ENVIRONMENTAL REVIEW FOR THIS PROJECT.

WAIVE THE FIRST READING AND INTRODUCE BY TITLE ONLY, ORDINANCE NO. 1898 --

AN ORDINANCE OF THE CITY OF OROVILLE CITY COUNCIL APPROVING ZONING CODE AMENDMENT ZC 24-01 ESTABLISHING A MINI-STORAGE OVERLAY (MS-O) DISTRICT ON APPROXIMATELY 3.46 ACRES OF LAND LOCATED AT 2560 FEATHER RIVER BOULEVARD.

8. FUND BALANCE POLICY AMENDMENTS
Staff recommends the City Council approve the recommended amendments to the City’s Fund Balance Policy.

RECOMMENDATION –
ADOPT THE AMENDMENTS TO THE CITY’S FUND BALANCE POLICY.

PUBLIC HEARINGS
The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing and staff will present the item and answer Council questions.
- The hearing is opened for public comment limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit request 24 hours before the meeting.
- Individuals may email comments for council consideration to [email protected]
5 May 21, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

9. P5:15PM - PUBLIC HEARING - CONTINUED FROM MARCH 19, 2024 - FEATHER RIVER

RECREATION AND PARK DISTRICT NEXUS FEE STUDY AND PROPOSED FEE

INCREASES
The Council shall resume 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.

RECOMMENDATION -
CONDUCT PUBLIC HEARING AND TAKE NO ACTION ON THIS TOPIC.

10. 5:20PM – 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 again 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.

RECOMMENDATION -

APPROVE THE SECOND READING WITH REVISIONS 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.

11. 5:20PM – PUBLIC HEARING - SECOND READING OF ZONING CHANGE (ZC) 24- 03, AMENDING MUNICIPAL CODE SECTIONS 17.16.150, 17.32.010, 17.34.020, AND 17.36.010

REGARDING MOBILE FOOD VENDORS
The Council will consider adopting Zoning Change ZC 24-03, establishing regulations and standards for mobile food vendor villages and updating regulations for individual food vendors (OMC 17.16.015 et al.)

RECOMMENDATION -
APPROVE THE SECOND READING AND INTRODUCE BY TITLE ONLY, ORDINANCE 9215 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.16.150, 17.32.010, 17.34.020, AND 17.36.010 OF THE OROVILLE MUNICIPAL

CODE REGARDING MOBILE FOOD VENDING
6 May 21, 2024~4:00 PM Oroville City Council Meeting Agenda Page 7 of 7

12. 5:25PM - CALIFORNIA WATER SERVICE FLUORIDATION
The Council will consider whether California Water Service (CalWater) should continue to be required to add fluoride to drinking water that is provided to its customers residing within the City of Oroville.

RECOMMENDATION

RECEIVE PUBLIC INPUT ON THE FLUORIDATION OF DRINKING WATER PROVIDED BY CALWATER; AND
PROVIDE ANY DIRECTION TO STAFF.

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

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. Oroville Police Department Monthly Report
ii. Arbor Day Foundation Names Oroville Ca 2023 Tree City USA Press Release

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on June 4, 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 City of Oroville Resolution No. 9252
Proclamation Recognizing Public Works Week, May 19-25, 2024 Whereas, the City of Oroville recognizes the vital role that Public Works professionals play in maintaining our community's infrastructure and quality of life; and Whereas, the week of May 19-25, 2024, has been designated as National Public Works Week by the American Public Works Association, with the theme "Advancing Quality of Life for All"; and Whereas, the dedicated men and women of our Public Works Department work tirelessly yearround to design, build, operate, and maintain the essential infrastructure and services that our residents rely on daily; and
Whereas, Public Works professionals contribute to the safety, health, and well-being of our community by ensuring efficient roadways, waste water systems, safe buildings, and sustainable environmental practices; and
Whereas, their commitment to excellence, professionalism, and innovation is instrumental in enhancing the quality of life for all residents and visitors of Oroville; Now, therefore the City Council of the City of Oroville, California, does hereby proclaim May 19- 25, 2024, as Public Works Week in the City of Oroville and we urge all citizens to join me in expressing gratitude and appreciation to our Public Works employees for their dedication, hard work, and contributions to our community.

PASSED AND ADOPTED by the Council of the City of Oroville, this 21st day of May, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

________________________________
David Pittman, Mayor
Approved as to form:
______________________________ Attest:

Scott Huber, City Attorney
_________________________________
Kayla Reaster, Assistant City
Clerk
8 Item 1.
1 06.07.2022

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: JACKIE GLOVER, ASSISTANT CITY CLERK
RE: NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

RESOLUTIONS
DATE: May 21, 2024

SUMMARY
The City Council is requested to adopt the resolutions necessary for the City’s municipal election to be called and consolidated with the 2024 General Statewide Election that is conducted by Butte County Elections Department.

DISCUSSION
The General Municipal Election for the City of Oroville is to be held in consolidation with the General Statewide Election on November 5, 2024, for the election of three (3) Members of the City Council to districts C, D, and E for the full term of four (4) years, pursuant to the provisions of the Oroville Municipal Charter, Article VII, section 1 and Oroville Municipal Code Chapter 2.08 related to elections. Terms of office will expire for the positions currently held by the following individuals: Council Member Krysi Riggs, Scott Thomson, and Janet Goodson.

Call & Consolidation
It is required that the City Clerk officially set the election date and request the Board of Supervisors to issue instructions to the Butte County Election Department regarding consolidation with the Statewide General Election and to authorize certain procedures for the conduct of said election.

Notice of Election
The Notice of Election must be published not earlier than the 127th day (July 1) and not later than the 113th day (July 15) before the municipal election. The Notice of Election must contain the date of the election, the offices for which candidates may file, the qualifications required, the candidate filing period (July 15 th – August 9th), and where the
candidate shall file their nomination papers. It also must also contain notification of any ballot measures, a synopsis of the measure, and the deadline set for arguments, if the measure is placed on the ballot before the Notice of Election is published. 9 Item 1.
2 06.07.2022
Candidate Statement
A candidate may file a Candidate Statement of Qualifications to be printed in the sample ballot, not to exceed 200 words. A local agency may estimate the total cost of printing the statement and require each candidate filing a statement to pay in advance their estimated pro rate share as a condition of having a statement included in the voter’s pamphlet.

The cost of the candidate statements is estimated based upon information from the Butte County Elections Department which oversees the typesetting of the voter pamphlet. The cost for a candidate statement for the 2022 General Municipal Election has been set at $300 per candidate statement.

FISCAL IMPACT
TBD.

RECOMMENDATIONS

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

THE CITY OF OROVILLE, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF BUTTE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE

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

THE CITY OF OROVILLE, CALIFORNIA, CALLING AND GIVING NOTICE OF

THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF

CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS

OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL

LAW CITIES

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

THE CITY OF OROVILLE, CALIFORNIA, ADOPTING REGULATIONS FOR

CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE

STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION.

ATTACHMENTS – Three Resolutions
10 Item 1.

RESOLUTION NO. 9253

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

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF BUTTE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403

OF THE ELECTIONS CODE
======================================================================== WHEREAS, the City Council of the City of Oroville called a General Municipal Election to be held on November 5, 2024, for the purpose of election of three (3) members of the City Council (one each from Districts C; D and E) and the City Treasurer; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places, and elections officers of the two elections be the same, and that the county election department of the County of Butte canvass the returns of the General Municipal Election and that the election be held in all respects as if it were only one election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That, pursuant to the provisions of §10403 of the Elections Code, the Butte County Board of Supervisors is hereby requested to consent and agree to the consolidation of a General Municipal Election with a Statewide General Election on Tuesday, November 5, 2024, for the purpose of election of three (3) Members of the City Council (one each from Districts C; D and E) and to elect a City Treasurer to fill the remaining two years of a four-year term.

SECTION 2. That the County election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if it were only one election, and only one form of the ballot shall be used. The election will be held and conducted in accordance with the provisions of the laws regulating the statewide or special election.

SECTION 3. That the Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. That the City of Oroville recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs upon presentation to the City of a properly approved invoice.

SECTION 5. That the City Clerk is directed to forward without delay to the Board of Supervisors and the County Registrar of Voters' offices a certified copy of this resolution.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Dated: May 21, 2024
======================================================================== 11 Item 1.

I hereby certify that Resolution No. 9253 was passed and adopted by the City Council of the City of Oroville in a regular meeting held May 21, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED AS TO FORM:

Scott E. Huber, City Attorney
___________________________
David Pittman, Mayor
ATTEST:

Kayla Reaster, Assistant City Clerk
12 Item 1.

RESOLUTION NO. 9255

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

CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES’ STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024 ======================================================================== WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OROVILLE,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Oroville on November 5, 2024, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Butte. The County is required to translate candidates’ statements into Spanish.

B. The County will print and mail voter information guides and candidates’ statements to all voters in English and Spanish. The County will make the voter information guides and candidates’ statements in the required languages available at all polling places, on the County’s website, and in the Election Official’s office.

SECTION 3. PAYMENT.

A. Translations:

1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and/or State law.

2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) and (B) of Section 2 above, pursuant to Federal and/or State law, but is requested as an option by the candidate.

B. Printing and mailing:
13 Item 1.

1. The candidate shall be required to pay for the cost of printing and mailing the candidate’s statement in English in the voters’ pamphlet.

2. The candidate shall be required to pay for the cost of printing and mailing the candidate’s statement in a foreign language required in (A) of Section 2 above in the voters’ pamphlet.

The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters’ pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred.

In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 60 days of receiving the invoice from the Butte County County Registrar of Voters.

SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 5. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nominating petitions are issued.

SECTION 6. That this resolution shall apply only to the election to be held on November 5, 2024, and shall then be repealed.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Dated: May 21, 2024
======================================================================== I hereby certify that Resolution No. 9255 was passed and adopted by the City Council of the City of Oroville in a regular meeting held May 21, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
14 Item 1.

APPROVED AS TO FORM:

Scott E. Huber, City Attorney
___________________________
David Pittman, Mayor
ATTEST:

Kayla Reaster, Assistant City Clerk

15 Item 1.

RESOLUTION NO. 9254

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE

HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF

CERTAIN OFFICERS OF THE CITY AS REQUIRED BY THE PROVISIONS

OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL

LAW CITIES
======================================================================== WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a General Municipal Election shall be held on Tuesday, November 5, 2024, for the election of municipal officers in Districts C; D; E and City Treasurer.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OROVILLE,

CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That, pursuant to the requirements of the laws of the State of California relating to General Law Cities within said State, there is called and ordered to be held in the City of Oroville, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing the qualified three (3) members of the City Council (one each from Districts C; D and E) of said City for the full term of four years, and of electing the City Treasurer to fill the remaining 2 years of a 4-year term.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk of the City of Oroville is authorized, instructed, and directed to coordinate with the County of Butte Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at seven o’clock a.m. of the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code §10242, except as provided in §14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

Dated: May 21 2024
======================================================================== I hereby certify that Resolution No. 9254 was passed and adopted by the City Council of the City of Oroville in a regular meeting held May 21, 2024 by the following vote:

AYES:
16 Item 1.

NOES:

ABSENT:

ABSTAIN:

APPROVED AS TO FORM:

Scott E. Huber, City Attorney
___________________________
David Pittman, Mayor
ATTEST:

Kayla Reaster, Assistant City Clerk
17 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: JOSH FREITAS, ASSISTANT ENGINEER, PUBLIC WORKS

DEPARTMENT
RE: PAVEMENT REHABILITATION LIST FOR SUBMITTAL TO CALIFORNIA

TRANSPORTATION COMMISSION (CTC) FOR FUNDING COMPLIANCE
DATE: MAY 21, 2024

SUMMARY
The Council may consider adopting the attached resolution and authorize the City Engineer and Financial Director to submit a list of prioritized roads and streets for rehabilitation to the CTC for compliance with CTC guidelines. The CTC requires the submittal for the City to be eligible for additional funding under Senate Bill 1 (SB 1) and Assembly Bill 135 (AB 135).

DISCUSSION
The Road Repair and Accountability Act of 2017 (SB1 Beall) includes a substantial boost in Local Streets and Roads Funding over the Highway Users Tax Account allocations that cities and counties have been receiving. The Act establishes a new Road Maintenance and Rehabilitation Account (RMRA) in the state treasury and allocates amounts to cities and counties from that account based on statutory formulas.

The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new roads funds do not supplant existing levels of city and county general revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that a city or county must maintain general fund spending for street, road, and highway purposes at no less than average of 2009– 10, 2010–11, and 2011–12 years. In making this calculation certain one-time funds may be excluded. A city or county that fails to comply in a particular year may make it up with in additional expenditures in the following year.

The Act provides that the State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that a city or county has not met it’s MOE, the agency will be required to reimburse the state for the funds it received during that fiscal year. However, a city or county that fails to comply in a particular fiscal 18 Item 2.

year may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance.

In order to maintain compliance with state requirements and assure that the City of Oroville continues to receive its share of funding, City Staff must submit our prioritized list of roads and streets for rehabilitation and repair. The CTC does not “approve” or “deny” project lists, they simply gather the cities’ project lists into a state database for transparency and accountability purposes.

FISCAL IMPACT
Project Design, Construction, and Construction Management is funded by RMRA Funds from SB-1. Adoption of resolution will have no immediate impact to the City’s local transportation fund or general fund. However, submittal of list to CTC will assure future allocations of funding from the State to the City for road repair and rehabilitation.

RECOMMENDATION
Adopt Resolution No. 9251 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

ATTACHMENTS
A – Resolution incorporating the 2024-2025 Projects List into the City Budget utilizing SB-1 Funds
19 Item 2.

CITY OF OROVILLE
RESOLUTION NO. 9251
CITY OF OROVILLE RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $510,081.00 in RMRA funding in Fiscal Year 2024- 25 from SB 1; and
WHEREAS, this is the 8th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has developed this project list using various input channels which include but are not limited to public comments and City staff recommendations.

WHEREAS, the City determined the projects on this SB 1 project list to be of the highest priority to ensure revenues are being used to benefit the communities transportation infrastructure where it is needed most.

WHEREAS, the funding from SB 1 will help the City of Oroville maintain and rehabilitate various streets/roads, and add active transportation infrastructure throughout the City this year; and WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in ”good” condition; however, internal assessment finds the City’s streets and roads to be in an “at-risk/poor” condition, and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
20 Item 2.

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of Oroville, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues:

Oro Quincy Highway Pavement Rehabilitation Project
 Design and Construction of multi-layer cape seal treatment.  Oro Quincy Highway from Foothill Blvd to Sierra Monte Dr.  Design to start Summer 2024 and finish Winter 2024. Construction to start Spring 2025 and finish Summer 2025.
 Estimated useful life is 10 years.

Nelson Avenue Pavement Rehabilitation Project
 Design and Construction of multi-layer cape seal treatment.  Nelson Avenue from 6th Street to City limits.
 Design to start Winter 2024 and finish Summer 2025. Construction to start Spring 2026 and finish Summer 2026.
 Estimated useful life is 10 years.

Table Mountain Complete Streets Project.
 Design and construction of curb, gutter, sidewalks, pedestrian crossings, landscape medians, reconstruction of 1.3 miles of pavement, striping, class 1 pedestrian/ bike path, ADA curb ramp compliance, and storm drain improvements.  Table Mountain Boulevard from Montgomery Street Roundabout to County Center Drive.
 Design to Start Spring 2025 and finish Spring 2027. Construction to Start Fall 2027 and finish fall 2028.
 Estimated useful life is 20 years.
21 Item 2.

3. The following previously proposed and adopted projects may also utilize Fiscal Year 2024-25 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Oroville is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

SR-162 ATP Pedestrian Mobility and Safety Improvement Project.  Construction of curb, gutters, sidewalks, pedestrian crossings, median curb, HAWK pedestrian signal, buffered bike lanes, striping, pedestrian pathway to Feather River Trail and bring existing curb ramps to ADA compliance. This project is partially funded by a Federal ATP Grant (Cycle 3).
 SR-162 (Oro Dam Boulevard) from SB70 off ramp to Foothill Boulevard and Orange Avenue.
 Construction started Spring 2024 and will finish fall 2024.  Estimated useful life: 15 years.

Oro Dam Boulevard East Rehabilitation Project.
 Design and construction which will result in rehabilitation of 3800 linear feet of roadway, Installation of new ADA curb ramps, existing curb ramps to ADA compliance, striping of roadway, crosswalks, and bike lanes.
 Oro Dam Boulevard East from SR-162/Washington Ave to Orange Avenue.  Design started Spring 2024 and will finish Fall 2025. Construction to start Spring 2026 and finish Fall 2026.
 Estimated useful life: 15 years.

Georgia Pacific Way Pavement Rehabilitation Project.
 Design and Construction which will result in rehabilitation of approximately one mile of roadway, bringing existing curb ramps to ADA compliance, rehabilitation of rail crossings, and striping.
 Georgia Pacific Way from Feather River Boulevard to Baggett Marysville Road.  Design started Spring 2024 and will finish Fall 2025. Construction to start Spring 2026 and finish Fall 2026.
 Estimated useful life: 20 years.

Norton Street Reconstruction Project.
 Design and Construction which will result in reconstruction of 700 feet of roadway, ADA curb ramps, drainage improvements, sidewalks, and on-street parking.  Norton Street from Bridge Street to Montgomery Street.  Design to start Spring 2024 and finish Fall 2025. Construction to begin Summer 2026 and finish Fall 2026.
 Estimated useful life: 20 years
22 Item 2.

Ophir Road Pavement Rehabilitation Project
 Design and Construction which will result in pavement rehabilitation of roadway surface and striping.
 Ophir Road from the Baggett Marysville Road to Kusel Road.  Design started October 2022 and is estimated to be finished Spring 2024. Construction to begin Summer 2025 and finish Fall 2025.
 Estimated useful life 20 years.

Washington Avenue Rehabilitation Project.
 Design and Construction which will result in pavement rehabilitation of 3400 feet of roadway, bring existing curb ramps to ADA compliance, drainage improvements, striping, bike lanes.
 Washington Avenue from SR-162/Oro Dam Boulevard to the Railroad Crossing bridge on Washington Avenue.
 Design started summer 2022 and is estimated to finish fall 2025. Construction to begin Spring 2027 and finish Fall 2027.
 Estimated useful life: 15 years.

Montgomery Roundabout Rehabilitation Project
 Design and Construction which will result in rehabilitation of pavement surface, striping, installation of pedestrian crossing beacons, and aesthetics repair.  Roundabout at the intersection of Table Mountain Boulevard, Washington Avenue, and Montgomery Street.
 Design started Summer 2022 and is estimated to finish summer 2024. Construction to start Summer 2024 and finish Fall 2024
 Estimated useful life: 15 years.

Linden Avenue Rehabilitation Project
 Design and Construction which will result in pavement rehabilitation of 400 feet of roadway, striping, ADA curb ramp compliance, drainage improvements, road widening to meet fire code, curb, gutter, and on street parking.  Linden Avenue from Orange Avenue to Montgomery Street.  Design started Summer 2022 and is estimated to finish Spring 2024. Construction to start Summer 2024 and finish Fall 2024.
 Estimated useful life: 20 years.
23 Item 2.

South 5
th Avenue Rehabilitation Project
 Design and Construction which will result in pavement rehabilitation of 2500 feet of roadway, striping, ADA curb ramps, bike lanes, and drainage improvements.  South 5th Avenue from Oro Dam Boulevard/SR-162 to Cal Oaks Road.  Design started Spring 2023 and finish Fall 2024. Construction to start Spring 2025 and finish Fall 2025.
 Estimated useful life: 20 years.

Lower Wyandotte Road Rehabilitation Project
 Design and Construction which will result in pavement rehabilitation of 4700 feet of roadway, striping, ADA curb ramp compliance, and drainage improvements.  Lower Wyandotte Road from V7 Road to Wyandotte Avenue.  Design started Spring 2023 and finish Summer 2024. Construction to Summer 2026 and finish Winter 2026.
 Estimated useful life: 20 years.

Historic Downtown Oroville Slurry Project
 Design and Construction which will result in crack filling, pothole repair, small location pavement replacement and slurry seal.
 Downtown Oroville from Lincoln Street to Oliver Street and Safford Street to Mitchell Avenue.
 Design started Summer 2023 and will finish Spring 2024. Construction to Start Summer 2024 and finish Fall 2024.
 Estimated useful life: 15 years.

Oro Dam Boulevard East Slope Repair and Striping Project  Design and Construction which will result in striping, and slope repair.  Oro Dam Boulevard East from Acacia to 500ft East of Pine Oaks Road.  Design started Summer 2022 to finish Fall 2025. Construction to start Spring 2026 and finish Summer 2026.
 Estimated useful life: Striping 10 years, Slope repair 30 years.

Nelson Avenue Pavement Reconstruction Project
 Design and Construction which will result in pavement reconstruction of 2 intersections, ADA curb ramp compliance, striping, and pedestrian crosswalks.  Nelson Avenue from 3rd Street to 4th Street.
 Design started Spring 2022 and finished Fall 2023. Construction to start Spring 2024 and finish Fall 2024.
 Estimated useful life: 20 years.
24 Item 2.

PASSED AND ADOPTED by the City Council of the City of Oroville, State of California this 21 day of May, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVE:
________________________________ ________________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor APPROVED AS TO FORM:
_____________________________________
Scott Huber, City Attorney
25 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JOSHUA FREITAS, ASSISTANT ENGINEER
RE: AWARD OF PROFESSIONAL SERVICES AGREEMENT TO HARRIS &

ASSOCIATES FOR DEVELOPMENT OF THE PAVEMENT

MANGAGEMENT SYSTEM
DATE: MAY 21, 2024

SUMMARY
The Council may direct staff to award a professional services agreement to Harris & Associates for a City-wide roadway study and the development of a Pavement Management System.

DISCUSSION
On February 27, 2024, City staff initiated a Request for Proposal (RFP) for a comprehensive City-wide roadway study, aimed at inspecting and grading the condition of our city’s roadway infrastructure and establishing a Pavement Management System. This system is designed to enable staff to effectively allocate road funds based on objective findings of current road conditions and utilization. The bidding period concluded on March 29, 2024, resulting in the submission of two (2) proposals: one from Harris & Associates based in Concord, California, and the other from Decision Optimization Technology (DOT) – US L.P. headquartered in Springfield, Illinois.

The proposal from Harris & Associates entails a higher upfront cost of $83,613.00, it features a lower yearly subscription cost of $2,000.00. In contrast, the DOT proposal presents a lower upfront cost of $37,300.00 but carries a higher yearly subscription cost of $12,000.00.

Additionally, Harris & Associates possess extensive local experience working with local agencies throughout the northern California region.

FISCAL IMPACT
The funds in the amount of $83,613.00 for the City-wide pavement study and Pavement Management System will come from Measure U funds. The annual subscription fee of $2,000.00 starting after one year will come from Measure U fund. 26 Item 3.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to proceed with the issuing of Professional services agreement with Harris & Associates.

ATTACHMENTS
Harris and Associate Proposal
Professional Services Agreement
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CITY OF OROVILLE

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

ADMINISTRATIVE SERVICES
RE: PENSION FUNDING POLICY UPDATE
DATE: MAY 21, 2024

SUMMARY
Staff recommends the City Council review and approve the City’s Pension Funding Policy.

DISCUSSION
The City’s Pension Funding Policy was created on 10/19/21. The reason for creating the policy was part of the requirements for obtaining our Pension Obligation Bond. It was one of the required policies.

There are no recommended updates to this policy, but it was outlined in the policy to review every couple of years. Administration has reviewed the policy and has no recommended changes at this time.

FISCAL IMPACT
Policy review, no fiscal impact.

RECOMMENDATION
Adopt the policy to make the effective date 5/21/24.

ATTACHMENTS
A. Pension Funding Policy
57 Item 4.

PENSION FUNDING POLICY
City of Oroville
Finance Department
Effective Date: 10/19/21 5/21/24
Last revision date: New10/19/21
A. Purpose
The City’s Pension Funding Policy documents the method the City will use to determine its actuarially determined contributions to fund the long-term cost of benefits to the plan participants and annuitants. The policy also:
 Provides guidance in making annual budget decisions.
 Demonstrates prudent financial management practices.
 Creates sustainable and affordable budgets for pensions.  Reassures bond rating agencies; and
 Shows employees and the public how pensions will be funded.

B. Policy Scope
This policy sets forth the parameters to establish and maintain a systematic method for addressing the City’s pension obligations.

C. Background
The City provides defined benefit retirement benefits through the California Public Employees' Retirement System (CaIPERS). CaIPERS is a multipleemployer public employee defined benefit pension plan. 58 Item 4.

All full-time and certain part-time City employees are eligible to participate in CaIPERS. CaIPERS provides retirement and disability benefits, annual cost of living adjustments and death benefits to plan members and their beneficiaries. CaIPERS acts as a common investment and administrative agent for participating public entities within the State of California. Benefit provisions and all other requirements are established by state statute.

The financial objective of a defined benefit pension plan is to fund the longterm cost of benefits provided to the plan participants. In order to assure that the plan is financially sustainable, the plan should accumulate adequate resources in a systematic and disciplined manner over the active service life of benefitting employees. This funding policy outlines the method the City will utilize to determine its actuarially determined contributions to fund the long-term cost of benefits to the plan participants and annuitants.

Pension Funding: A Guide for Elected Officials, issued by eleven national groups including the U.S. Conference of Mayors, the International City/County Management Association, and the Government Finance Officers Association, established the following five general policy objectives for a pension funding policy:
 Actuarially Determined Contributions. A pension funding plan should be based upon an actuarially determined contribution (ADC) that incorporates both the cost of benefits in the current year and the amortization of the plan's unfunded actuarial accrued liability.  Funding Discipline. A commitment to make timely, actuarially determined contributions to the retirement system is needed to ensure that sufficient assets are available for all current and future retirees.  Intergenerational equity. Annual contributions should be reasonably related to the expected and actual cost of each year of service so that the cost of employee benefits is paid by the generation of taxpayers who receive services from those employees.
59 Item 4.
 Contributions as a stable percentage of payroll. Contributions should be managed so that employer costs remain consistent as a percentage of payroll over time.
 Accountability and transparency. Clear reporting of pension funding should include an assessment of whether, how, and when the plan sponsor will ensure sufficient assets are available for all current and future retirees.

D. Policy
A. Actuarially Determined Contribution (ADC)
CalPERS actuaries will determine the City's ADC to CaIPERS based on annual actuarial valuations. The ADC will include the normal cost for current service and amortization of any under-funded amount. The cost will be calculated using the entry age normal cost method using economic and non-economic assumptions approved by the CaIPERS Board of Administration.

The City will review the CaIPERS annual actuarial valuations to validate the completeness and accuracy of the member census data and the reasonableness of the actuarial assumptions.

B. Additional Discretionary Payment (ADP) Contribution
The City will consider making ADP contributions with one-time General Fund (and other funds where appropriate) resources, with the objectives of increasing the plan's funded status, by reducing the unfunded actuarially accrued liability, and reducing ongoing pension costs.

C. Pension Obligations Bonds
The City will consider pension obligation bonds if:
60 Item 4.
 Such bonds have expected savings using borrowing costs and CaIPERS' discount rate.
 At the time of issuance, pension bond proceeds plus existing assets at CaIPERS and at the City's pension stabilization trust cannot exceed pension liabilities.

The City and its advisors will discuss and consider the risks of any potential pension obligation bonds.

Any pension obligation bonds, or refunding’s of pension obligation bonds, must be voted upon by the City Council.

Savings realized from the issuance of pension bonds will be deposited into the City’s Pension Stabilization Fund account on an annual basis.

D. Pension Stabilization Trust
The City established a formal Pension Stabilization Trust on September 5, 2017. Any funds placed into a Pension Stabilization Trust may be used towards any CalPERS retirement related cost in accordance with Trust provisions.

E. Contributions as a Manageable Budget Expense
The City will always make its required annual contributions to CaIPERS.

Contributions should be stable and a manageable portion of revenue.

The City may:
 Make additional discretionary contributions directly to CaIPERS;  Make discretionary contributions to a pension stabilization trust;  Make discretionary withdrawals from a pension stabilization trust to make payments to CaIPERS; and
 Issue, call, or refund pension obligation bonds.
61 Item 4.
 Required annual payment to CalPERS shall be made at the beginning of each fiscal year as cash flows allow, to realize interest savings vs making the payments monthly.

F. Transparency and Reporting
Funding of the City's pension plans should be transparent to vested parties including plan participants, annuitants, the City Council, and residents. In order to achieve this transparency, the following information shall be available:
 Copies of the annual actuarial valuations for the City's CaIPERS plans are posted on the City’s website.
 The City's Comprehensive Annual Financial Report shall be published on its website. This report includes information on the City's annual contributions to the pension systems and their funded status.  The City's annual operating budget shall include the City's contributions to CaIPERS.
 The City’s uses a transparency portal to make financial records available to the public.

G. Review of Funding Policy
Funding a defined benefit pension plan requires a long-term horizon. As such, the City will review this policy at least every two years to determine if changes to this policy are needed to ensure adequate resources are being accumulated.
62 Item 4.

May 07, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
May 07, 2024

REGULAR MEETING

MINUTES

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

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

1. Public Employee Appointment (Gov. C. § 54957)
Title: Assistant Director – Public Works

2. Conference with Labor Negotiators (Gov. C. §54957.6) Agency designated representatives: Brian Ring, City Administrator; David Ritchie, Asst. City Attorney; Elizabeth Ehrenstrom, HR Manager
Unrepresented employee: All Unrepresented Department Heads (Contracted)

3. Public Employee Discipline/Dismissal Release (Gov. C. § 54957)

OPEN SESSION

1. Announcement from Closed Session – No reportable action taken.

2. Pledge of Allegiance – Led by Vice Mayor Smith

3. Adoption of Agenda:

Correction to Item 5 (Public Hearing) : Year mentioned in the Public Hearing notice should read 2022/2023 not 2023/2024.

Motioned by: Council Member Goodson Seconded by Vice Mayor Smith Ayes: Council Member(s) Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None
Abstained: None

Absent: None
63 Item 5.

May 07, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

PRESENTATIONS AND PROCLAMATIONS

1. PRESENTATION OF DIGITAL BUDGET BOOK
The Council may received a demo of a new Digital Budget Book from the Director of Finance, Ruth Duncan. The presentation was accepted 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.

Speaker #1: Bill Speer
Speaker #2: The CameraMan
Speaker #3: Kelvin Elisary
Speaker #4: Michael Hunt

REPORTS / DISCUSSIONS

1. Council Announcements and Reports
Mayor Pittman – Thanked fellow Council Members for their attendance at the State of the City on April 30, 2024.

Vice Mayor Smith – Thanked agencies that helped with the Feather Fiesta Day activities this year. Provided clarification that the City of Oroville is not involved in the “say so” of the festivities and whether they occur or not.

Council Member Webber – Reported that Saturday May 11th is when the Fly In event will be occurring at the Oroville Airport. It’s happening from 8AM-3PM.

2. Administration Reports
Fred Mayo, Director of Public Works – Provided City Council with an update on the various Public Works departments. Spoke on the new Corp Yard located off Cal Oak Road – reports that everything is progressing nicely. Lastly, he spoke on the lighting of the Liberty Pole.

Ron Belser, Code Enforcement Manager – Provided the City Council with an update in regards to April 2024 statistics.

Ruth Duncan, Director of Finance – Welcomed new Finance Tech Jodi Hartley to the team.

Brian Ring, City Administrator – Reminded the public there will be a Public Hearing on the next agenda regarding Cal Water and the fluoride levels in our water. 64 Item 5.

May 07, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

CONSENT CALENDAR
Consent Calendar items 1 - 3 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

Motioned by: Council Member Riggs Seconded by: Council Member Johnstone Ayes: Council Member(s) Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None
Abstained: None

Absent: None

1. SECOND READING OF ORDINANCE 1879 AMENDING THE SECTION 15.60.030 REINSTATING THE MUNICIPAL FIRE CODE AND SECTION 15.60.040 AS AMENDMENTS

TO THE CALIFORNIA BUILDING STANDARDS CODE
THE COUNCIL ADOPTED ORDINANCE NO. 1879 AMENDING TITLE 15, DIVISION I OF THE OROVILLE MUNICIPAL CODE REINSTATING THE SECTION 15.60.030 CITY OF OROVILLE MUNICIPAL FIRE, AND SECTION 15.60.040 EXPRESS FINDINGS.

2. FORECLOSURE OF 1805 FEATHER AVENUE
THE COUNCIL ADOPTED RESOLUTION NO. 9249 - A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, AUTHORIZING AND DIRECTING THE

MAYOR AND/OR CITY ADMINISTRATOR TO EXECUTE ALL DOCUMENTS AND ANY

AMENDMENTS THERETO NECESSARY TO INITIATE AND COMPLETE FORECLOSURE PROCEEDINGS ON REAL PROPERTY LOCATED AT 1805 FEATHER AVE., OROVILLE (APN 030-490-015)

3. MINUTES FOR APPROVAL
THE CITY COUNCIL APPROVED MINUTES FROM FEBRUARY, MARCH, AND APRIL 2024 REGULAR CITY COUNCIL MEETINGS AND AUTHORIZED THE MAYOR TO SIGN. 65 Item 5.

May 07, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

REGULAR BUSINESS

4. TASK ORDER 2 ADDENDUM 1; CONSTRUCTION MANAGEMENT AND MATERIAL

TESTING SERVICES FOR NELSON AVE INTERSECTION
Fred Mayo, Director of Public Works presented this item to the Council.

THE CITY COUNCILDIRECTED THE CITY ADMINISTRATOR TO PROCEED WITH AMENDING TASK ORDER 2 WITH NORTHSTAR TO INCLUDE CONSTRUCTION MANAGEMENT AND MATERIAL TESTING SERVICES.

Motioned by: Council Member Thomson Seconded by: Vice Mayor Smith Ayes: Council Member(s) Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None
Abstained: None

Absent: None

PUBLIC HEARINGS

5. 5:15PM – PUBLIC HEARING - APPROPRIATIONS LIMIT
This item was heard at 5:29PM. Ruth Duncan, Director of Finance presented this item to Council.

The Council will conducted a public hearing and may consider the adoption of the fiscal year 2022-23 Appropriations Limit as restated and adopted RESOLUTION NO. 9250- A RESOLUTION

OF THE OROVILLE CITY COUNCIL SETTING THE APPROPRIATIONS LIMIT (PROPOSITION 4) FOR FISCAL YEAR 2022-23.

Motioned by: Council Member Riggs Seconded by: Council Member Goodson Ayes: Council Member(s) Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None
Abstained: None

Absent: None
66 Item 5.

May 07, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

6. 5:30PM – PUBLIC HEARING - CLOSEOUT OF COMMUNITY DEVELOPMENT GRANTS

AND PROJECT UPDATES
This item was heard at 5:31PM. Amy Bergstrand, Director Of Business Assistance And Housing Development presented this item to the Council.

THE COUNCIL CONDUCTED A PUBLIC HEARING AND AUTHORIZED THE CLOSEOUT OF COMMUNITY DEVELOPMENT BLOCK GRANT NO. 20-CDBG-12017, 20-CDBG-12018, 20- CDBG-12046, 20-CDBG-12066, 21-CDBG-PI-00009 AND 21-CDBG-PI-00010.

Motioned by: Council Member Goodson Seconded by: Council Member Johnstone Ayes: Council Member(s) Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None
Abstained: None

Absent: None
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.

Speaker #1: Bryan Williams
Speaker #2: Bobby O.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items – Light the Bridge Project (via Webber, Goodson, and Thomson)

2. Correspondence
i. American Flair at Sliver Dollar Fair- 05.23-05.27
ii. PG&E Rate Increase Notification
iii. Palermo Elementary - 14 day Notice of Proposal Implement Developer Fees iv. Fire Department Monthly Report - April 2024
v. Annual Use Of “Military Equipment” As Defined In The Oroville Municipal Code

ADJOURN THE MEETING
The meeting was adjourned at 7:05PM.
________________________________ ___________________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 67 Item 5.
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: ANNUAL USE OF “MILITARY EQUIPMENT” AS DEFINED IN THE

OROVILLE MUNICIPAL CODE
DATE: MAY 21, 2024

SUMMARY
In accordance with Ordinance No. 1865, the Oroville Police Department shall annually submit a Military Equipment Report. This report shall be submitted and publicly released, and within 30 days hold at least one well-publicized and conveniently located meeting, where the public can ask questions.

DISCUSSION
In early 2022, the City of Oroville adopted an ordinance and policy which allowed the Oroville Police Department (OPD) to use “military equipment” as defined in Government Code sections 7070 through 7075. These sections of the Government Code also require a public agency that utilizes “military equipment” to provide an annual report on the ownership and use of such equipment.

Items deemed to be “military equipment” by Government Code sections 7070 through 7075 are used as a component of overall best practices for Law Enforcement Agencies (LEAs) throughout the country. These tools have been tested in the field, and are used by LEAs to enhance citizen and officer safety. Loss of these items would jeopardize the welfare of citizens and peace officers within the Oroville Police Department.

The term “military equipment” in fact does not necessarily indicate equipment that has been used by the military. Pursuant to Government Code sections 7070 through 7075, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs.
75 Item 6.

The Oroville Police Department is committed to using the most up to date tools and equipment to safeguard the citizens of the City of Oroville. Some of the items deemed to be “military equipment” by Government Code sections 7070 through 7075 are utilized by OPD, and LEAs across the country, in order to specifically reduce risk to community members. These items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter. The items listed in the Military Equipment Use Policy, also provide OPD’s peace officers with vital tools that facilitate compliance with its stringent use of force policy.

An annual report is required pursuant to Government Code sections 7070 through 7075. The report is required to include the following items:

1. A summary of how the Military Equipment was used and the purpose of its use.

2. A summary of any complaints or concerns received concerning the Military Equipment.

3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.

4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.

5. The quantity possessed for each type of Military Equipment.

6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.

FISCAL IMPACT:

None

RECOMMENDATION
Receive public input and approve report

ATTACHMENTS
Annual report of Military Equipment use
76 Item 6.

CITY OF OROVILLE

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

KRISTINA HEREDIA, ASSOCIATE PLANNER
RE: EDWARDS MINI STORAGE PROJECT AT 2560 FEATHER RIVER
BOULEVARD, ZONING AMENDMENT ZC 24-01 – ESTABLISHMENT OF A MINI-STORAGE OVERLAY (MS-O) DISTRICT.

DATE: MAY 21, 2024

SUMMARY
The Council will review and consider approving Zoning Code Amendment ZC 24-01 for the establishment of a Mini-Storage Overlay (MS-O) District for the property located at 2560 Feather River Boulevard.

DISCUSSION
The applicant proposes a new mini-storage facility with 212 storage units on the rear 1.7-acre portion of a 3.46 multi-tenant commercial property (APN 035-330-013) on the west side of Feather River Boulevard. The project is zoned Intensive Commercial (C-2).

Planning Commission Summary
The Planning Commission at its April 25, 2024, meeting considered the project, the required actions, and the project conditions, and recommended City Council approval of the MS-O district by a vote of 5 in favor, and 2 absent. The Planning Commission also approved two additional permits for this mini-storage facility – a use permit and a variance:

Use Permit UP24-03 pertains to a Mini-Storage Facility in a Highly Visible Area; a requirement of an MS-O district. OMC 17.44.060.E states that any property that is within 600 feet of SR70, and/or abuts Feather River Boulevard, is Highly Visible, and requires not only the creation of a MS-O district, but also a use permit (OMC 17.44.060.F.1.a). The subject property is adjacent to both Feather River Boulevard and SR-70. However, as this development will occur to the rear of the property, and there is existing vegetation in the Caltrans right-of-way, staff does not anticipate this development having a negative visual impact on the surrounding area.

Variance VAR24-03 was approved for zero off-street parking and for six (6) storage units over 400 square feet in size. Off-street parking will not be necessary as the proposed project will operate with a fully automated security system and will have no employees, and the oversized units are mainly designed for enclosed RV storage.
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Required Council approval:

A. Creation of a Mini-Storage Overlay (MS-O) To permit this location to be developed with a mini-storage facility. The MS-O must be approved by the Council via an ordinance.

The intent of a MS-O district is to minimize the potential adverse impacts that mini-storage facilities may have on other types of commercial development.

Pursuant to OMC 17.44.060.D, the following information shall be reviewed by the City Council prior to the creation of an MS-O district:
 There are currently 10 mini-storage facilities in operation within Oroville City limits.  Ordinance No. 1706 (2004) established the MS-O district for new mini-storage projects.
 There is currently only one MS-O district within City limits. Security 1st Storage, located at 60 E Grand Avenue had their MS-O approved via Ordinance No. 1711 (2004).
 It appears no new storage facilities have been proposed since 2004.

ENVIRONMENTAL
The Class 32 “Infill Development” Categorical Exemption (15332.a-e) exempts the construction of infill development from CEQA review, provided that the development is consistent with the zoning and General Plan designations, occurs within city limits, is served by public utilities, and doesn’t result in significant effects relating to traffic, noise, air quality No. Business Name Address Business
License No.

Total Number of
Units
1 Extra Self Storage 3160 Olive
Highway
10000750 697
2 Oro Dam Mini Storage 2755 Oro Dam Blvd
E
10001676 80
3 I-Storage Oroville 2750 S 5th Ave 10001713 649
4 I-Storage Thermalito 2160 4th Ave 10002232 489
5 Best Self Storage and RV 3005 Feather River
Blvd
10002265 501
6 Oroville Self Storage 2730 Feather River
Blvd
10002580 150
7 Garden Drive Mini
Storage
595 Garden Drive 10003224 198
8 Huntington’s Mini Storage 2551 Huntington
Lane
HUN0002 60
9 Security 1st Storage 60 E Grand Avenue 10001540 305
10 Keg Room Storage 3035 Oro Dam Blvd
E
Expired 20±
Total number of existing storage units: 3,149
11 Edwards Mini Storage 2560 Feather
River Blvd
N/A 212
Total number of proposed storage units: 3,361
78 Item 7.

and water quality. Staff feels that this project, as conditioned, meets the requirements of this categorical exemption.

FISCAL IMPACT
None. The project is subject to all customary fees.

RECOMMENDATIONS

1. Adopt the Notice of Exemption as the appropriate level of environmental review for this project.

2. Waive the first reading and introduce by title only, Ordinance No. XXXX -- AN

ORDINANCE OF THE CITY OF OROVILLE CITY COUNCIL APPROVING ZONING CODE AMENDMENT ZC 24-01 ESTABLISHING A MINI-STORAGE OVERLAY (MS-O) DISTRICT ON APPROXIMATELY 3.46 ACRES OF LAND LOCATED AT 2560 FEATHER RIVER BOULEVARD.

ATTACHMENTS

1. Planning Commission Staff Report

2. Project Plans

3. Resolution P2024-05 approving UP24-03 and VAR24-03

4. Ordinance XXXX approving the MS-O District

5. CEQA Notice of Exemption
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Attachment 1
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1 City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2401 FAX (530) 538-2426
www.cityoforoville.org
PLANNING COMMISSION STAFF REPORT Thursday, April 25, 2024 RE: Use Permit UP24-03 for Edwards Self-storage at 2560 Feather River Blvd (APN 035- 330-013), including a Zone Change ZC24-01 to create a Mini-Storage Overlay, and a Variance VAR24-03 to permit six storage units over 400 square feet, and to have a reduction in the number of required off-street parking spaces.

SUMMARY: The Oroville Planning Commission shall review a use permit application for a 212- unit mini-storage facility at 2560 Feather River Boulevard on approximately 1.7 acres on the west/back of an existing 3.46 multi-tenant commercial parcel adjacent to State Route 70. The application also includes a zone change to create a Mini-Storage Overlay (MS-O) at this location, and a variance to have six oversized units and to exclude parking requirements.

RECOMMENDATION: Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed land use.

2. Adopt the Notice of Exemption as the appropriate level of environmental review for the project.

3. Recommend that the City Council approve Zone Change ZC 24-01 to create a Mini Storage Overlay Zone on APN 035-330-013.

4. Approve Use Permit UP24-03 with the recommended findings and proposed conditions.

5. Approve Variance VAR24-03 with the recommended findings and proposed conditions.

6. Adopt Resolution No. P2024-05
APPLICANTS: Tyler Edwards, Feather River Investments, LLC.

LOCATION:
2560 Feather River Boulevard
Oroville, CA 95965
GENERAL PLAN: Retail Business Services
(RBS)
ZONING: Intensive Commercial (C-2)
FLOOD ZONE: X
ENVIRONMENTAL DETERMINATION: Categorically Exempt from CEQA as an Infill Development per Section 15332 of the California Code of Regulations.

Patrick Piatt
Director
81 Item 7.
2 SUMMARY FACT SHEET FOR Edwards Self-Storage
2560 Feather River Blvd (035-330-013)
Requested Action: Use Permit, Zone Change and Variance to create a Mini-Storage Overlay district.

Related Applications: None
Basis for Review: City Code §17.44.060
Existing Use: Proposed site is disturbed with former commercial storage.

Applicant: Tyler Edwards
Owner: Feather River Investments, LLC.

Location: APN 035-330-013
Parcel Size: 3.46 acre(s), use of only the west/back ~1.7 acres proposed.
% Lot Coverage: 0.4 FAR maximum, OK
Present General Plan/ Retail and Business Services (RBS) Zoning Designation: Intensive Commercial (C-2)
Surrounding Land Uses: North: NS Fit, Harbor Freight, Smart & Final, etc.

East: Feather River Blvd.

South: Tractor Supply (currently under construction)
West: State Route 70
PROJECT DESCRIPTION:

Edwards Self-Storage is a proposed self-storage facility comprised of 212 units to be developed on the western/back half of an existing 3.46-acre parcel -- behind Napa/Riebes Auto Parts and machine shop, and 4 other commercial spaces. Site access will be through the existing central driveway past the other businesses. Zoning is C-2, which allows mini-storage facilities subject to a site plan and the creation of a new Mini-Storage Overlay. However, OMC 17.44.060.F.1 requires a use permit for facilities located in a highly visible location, such as frontage along SR

70. REPORT PREPARED BY:
___________________________
Kristina Heredia, Planner
Community Development Department
REVIEWED BY:
___________________________
Patrick Piatt, Director
Community Development Director
82 Item 7.
3 DISCUSSION:

This is application for a new 212-unit self-storage facility with no planned office location or human presence. The applicant has stated that all access shall be automated. The project consists of 3 applications: a use permit, a zoning change, and a variance.

Due to the proximity of SR-70, the project is considered to be “highly visible,” prompting the necessity of a use permit. However, Staff feels that due to existing high vegetation and surrounding commercial uses, the proposed development is not conspicuous, and will have minimal impact regarding visibility.

All mini-storages facilities require the creation of a Mini Storage Overlay (MS-O) zone to minimize potential impacts these uses can have on other commercial uses. The applicant is proposing to place this facility on the vacant portion of an existing parcel with multiple commercial land uses.

Review of the proposed plans indicate that this facility will not adversely affect the surrounding uses, and that the proposed location is suitable for this type of development.

A variance is requested as part of this project to grant the applicant the ability to forgo off-street parking spaces, and to provide covered RV storage units for up to five vehicles. Also, due to the configuration of the lot, the applicant has proposed a corner storage unit that is slightly larger than permitted. Staff is in favor of granting the variance.

Trash Enclosure: Pursuant to OMC 17.12.110, a refuse collection area will need to be provided that is of adequate size to accommodate all required collection receptacles and waste generated by the development. Applicant proposed to utilize a common trash receptacle located outside the mini-storage fence.

Landscaping: OMC 17.12.050 requires a landscaping planting area along the front and side property lines, except where a driveway or pathway provides access to the site. Adequate landscaping shall be required adjacent to Feather River Blvd. Side property lines are impractical to landscape since they abut other commercial uses with no public visibility.

A landscape maintenance agreement, if not already in effect, shall be executed to ensure the installation and maintenance of the property’s landscaping.

Site Access and Parking: City code requires 1 space for each 3,000 square feet of gross floor area for mini storage. 13 new spaces are required, and the applicant has requested a variance for the off-street parking requirement.

Signs: Signage has not been submitted as part of this application. The applicant will need to submit separate sign application(s).

HVAC and Mechanical Equipment: All HVAC and other mechanical, electrical, and communications facilities must be screened from public view through architectural integration, fencing, landscaping, or combination thereof.
1% Art in Public Places: This project is subject to the Art in Public Places/Oroville Beautification requirement. The applicant shall install public art on the project site in a public place or pay the in-lieu fee equivalent to one percent (1%) of the estimated construction costs. The applicant has indicated that they will install their own artwork.

Environmental Determination: The Class 32 “Infill Development” Categorical Exemption 83 Item 7.
4 (15332.a-e) exempts the construction of infill development from CEQA review provided that the development is consistent with the zoning and General Plan designations, occurs within city limits, is served by public utilities, and doesn’t result in significant effects relating to traffic, noise, air quality and water quality. Staff feels that this project, as conditioned, meets the requirements of this categorical exemption.

Mini Storage Overlay (MS-O): In 2004, the City Council adopted Ordinance No. 1706, establishing additional regulations for mini-storage facilities in response to an increasing number of sites that would otherwise be appealing for active retail and service users being developed into passive mini-storage facilities. The ordinance created additional development standards and required a rezone establishing a Mini-Storage Overlay (MS-O) District on a site prior to development.

Pursuant to OMC 17.44.060.D, the following information shall be reviewed by the Planning Commission and City Council:

1. There are currently 11 mini storage facilities in operation within Oroville City limits. Out of those 11, only one has an MS-O district; Security 1st Storage, located at 60 E Grand Avenue.

Design Requirements in Highly Visible Areas: Pursuant to OMC 17.44.060.M, mini storage facilities designated as being in “highly visible areas” shall adhere to design requirements, “in order to achieve greater visual compatibility with the surrounding uses.”

1. The placement and height of buildings, walls and other structures along the perimeter of the site shall be varied to provide visual relief. The structures shall not project the image of a walled fortress.
a. Per the site plan, the proposed development will consist of 6 standalone structures with drive aisles between 23’-39’.4” feet wide. The northern and western property lines will have another 3 structures located on the property line to assist in securing the facility.
b. The applicant has proposed a 6’ tall wrought iron fence with automatic gate for No. Business Name Address Business
License No.

Total Number
of Units
1 Extra Self Storage 3160 Olive Highway 10000750 697
2 Oro Dam Mini
Storage
2755 Oro Dam Blvd E 10001676 80
3 I-Storage Oroville 2750 S 5th Ave 10001713 649
4 I-Storage Thermalito 2160 4th Ave 10002232 489
5 Best Self Storage
and RV
3005 Feather River Blvd 10002265 501
6 Oroville Self Storage 2730 Feather River Blvd 10002580 150 7 Garden Drive Mini
Storage
595 Garden Drive 10003224 198
8 Lincoln Storage 3022 Olive Highway 10003346 unknown
9 Huntington’s Mini
Storage
2551 Huntington Lane HUN0002 60
10 Security 1st Storage 60 E Grand Avenue 10001540 305
11 Keg Room Storage 3035 Oro Dam Blvd E Expired 20±
84 Item 7.
5 ingress/egress to the site. There are also 5 covered RV storage units that are located outside of the secured fence.

2. All building walls and perimeter fencing shall have a stucco or decorative masonry finish and shall include features that add dimension to an otherwise flat plane. a. The storage buildings are to be constructed with corrugated metal siding with contrasting roof, doors and building elevations. While there is no proposed decorative finishing, the site will be unobtrusive and not readily visible from either the street, nor the freeway.
b. The applicant has also proposed to install a 10’ tall, corrugated metal fence on the south property line that will match the storage units, creating a cohesive appearance. Therefore, Staff has determined that the proposed elevations are appropriate for the location.

3. In order to avoid the appearance of a site that is almost entirely covered by structures, the site design shall divide the massing of structures in a way that creates concentrated areas of open space between structures. a. The applicant has left wide drive aisles between the structures that will not only aid in vehicular movement but allows for adequate fire access and open space between the structures.

Required Findings for a Use Permit: Pursuant to OMC Section 17.48.010.4, the Planning Commission may grant a use permit only upon making all of the following findings, based on substantial evidence:
a. The granting of the permit will not be incompatible with or detrimental to the general health, safety or public welfare of the surrounding area or of the city as a whole.

1. The need for a use permit is based on the property being located in an area designated as “highly visible.” However, this development will be located in the rear of an existing commercial development and will have minimal visibility from Feather River Boulevard. There is also significant vegetation on the rear property line, which screens the facility from view off of SR-70. b. The proposed use follows sound principles of land use by having a suitable location relative to the community as a whole, as well as to transportation facilities, public services and other land uses in the vicinity.

1. The parcel has frontage on Feather River Boulevard and the facility will be developed in an underutilized portion of the property.
c. Public utilities and facilities, including streets and highways, water and sanitation, are adequate to serve the proposed use or will be made adequate prior to the establishment of the proposed use.

1. The applicant will work with the Public Works Department to ensure that adequate access and services are provided.
d. The location, size, design and operating characteristics of the proposed use will be harmonious and compatible with the surrounding neighborhood and will not adversely affect abutting properties.
85 Item 7.
6 1. The surrounding land uses includes an auto repair store and shop, and the new Tractor Supply is being constructed on the adjacent southern parcel. The majority of the surrounding structures are simple in nature, with minimalistic design. The proposed facility will be compatible with the surrounding neighborhood in both design and land use.
e. The subject site is physically suitable for the type and intensity of land use being proposed.

1. The applicant is proposing to utilize the undeveloped rear portion of his property for this project. As conditioned, the property is suitable for a mini storage facility. f. The size, intensity and location of the proposed use will provide services that are necessary or desirable for the neighborhood and community as a whole.

1. As conditioned, the use will provide a needed service to the community as a whole, offering a variety of storage sizes, and covered RV parking. g. The permit complies with all applicable laws and regulations, including the requirements of the general plan, of this title and of the city municipal code.

1. As conditioned, this project will comply will all applicable laws and regulations.

Required Findings for a Variance: Pursuant to OMC Section 17.48.080.C.3, the Planning Commission may grant a variance only upon making all of the following findings, based on substantial evidence:
a. The granting of the variance is not inconsistent with the general plan or any applicable specific plan.

1. The project site is zoned Intensive Commercial (C-2) and has a General Plan Land Use Designation of Retail Business Services (RBS).

2. The 2030 General Plan Land Use Policy 1.6 states “ensure all new development conforms to current land use and zoning designations.” The proposed site plan meets all required setbacks and design requirements per the zoning code.

3. Goal LU-1 of the General Plan reads, “provide for orderly, well-planned, and balanced growth consistent with the limits imposed by infrastructure and the City’s ability to assimilate new growth.” The applicant is proposing to use an underutilized portion of existing property to create a convenient development while also maintaining current street frontage in a highly visible area of the City. b. There are exceptional and extraordinary circumstances or conditions applying to the land, building or use referred to in the application that do not generally apply to other land, buildings or uses in the same district.

1. The applicant has requested six storage units to be greater than the permitted 400 square feet. One corner unit is proposed at 480 sf, due to the design of the development, a smaller unit would not fit in that area. Five units are proposed to be for covered RV storage, and they are 750 sf. There appears to be a general demand for covered RV storage, and this community need cannot be met at the 86 Item 7.
7 maximum 400 sf requirement.

2. Lastly, the applicant has requested not to have the 13 required off-street parking spaces. This facility will have no on-site caretaker, and access to the units will be through an electronic gate. There appears to be no need to provide parking at this location, as people who rent the storage facility can park their car adjacent to their storage unit when they are on site. Any parking by staff or maintenance personnel can use the aisles inside the facility or use the existing spaces just outside the entry gate.
c. The granting of the variance will not grant a special privilege to the property.

1. Due to the changing technology and business models of mini storage facilities, it would appear that the requested variances are aligned with current storage needs of our community. The variances requested are all logical based on the project design. Similar projects would be able to enjoy similar benefits. d. The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning district, and that would otherwise be denied to the property in question.

1. A windshield survey of the other mini-storage facilities within City limits appears to indicate that many facilities do not provide substantial parking spaces for their tenants, rather they utilize the practice of having tenants drive up to their storage unit to park. Requiring 13 off-street parking appears unnecessary for the type of project.

2. The site plan meets all applicable criteria except for the 6 units that exceed 400 sf.

Since one unit is a corner unit and cannot be changed, and the other 5 units are for RV storage, the applicant is not being granted rights denied to others. e. The granting of the variance will not be materially detrimental to the public welfare.

1. Granting of the variance supports continued commercial development, is done in the public interest and will not be detrimental to public welfare. f. The granting of the variance will not be injurious to, or incompatible with, any nearby property or improvements.

1. The nearest mini storage facility to this location is 0.5 miles away and while it does have off-street parking, it also has an on-site caretaker to assist customers. As this development will have no on-site caretaker, staff has determined that the granting of this variance is not incompatible with the nearby property.

FISCAL IMPACT
None. All applicable fees were paid prior to completing review.

PUBLIC NOTICE
The Planning Commission hearing for this project was publicly noticed in the local newspaper on April 15, 2024, and mailed to all property owners within 300 feet on April 10, 2024. As of publication, staff has received zero responses from the public notices.
87 Item 7.
8 Attachments:

1. Use Permit & Zone Change Applications

2. Variance Application

3. Site and architectural plans

4. Notice of Exemption

5. Resolution No. P2024-05

6. Draft Certificate of Approval
88 Item 7.

Attachment 2
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Attachment 3
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Attachment 4
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28 CITY OF OROVILLE
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY OF OROVILLE CITY COUNCIL APPROVING ZONING CODE AMENDMENT ZC24-01 TO ESTABLISH A MINI-STOREAGE OVERLAY (MS-O) DISTRICT.

WHEREAS, the subject property is zoned Intensive Commercial (C-2); and WHEREAS, The City of Oroville Municipal Code (OMC) Section 17.44.060.B specifies that the development of a Mini-Storage Facility shall require the creation of a Mini-Storage Overlay (MSO) district; and WHEREAS, the Planning Commission approved Use Permit UP24-03 for a Mini-Storage Facility in a Highly Visible Location for the subject property on April 25, 2024; and WHEREAS, the Planning Commission approved Variance VAR24-03 for reduced off-street parking and 6 oversized storage units for the subject property on April 25, 2024; and WHEREAS, the project development is compatible with, and complementary to, existing and future surrounding land uses as required in the Municipal Code.

The City Council of the City of Oroville does hereby ordain as follows:

SECTION 1. Pursuant to the City of Oroville Municipal Code (OMC) Section 17.08, the Zoning Map designation of an approximately 3.46 acre parcel located at 2560 Feather River Boulevard, more precisely described as Assessor’s Parcel Number 035-330-013, is amended to add a MiniStorage Overlay (MS-O) District.

SECTION 2. This ordinance shall become effective on the 30th day after its adoption.

SECTION 3. The City Clerk shall attest to the adoption of this ordinance.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on June 4, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

DAVID PITTMAN, Mayor
APPROVED AS TO FORM: ATTEST:
99 Item 7.
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28 SCOTT E. HUBER, City Attorney KAYLA REASTER, Assistant City Clerk 100
Item 7.

Attachment 5
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Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Oroville
155 Nelson Ave,
Edwards Mini Storage Facility
Tyler Edwards
Oroville Butte
City of Oroville
X
Kristina Heredia 530-538-2406
Associate Planner
1735 Montgomery Street
Oroville, CA 95965
Butte
Oroville, CA 95965
A 212 unit mini storage facility. Project includes a use permit, UP24-03, a zone change, ZC24-04 to create a mini storage overlay zone, and a variance VAR24-03.
2560 Feather River Boulevard, Oroville, CA, 95965
Infill 15.332.a-e
Infill developement that is less than 5 acres, has access to public utilities, and does not create a significant effect on the environment.
■
102
Item 7.

Creation of a
Mini-Storage Overlay
May21, 2024
Oroville City Council
1 103
Item 7.
2 Edwards Mini Storage
Tractor Supply
N
NS Fit
Storage Riebes
2560 Feather River Blvd
104
Item 7.
3 Entitlements for this Project

1. Zone Change ZC 24-01 – Create a Mini Storage Overlay District (MS-O)

2. Use Permit UP24-03 – Highly Visible Area (MS-O)
APPROVED by Planning Commission – April 25, 2024

3. Variance VAR24-03 – Reduced parking and oversized storage units APPROVED by Planning Commission – April 25, 2024
3 105
Item 7.

Assessment of Impacts
•MS-O created via Ord 1706 (2004)
•Ord 1711 (2004) created first MS-O at 60 E
Grand Ave
•Creation of an MS-O requires an “Assessment of
Impacts” (OMC 17.44.060.D)
4 106
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Facility Locations
5 Legend
Existing
MS-O
Proposed
107
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Storage Units by Facility
6 0
100
200
300
400
500
600
700
212
Currently
≈3,149
Storage
Units
108
Item 7.

Recommended Actions

1. Provide comments and direction to staff for any desired changes

2. Conduct a public hearing on June 4, 2024 &

3. Concurrently adopt Ordinance XX - establishing a MS-O District at APN 035-330-013
7 109
Item 7.

Questions?
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Item 7.

CITY OF OROVILLE

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

ADMINISTRATIVE SERVICES
RE: FUND BALANCE POLICY AMENDMENTS
DATE: MAY 21, 2024

SUMMARY
Staff recommends the City Council approve the recommended amendments to the City’s Fund Balance Policy.

DISCUSSION
The City follows a Fund Balance Policy to account for the fund balance structure adopted and required by the Government Accounting Standards Board for Statement No. 54. This Policy was adopted on 12/02/14 and has not been updated since that time.

The Government Accounting Standards Board (GASB) issued statement 54 to bring a level of conformity of classifications of Fund Balance for Government agencies. This standard indicates a level of constraints that are broken down into five different classifications. Nonspendable, Restricted, Committed, Assigned and Unassigned.

Staff is requesting the policy to be updated to address the Assigned and Unassigned classifications. Prior to this update there were no Assignments placed on Unassigned Fund Balance. The policy update will help the City to place Assignments on Unassigned Fund Balances for known future expenditures. There are future costs that are known and planned but not due in the current fiscal year. Certain expenditures are large enough to place a strain on the budget within a fiscal year. Assigning Fund Balance within the General Fund is a mechanism to accumulate funds over multiple years so the City can more easily cover these costs when the time comes.

Staff is recommending the four following classifications for Assigned Fund Balance:
o Contingency allocation
The City may assign a specific amount to be reserved for unexpected costs, as well as legal and litigation costs that were not anticipated at the adoption of budget. This amount would be established at $1 million.
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o Pension costs
Rising pension costs and unfunded pension liabilities are a concern for the City. The City may assign a specific amount to be reserved for future pension costs. o Leave buy-out allocation
The City may assign a specific amount to be reserved for future appropriations to fund unanticipated costs related to covering costs of employees retiring and or separating from the City to cover funding the cost of accrued leave (administrative leave and vacation leaves). o Capital Projects
The City may assign a specific amount to be reserved for unplanned but necessary Capital Projects that are otherwise not anticipated and budgeted in the Capital Projects Fund. o Road Projects
The City may assign a specific amount to be reserved for unplanned but necessary Road Projects that are otherwise not anticipated and budgeted.

Currently, we anticipate our unassigned fund balance to be approximately $11 million. With that, we have a known unfunded cost of $12 million which has been assessed to the City by CalPERS for the newest unfunded liability. This is an example of a known future cost.

Allocations will be recommended with the budget presentation and annually evaluated.

FISCAL IMPACT
Designations of Fund Balance, no fiscal impact.

RECOMMENDATION
Adopt the amendments to the City’s Fund Balance Policy.

ATTACHMENTS
A. Fund Balance Policy with changes tracked in red.
112
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FUND BALANCE POLICY
City of Oroville
Finance Department
Effective Date: 5/21/24
Last revision date: new12/02/14
A. Purpose
To outline the policies and procedures adopted by the City Council regarding provisions for identifying and classifying fund balances in accordance with Government Accounting Standards Board Statement No. 54.

B. Policy Scope
This policy is applicable to all government and proprietary funds of the City, dependent special districts and other agencies whose affairs and finances are under the supervision and control of the City Council.

C. Policy
Classifications of Fund Balances
 The Finance Department will develop and maintain procedures to classify Fund Balance according to the provisions set forth by the Government Accounting Standards Board.
 Assigned Fund Balance Set Aside for Known Future Spending The City has established a General Fund Balance Reserve for emergency, one-time costs (see General Reserve Policy). In addition to this, there are future costs that are known and planned but are not due in the current fiscal year. Certain expenditures that are large enough to place Formatted: List Paragraph, Indent: Left: 0.63", Bulleted + Level: 1 + Aligned at: 0.88" + Indent at: 1.13"
Formatted: Font: 14 pt, Font color: Red
Formatted: Font: (Default) Calibri, 14 pt, Bold, Font
color: Red
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Item 8.
a strain on the budget within a fiscal year. Assigning Fund Balance within the General Fund is a mechanism to accumulate funds over multiple years so the City can more easily cover these costs when the time comes. The City will establish the following to pay for known future spending.
o Contingency allocation
The City may assign a specific amount to be reserved for unexpected costs, as well as legal and litigation costs that were not anticipated at the adoption of budget. This amount is established at 1 million.
o Pension costs
Rising pension costs and unfunded pension liabilities are a concern for the City. The City may assign a specific amount to be reserved for future pension costs.
o Leave buy-out allocation
The City may assign a specific amount to be reserved for future appropriations to fund unanticipated costs related to covering costs of employees retiring and or separating from the City to cover funding the cost of accrued leave (administrative leave and vacation leaves).
o Capital Projects
The City may assign a specific amount to be reserved for unplanned but necessary Capital Projects that are otherwise not anticipated and budgeted in the Capital Projects Fund. 114
Item 8.

GASB 54 Classifications
Classification Description Example
Nonspendable Fund
Balance
Not in spendable form;
legally or contractually
required to be
maintained intact
Inventories or
prepaid amounts
Restricted Fund Balance Constrained for a
specific purpose;
changed only with
consent of outside party;
legally enforceable
Creditors, grant
providers or
contributors or by
law
Committed Fund Balance Established by City
Council for specific
purpose (by resolution)
Must be established
before year end,
changed only by
Council
Assigned Fund Balance Established by governing
body or delegated
official, less formal
Minutes, memos,
purchase orders or
budget documents
Unassigned Fund Balance Residual fund balance
after deducting the
above classification
All amounts not
contained in other
classifications
115
Item 8.

GASB 54 Classifications
Classification Description Example
Nonspendable Fund
Balance
Not in spendable form;
legally or contractually
required to be
maintained intact
Inventories or
prepaid amounts
Restricted Fund Balance Constrained for a
specific purpose;
changed only with
consent of outside party;
legally enforceable
Creditors, grant
providers or
contributors or by
law
Committed Fund Balance Established by City
Council for specific
purpose (by resolution)
Must be established
before year end,
changed only by
Council
Assigned Fund Balance Established by governing
body or delegated
official, less formal
Minutes, memos,
purchase orders or
budget documents
Unassigned Fund Balance Residual fund balance
after deducting the
above classification
All amounts not
contained in other
classifications
116
Item 8.

Funding flow assumptions
 This policy considers restricted amounts to be spent before unrestricted fund balance when an expenditure is incurred and appropriated for purposes for which both restricted and unrestricted (committed, assigned and unassigned) amounts are available. Similarly, within unrestricted fund balance, committed, assigned then unassigned amounts in that order will be spent when an expenditure is incurred for a purpose for which amounts in any of those unrestricted fund balance classifications could be used.

Definitions
A Nonspendable Fund Balance includes amounts that are not in a spendable form or are legally or contractually required to be maintained intact (such as inventories or prepaid amounts).

A Restricted Fund Balance includes amounts that can be spent only for specific purposes stipulated by external parties (such as creditors, grant providers or contributors) or by law.

A Committed Fund Balance includes amounts that can be used only for the specific purpose determined by the City Council. Commitments may be changed or lifted only by the Council taking the same formal action that imposed the constraint originally. The formal action must occur prior to year end of the reporting period. The amount which will be subject to the constraint may be determined in the subsequent period.

An Assigned Fund Balance is comprised of amounts intended to be used by the government entity for specific purposes that are neither restricted nor committed. Intent can be expressed by the Council or by an official or body to which the Council delegates the authority. Assigned fund balance can be used to eliminate a projected budgetary deficit in the subsequent year’s budget.

An Unassigned Fund Balance is the residual classification and includes all amounts not contained in the other classifications. Unassigned amounts are technically available for any purpose.
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: PUBLIC HEARING - CONTINUED FROM MARCH 19, 2024 -

FEATHER RIVER RECREATION AND PARK DISTRICT NEXUS

FEE STUDY AND PROPOSED FEE INCREASES
DATE: MAY 21, 2024

SUMMARY
The Council shall resume 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.

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

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

The District initially proposed to phase in these increases evenly over an 8 year period (including a 2% annual inflationary increase, to assist in keeping the District more current with respect to costs).

This public hearing began at the regularly scheduled December 5, 2023 City Council meeting, and was continued to the December 19, 2023 regular City Council meeting. 118
Item 9.

The topic was continued again to the March 19, 2024 meeting, pending further discussion with the District (after the selection of a new General Manager), City staff and the City Council Executive Committee. Given a new permanent General Manager had yet to be selected at the District, more time was allowed to review this topic and it was continued until May 21, 2024.

After further review, the District would like to withdraw this proposal. In the best interest of the City and the District, the District would like to take more time and return at a future date, with a revised proposal, that best meets the needs of the citizens, the City and the District.

FISCAL IMPACT
There is no fiscal impact on the City.

RECOMMENDATION
Conduct public hearing and take no action on this topic.

ATTACHMENTS

1. Nexus Fee Study

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

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

4. Resolution and Exhibit A
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.

FEATHER RIVER RECREATION

AND PARK DISTRICT

PARK IMPACT FEE NEXUS STUDY
MARCH 2023

FINAL REPORT
PREPARED FOR:

BOARD OF DIRECTORS

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

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

INTERIM GENERAL MANAGER
Victoria Anton Teague

BUSINESS MANAGER
Deborah Peltzer

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

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

Shawn Rohrbacker, formerly with Feather River Recreation and Park District City of Oroville
County of Butte
Land Image Landscape Architects and Planners
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FEATHER RIVER RECREATION AND PARK DISTRICT
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 1 INTRODUCTION…… ......................................................................................................... 1 METHODOLOGY / APPROACH ............................................................................................ 2 SUMMARY OF KEY FINDINGS ............................................................................................. 3 SUMMARY OF KEY RECOMMENDATIONS ............................................................................. 5 EXISTING PARK AND LEVEL OF SERVICE STANDARDS ............................................................... 6 CURRENT AND PROJECTED DISTRICT POPULATION ............................................................. 6 LEVEL OF SERVICE STANDARDS ........................................................................................ 7 DISTRICT PARK INVENTORY .............................................................................................. 7 PER CAPITA COST COMPONENTS ........................................................................................... 9 PARKLAND ACQUISITION COST PER CAPITA ....................................................................... 9 PARK DEVELOPMENT COST PER CAPITA .......................................................................... 10 DETERMINATION OF THE PARK IMPACT FEE ........................................................................... 11 PARK IMPACT FEE COST COMPONENTS ........................................................................... 11 LAND USE CATEGORIES ................................................................................................. 12 DWELLING UNIT OCCUPANCY FACTOR ............................................................................ 13 PARK IMPACT FEE DETERMINATION ................................................................................. 14 NEXUS FINDINGS FOR PARK IMPACT FEE ............................................................................... 16 PROJECTED PARK IMPACT FEE REVENUE .............................................................................. 18 COMPARISON OF CURRENT AND MAXIMUM PARK IMPACT FEES ............................................... 19 FEE PROGRAM ADOPTION REQUIREMENTS ............................................................................ 21 FEE PROGRAM ADMINISTRATION REQUIREMENTS ................................................................... 23 ACCOUNTING REQUIREMENTS ........................................................................................ 23 REPORTING REQUIREMENTS .......................................................................................... 23 TRANSPARENCY REQUIREMENTS .................................................................................... 25 AUTOMATIC ANNUAL INFLATIONARY ADJUSTMENT ............................................................ 25 FEE EXEMPTIONS…. ...................................................................................................... 25 NEXUS STUDY UPDATES ................................................................................................ 25 APPENDICES ....................................................................................................................... 26 APPENDIX A – COST ESTIMATES FOR PARK AND RECREATION FACILITIES .......................... 27 APPENDIX B – DISTRICT PARK INVENTORY ...................................................................... 28 APPENDIX C – COMBINED CITY (2020) AND DISTRICT PARK IMPACT FEES ......................... 29 124
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LIST OF FIGURES
FIGURE 1 – CURRENT PARK IMPACT FEE SCHEDULES ............................................................... 3 FIGURE 2 – MAXIMUM DISTRICT-WIDE PARK IMPACT FEE SCHEDULE .......................................... 4 FIGURE 3 – CURRENT AND PROJECTED DISTRICT POPULATION .................................................. 6 FIGURE 4 – PARKLAND ACQUISITION COST PER CAPITA ............................................................ 9 FIGURE 5 – PARK DEVELOPMENT COST PER CAPITA ............................................................... 10 FIGURE 6 – PARK IMPACT FEE COST COMPONENTS ................................................................ 11 FIGURE 7 – DWELLING UNIT OCCUPANCY FACTOR.................................................................. 13 FIGURE 8 – MAXIMUM DISTRICTWIDE PARK IMPACT FEE SCHEDULE ......................................... 14 FIGURE 8 – PARK IMPACT FEE BY COST COMPONENTS ........................................................... 15 FIGURE 9 – SUMMARY OF ALLOWABLE AND PROHIBITED USES OF FEE REVENUE ...................... 16 FIGURE 10 – PROJECTED PARK IMPACT FEE REVENUE ........................................................... 18 FIGURE 11 – CURRENT AND MAXIMUM INCORPORATED AREA DISTRICT PARK IMPACT FEES ....... 19 FIGURE 12 – CURRENT AND MAXIMUM UNINCORPORATED AREA PARK IMPACT FEES ................ 20 FIGURE 13 – TYPICAL 5-ACRE NEIGHBORHOOD PARK CONSTRUCTION COSTS .......................... 27 FIGURE 14 – TYPICAL 20-ACRE COMMUNITY PARK CONSTRUCTION COSTS .............................. 27 FIGURE 15 – DISTRICT PARK INVENTORY ............................................................................... 28 FIGURE 15 – COMBINED CITY (2020) AND DISTRICT PARK IMPACT FEES .................................. 29 125
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FEATHER RIVER RECREATION AND PARK DISTRICT
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EXECUTIVE SUMMARY

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

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

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

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

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

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

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

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

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

SUMMARY OF KEY FINDINGS
The following key findings are presented:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. A fee credit must be given for demolished existing dwelling units as part of a new development project to comply with the Act and recent court decisions. 130
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EXISTING PARK AND LEVEL OF SERVICE STANDARDS
This Nexus Study utilizes a per capita-standard-based methodology to determine the park impact fee because the need for and demand for park and recreational services is driven by its service population. Using this open-ended approach, park and recreational facility costs are reduced to a cost per capita based on the District’s existing LOS standards for such facilities. This section first determines the District’s LOS standard for park and recreational facilities. Then, the per capita cost for park and recreational facilities for the District is established based on their respective LOS standard and the estimated parkland acquisition and development cost per acre.

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

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

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

The maximum park impact fee determined by this Nexus Study does not depend upon the timing and level of development.
3 The District’s boundaries include the City of Oroville and the census-designated places of Palermo, South Oroville, Thermalito, Bangor, Berry Creek, Cherokee, Clipper Mills, Forbestown, Honcut, and Rackerby. 131
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LEVEL OF SERVICE STANDARDS
Figure 3 below summarizes the District’s existing and master plan level of service standards for developed neighborhood and community parks.

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

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

The District has six developed neighborhood or rural parks and four developed community parks totaling 126.49 acres, or 2.91 acres for every 1,000 residents. However, the District’s Master Plan standard for developed parks is 5.0 acres per 1,000 residents. Therefore, to accommodate the anticipated population growth of 52,976 new residents by 2040, an additional 27.56 acres of developed park area will be required to maintain its existing level of service, and 61.12 additional acres are needed to achieve the 5 acres per 1,000 resident standard.
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To achieve their adopted Master Plan goal, the District will need to fund existing development share of needed parks and any other improvements not identified with other funding sources. Other potential sources of funds include, but are not limited to, a general obligation bond measure, state and federal grants, the District’s general fund, and existing or new special tax and assessment proceeds, if allowable. 133
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PER CAPITA COST COMPONENTS
The Act requires that development impact fees be determined in a way that ensures a reasonable relationship between the amount of the fee and the cost of park and recreational facilities attributable to the new development on which the fee is imposed. This section presents the calculation of the total cost per capita for developed parks based on the District’s existing level of service for such facilities.

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

FIGURE 4 – PARKLAND ACQUISITION COST PER CAPITA
Cost Component
Acres per 1,000
Population 1
Acres per
Capita 1
Average Land
Acquistion
Cost per Acre 2
Cost per
Capita
Calc a b = a / 1,000 c d = b * c
Neighborhood Parks 0.57 0.00057 $138,000 $78.66
Community Parks 2.34 0.00234 $138,000 $322.92
Total District 2.91 0.00291 $138,000 $401.58
Source: Feather River Recreation and Park District
Notes:
1 Based on District's existing level of service. See Figure 3. 2 Based on $121,000 per acre from City of Oroville Development Impact Fee Update Study, December 2020 and adjusted the 14% change in the median home price in Oroville since December 2022. 134
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FEATHER RIVER RECREATION AND PARK DISTRICT
PARK IMPACT FEE NEXUS STUDY, 2023

PARK DEVELOPMENT COST PER CAPITA
Figure 5 below calculates the per capita cost of developing new parks in the District. As presented, the 2.91 acres per 1,000 population existing standard is multiplied by the estimated average per acre cost for park development to arrive at a per capita cost. The average park development cost per acre represents the weighted average construction cost per acre (in 2023 dollars) for neighborhood and community parks. Besides those listed for typical parks in Appendix A, other facilities, such as aquatic and community use facilities, are excluded.

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

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

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

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

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

The four land use categories are as follows:
 “Single-Family Housing” means detached or attached one-family dwelling units.  “Multi-Family Housing” means buildings or structures designed for two or more families for living or sleeping purposes and having kitchen and bath facilities for each family.
 “Mobile Home” means a development area for residential occupancy in vehicles that require a permit to be moved on a highway, other than a motor vehicle designed or used for human habitation and for being drawn by another vehicle.  “Accessory Dwelling Unit” means a dwelling unit, or “granny flat,” either a detached or attached dwelling unit, which provides complete, independent living facilities for one or more persons with provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary residence. 137
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DWELLING UNIT OCCUPANCY FACTOR
Figure 7 below presents the calculation of the dwelling unit occupancy factor for the three residential land uses. The calculation is based on information from the American Community Survey 5-Year Estimate from the 2020 U.S. Census for the City of Oroville and the censusdesignated places of Palermo, South Oroville, Thermalito, Bangor, Berry Creek, Oroville East, Cherokee, Clipper Mills, Forbestown, Honcut, and Rackerby, which are found to represent the District’s boundaries.

FIGURE 7 – DWELLING UNIT OCCUPANCY FACTOR
Land Use Categories
Occupied
Dwelling Units
Total Number
of Occupants
Dwelling Unit
Occupancy
Factor
Calc a b c = a / b
Single-Family Housing 10,833 31,401 2.90
Multi-Family Housing 2,257 5,515 2.44
Mobile Homes 2,476 6,117 2.47
Average (2020 Census) 15,566 43,033 2.76
Source: 2020 U.S. Census, ACS 5-Year Estimate for the City of Oroville and the census-designated places of Palermo, South Oroville, Thermalito, Bangor, Berry Creek, Oroville East, Cherokee, Clipper Mills, Forbestown, Honcut, and Rackerby. 138
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PARK IMPACT FEE DETERMINATION
Figure 8 below presents the calculation of the maximum park impact fee. As shown, the per dwelling unit fees for three residential land uses are determined by multiplying the total cost per capita by their respective dwelling unit occupancy factor.

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

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

FIGURE 8 – MAXIMUM DISTRICTWIDE PARK IMPACT FEE SCHEDULE Land Use Category Unit
Total Cost Per
Capita 1
Dwelling Unit
Occupancy
Factor 2
Maximum
Districtwide
Park Impact
Fee
Calc a b c = a * b
Single-Family Housing DU $1,891.56 2.90 $5,486
Multi-Family Housing DU $1,891.56 2.44 $4,615
Mobile Homes DU $1,891.56 2.47 $4,672
Accessory Dwelling Unit See Note 3
Notes:
1 See Figure 6.
2 See Figure 7.
3 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. 139
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FEATHER RIVER RECREATION AND PARK DISTRICT
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FIGURE 9 – PARK IMPACT FEE BY COST COMPONENTS
Land Use Category Unit
Parkland
Acquisition
Park
Development
Fee Program
Admin.

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

Cost Components
1 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 140
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FEATHER RIVER RECREATION AND PARK DISTRICT
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NEXUS FINDINGS FOR PARK IMPACT FEE
This section summarizes the nexus findings required to demonstrate the legal justification of the park impact fee.

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

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

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

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

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

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

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

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

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

FIGURE 12 – CURRENT AND MAXIMUM INCORPORATED AREA DISTRICT PARK IMPACT FEES (CITY OF OROVILLE)
Land Use Category Unit 1
FRRPD
Incorporated
Area Park
Impact Fee
(2008) 2
Maximum
Districtwide
Park Impact
Fee $ Change % Change
Calc a b c = a - b d = c / a
Single-Family Housing DU $1,196 $5,486 $4,290 358.7%
Multi-Family Housing DU $1,063 $4,615 $3,552 334.1%
Mobile Homes DU $793 $4,672 $3,879 489.2%
Accessory Dwelling Unit
3 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. ---------- See Note 3 ----------
Notes:
1 DU means dwelling unit
2 From Interim Development Impact Fee Calculation and Nexus Report, December 2008. 144
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FEATHER RIVER RECREATION AND PARK DISTRICT
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FIGURE 13 – CURRENT AND MAXIMUM UNINCORPORATED AREA PARK IMPACT FEES (COUNTY OF BUTTE)
Land Use Category Unit 1
Current FRRPD
Unincoporated
Area Park
Impact Fee
(2003) 2
Maximum
Districtwide
Park Impact
Fee (2023) $ Change % Change
Calc a b c = a - b d = c / a
Single-Family Housing DU $1,106 $5,486 $4,380 396.0%
Multi-Family Housing DU $870 $4,615 $3,745 430.5%
Mobile Homes DU $867 $4,672 $3,805 438.9%
Accessory Dwelling Unit
3 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. ---------- See Note 3 ----------
Notes:
1 DU means dwelling unit
2 From Feather River Recreation and Park District Development Impact Fee Calculation Report, May 2003 145
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FEATHER RIVER RECREATION AND PARK DISTRICT
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FEE PROGRAM ADOPTION REQUIREMENTS
The following is a summary of the statutory procedural requirements for approval of the Nexus Study and proposed park impact fee program (“fee program”) by the District Board of Directors and adoption by the City Council on behalf of the District. The specific statutory procedural requirements for adopting the fee program may be found in the California Government Code Sections 66016, 66017, and 66018, City Municipal Code 3.32.115, and County Municipal Code Chapter 16, Article 6.

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

FEATHER RIVER RECREATION AND PARK DISTRICT

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

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

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

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

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

CITY OF OROVILLE

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

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

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

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

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

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

COUNTY OF BUTTE

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

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

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

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

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

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

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

REPORTING REQUIREMENTS
The following information, entitled “Annual Report,” must be made available to the public within 180 days after the last day of each fiscal year:
 a brief description of the type of fee in the account;  the amount of the fee;
 the beginning and ending balance of the account;
 the fees collected that year and the interest earned;  an identification of each public improvement for which the fees were expended and the amount of the expenditures for each improvement;
 an identification of an approximate date by which development of the improvement will commence if the local agency determines that sufficient funds have been collected to complete financing of an incomplete public improvement;  a description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, the date on which any loan will be repaid, and the rate of interest to be returned to the account; and
 the amount of money refunded under section Govt. Code § 66001. 148
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FEATHER RIVER RECREATION AND PARK DISTRICT
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The District shall review the Annual Report at the next regularly scheduled public meeting, not less than 15 days after the Annual Report is made available to the public. Notice of the time and place of the meeting, including the address where this information may be reviewed, shall be mailed, at least 15 days prior to the meeting, to any interested party who files a written request with the District for mailed notice of the meeting. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The District Board may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

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

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

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

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

NEXUS STUDY UPDATES
This Nexus Study and fee program must be updated at least every eight years. The next Nexus Study update is due no later than January 1, 2031. 150
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FEATHER RIVER RECREATION AND PARK DISTRICT
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APPENDICES
Appendix A – Cost Estimates for Parks and Recreational Facilities Appendix B – Inventory of District Park Facilities
Appendix C – Combined City (2020) and District Park Impact Fees 151
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APPENDIX A – COST ESTIMATES FOR PARK AND RECREATION FACILITIES FIGURE 14 – TYPICAL 5-ACRE NEIGHBORHOOD PARK CONSTRUCTION COSTS Item Unit Cost 2023 $
Calc b c = a * b
Basic Park Development 5 acre $337,000 $1,685,000
Parking Lots 20 stall $5,000 $100,000
Soccer Field 1 each $19,000 $19,000
Playground Equipment - Large 1 each $443,000 $443,000
Basketball Court (1/2 Court) 1 each $57,000 $57,000
Shade Structure - Large (50 people) 1 each $113,000 $113,000 Total Project Cost $2,417,000
Cost Per Acre (rounded) $483,000
a
Source: Feather River RPD and SCI Consulting Group
Units
FIGURE 15 – TYPICAL 20-ACRE COMMUNITY PARK CONSTRUCTION COSTS Item Unit Cost 2023 $
Calc b c = a * b
Basic Park Development 20 acre $266,000 $5,320,000
Playground Equipment - Small 2 each $225,000 $450,000
Playground Equipment - Large 1 each $443,000 $443,000
Soccer Field 2 each $19,000 $38,000
Youth Baseball / Softball Fields 3 each $77,000 $231,000 Tennis Court with Fence (Set of 2) 4 each $124,000 $496,000 Sports Lighting 1 each $50,000 $50,000
Basketball Court (1/2 Court) 3 each $57,000 $171,000
Shade Structure - Large (50 people) 2 each $114,000 $228,000 Shade Structure - Smaill (25 people) 2 each $58,000 $116,000 Restroom Building 4 each $366,000 $1,464,000
Parking Lots 150 stall $5,000 $750,000
Total Project Cost $9,757,000
Cost Per Acre (rounded) $488,000
a
Source: Feather River RPD and SCI Consulting Group
Units
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FEATHER RIVER RECREATION AND PARK DISTRICT
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APPENDIX B – DISTRICT PARK INVENTORY
FIGURE 16 – DISTRICT PARK INVENTORY
Name of Park / Area Type of Park Total Acres
Developed
Acres
Unimproved
Acres
Nelson Park and Pool Community 29.60 29.60 0.00
Riverbend Park Community 55.99 55.99 0.00
Gary Nolan Sports Complex Community 13.00 13.00 0.00
Playtown Park Neighborhood 2.80 2.80 0.00
Martin Luther King Jr. Park Neighborhood 5.58 5.58 0.00 Palermo Park and Pool Neighborhood 4.02 4.02 0.00
Forbestown Park Neighborhood 3.10 3.10 0.00
Wyandotte Park Neighborhood 2.60 2.60 0.00
Bangor Park Neighborhood 6.75 6.75 0.00
Bedrock Skate and Bike Park Special Purpose 0.75 0.75 0.00 Bedrock Tennis Courts Special Purpose 2.30 2.30 0.00
District Parks 126.49 126.49 0.00
City Parks 1 36.79 26.07 10.72
Total Parks 163.28 152.56 10.72
1 City park inventory.

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

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

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

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

District Park Impact Fee Cost Components City Park Impact Fee Cost Components - - - - - See Note 2 - - - - -
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(THIS PAGE INTENTIONALLY LEFT BLANK)
155
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Park Impact
Fee Program
Update
BLAIR AAS | SCI CONSULTING GROUP
156
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About the FRRPD
Park Impact Fee
Program
◦ First established in 2003
◦ Imposed by City and County on
behalf of the District
◦ The unincorporated area fee
hasn’t been adjusted for inflation
since 2003.
◦ The incorporated area fee was
adjusted in 2008.
◦ The Nexus Study establishes
legal and policy basis for
imposing the new park impact
fee program
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 2
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Item 9.

Methodology and Approach
PARK IMPACT FEE PROGRAM OVERVIEW 3
Districtwide Nexus
Study
Per-Capita Standard
Based Methodology
Existing Level of Service
Standard
(2.94 acres per 1,000
residents)
Open-Ended
Fee Cost
Components
Parkland Acquisition
($138,000 per acre)
New or Expanded Parks
and Recreational
Facilities
($487,000 per acre)
Fee Program
Administration
(4%)
Current Resident
Population
43,506
Dwelling Unit
Occupancy Factor

2.90 persons per home

2.44 persons per unit

2.47 per mobile home
DECEMBER 5, 2023
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Park Impact Fee Program
Incorporated Area
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 4
Land Use Category Unit
Current FRRPD
Incorporated
Area Park Impact
Fee (2008)
Maximum
Districtwide Park
Impact Fee $ Change % Change
Calc a b c = a - b d = c / a
Single-Family Housing DU $1,196 $5,486 $4,290 358.7%
Multi-Family Housing DU $1,063 $4,615 $3,552 334.1%
Mobile Homes DU $793 $4,672 $3,879 489.2%
Accessory Dwelling Unit
1 The park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit. Accessory dwelling units less than 750 square feet of living area are exempt. ---------- See Note 1 ----------
Notes:
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Park Impact Fee Phasing Plan
Incorporated Area
11/21/2022 PARK IMPACT FEE PROGRAM UPDATE OVERVIEW 5
Land Use Category Unit 1
Current
FRRPD
Incorporated
Area Park
Impact Fee
(2008) 2
Maximum
Districtwide
Park Impact
Fee 2023 3
Effective
July 1,
2024
Effective
July 1,
2025 4
Effective
July 1,
2026 4
Effective
July 1,
2027 4
Effective
July 1,
2028 4
Effective
July 1,
2029 4
Effective
July 1,
2030 4
Effective
July 1,
2031 4
Eight-Year Plan
Single-Family Housing DU $1,196 $5,486 $1,732 $2,314 $2,907 $3,512 $4,129 $4,759 $5,401 $6,056 Multi-Family Housing DU $1,063 $4,615 $1,507 $1,990 $2,483 $2,985 $3,498 $4,021 $4,554 $5,098 Mobile Homes DU $793 $4,672 $1,278 $1,798 $2,329 $2,870 $3,422 $3,985 $4,559 $5,145 5 Pursuant to Govt. Code § 65852.2(f)(3)(A), the park impact fee for an accessory dwelling unit shall imposed proportionately in relation to the square footage of the primary dwelling unit.

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

Notes:
1 DU means dwelling unit
2 From Interim Development Impact Fee Calculation and Nexus Report, December 2008. 4 Includes a conservative 2% adjustment for inflation.
3 Maximum park impact fees justified by the District's Park Impact Fee Nexus Study Final Report v1.2 dated March 2023. 160
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Accounting Requirements
▪ Fee proceeds must be deposited into a separate fund
or account so that there will be no commingling of fees with other revenues
▪ Fee proceeds must be expended solely for the purpose
for which there were collected
▪ Fee proceeds must be expended on park and
recreational facilities that expand the District’s service capacity.

DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 6
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Uses of Fee Revenue

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

PROHIBITED USES
◦ Existing deficiencies, such as renovation or
replacement of existing recreational facilities that do not expand service capacity
◦ Aquatic facilities, community use facilities, or
purchase or lease of vehicles.
◦ Operational, maintenance, or repair costs
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 7
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Reporting Requirements
Annual Report
Must be made available to the public with
180 days after the last day of each fiscal
year
Five-Year Findings Report
For the fifth year following the first receipt of
fee proceeds, and every five years
thereafter, in conjunction with Annual Report
Reports prepared by District; approved by District
Board; filed with City
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 8
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Questions?
Chris Wagoner
General Manager
Deborah Peltzer
Business Manager
Blair Aas
Impact Fee Consultant
DECEMBER 5, 2023 PARK IMPACT FEE PROGRAM OVERVIEW 9
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Proposed Amendments

3.32.115 Feather River Recreation and
Park District fees.

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

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

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

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

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

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

G. This section shall be repealed if the district increases its residential impact fees application to city building permits without the prior amendment of this section. (Ord. 1812 §§ 1—7, 2016)
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OROVILLE CITY COUNCIL
RESOLUTION NO. XXXX

A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING THE FEATHER RIVER

RECREATION AND PARK DISTRICT PARK IMPACT FEE NEXUS STUDY AND PARK

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

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

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

PASSED AND ADOPTED by the Oroville City Council at a regularly scheduled meeting held on March 19, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
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Item 9.

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

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

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

Feather River Recreation and Park District Park Impact Fee Phasing Plan (City of Oroville) 3 Maximum park impact fees justified by the District's Park Impact Fee Nexus Study Final Report v1.2 dated March 2023. 170
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CITY OF OROVILLE

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

LARK MCNEILL, INTERWEST PLANNING GROUP
RE: 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
DATE: MAY 21, 2024

SUMMARY
The Council will again 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.

DISCUSSION
On March 5, 2024, the City Council conducted a public hearing and unanimously approved the first reading of Ordinance No. 1878 with two minor changes. At a second reading on March 19, 2024, the Council approved the ordinance with a 30-day minimum stay. On April 2, 2024, the Council heard public comment, again discussed the ordinance, and eliminated the 30-day requirement.

At the April 2 meeting two questions were discussed:
1) Can the city establish a minimum rental stay for an accessory dwelling unit? State law states that “…a local agency may require that the property be used for rentals of terms 30 days or longer (Government Code Section 65852.2.(a)(8))….” The Council ultimately opted not to require a minimum stay and will allow short-term rentals (STR). However, we note that State law does require a minimum of 30-day stays for Junior Accessory Dwelling Units (JADU’s) and ADU’s under 800 square feet, so STR’s will be allowed only for larger ADU’s between 800 and 1,200 square feet. The ordinance has been revised to reflect this. Owners that open their ADU’s as STR’s are required to register and pay Transient Occupancy Tax. 2) Whether accessory dwelling units are required to be owner-occupied. Government Code Section 65852.2.(a)(8) states that “No additional standards, other than those provided in this subdivision, shall be used or imposed, including an owner-occupant requirement.” However, for a property with a junior accessory dwelling unit, either 171
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the primary residence or the JADU must be owner occupied. Junior accessory dwelling units are an integrated part of the primary dwelling unit, frequently sharing a heating and cooling system, and potentially sharing bathing and cooking facilities.

The ordinance has been revised to reflect state law.

This ordinance also has a few other text changes which are based on comments HCD (California Department of Housing and Community Development) has sent to other communities regarding their ADU ordinances. After adoption by the city, this ordinance must also be reviewed by HCD, and by incorporating these comments staff anticipates it will pass review without comment.

One of the minor corrections is in the definition of accessory dwelling unit. State law does not require a garage for an accessory dwelling unit, but it does require that a local agency allow a primary residence garage to be converted into an accessory dwelling unit.

The definition has thus been modified to read:
“Accessory dwelling unit” means an attached or a detached residential dwelling unit and garage that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence and garage. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit or a manufactured home, as defined in Section 18007 of the Health and Safety Code.” Finally, we note that state law allows three accessory dwelling units on every single-family zoned property with a primary residence: a junior accessory dwelling unit, a detached accessory dwelling unit, and a conversion accessory dwelling unit created out of existing or proposed square footage of a primary dwelling unit and its garage.

FISCAL IMPACT
None. All ADUs and JADUs will pay applicable fees at the time building permit applications are submitted to the city.

RECOMMENDATION
Staff recommends the following actions:

1. Approve the second reading with revisions 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.

ATTACHMENTS
A. Ordinance No. 1878
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1 CITY OF OROVILLE ORDINANCE NO. 1878

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING ZONING CODE AMENDMENT (ZC) 24-02 AMENDING THE OROVILLE MUNICIPAL CODE BY CHANGING THE TITLE OF SECTION 17.16.010 FROM “SECOND DWELLING UNITS” TO “ACCESSORY DWELLING UNITS” AND AMENDING SECTION 17.16.010 ESTABLISHING REGULATIONS AND

STANDARDS FOR ACCESSORY DWELLING UNITS
WHEREAS, Assembly Bill 1033 went into effect January 1, 2024, which allows accessory dwelling units to be sold independently of the primary dwelling unit on a property in a single-family residential zone; and
WHEREAS, Assembly Bill 1033 authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums, as specified; and WHEREAS, accessory dwelling units are intended to increase the supply of non-transient housing in the State. Accessory dwelling units are permitted in all areas zoned to allow single-family or multifamily dwelling residential uses within the City limits; and
WHEREAS, City staff recommends amending the title of Section 17.010.16 in the Zoning Code from “Second Dwellings” to “Accessory Dwelling Units” and amending the Oroville Municipal Code Section 17.010.16 to establish regulations for accessory dwelling units in compliance with current State law; and WHEREAS, The Planning Commission conducted a public hearing on December 21, 2023, and again on January 25, 2024, where Resolution No. P2023- 23 was subsequently adopted recommending that the City Council adopt zoning code amendment (ZC) 24- 02; and
WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Zoning Code, the 2030 General Plan, and compatible with the uses authorized in the applicable zoning districts for which the revisions are proposed; and
WHEREAS, the proposed Zoning Code Amendment is not subject to the California Environmental Quality Act (CEQA), Class 15301. This ordinance is 173
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2 applicable city-wide to residential properties and structures. The additional residential units created through this ordinance are exempt from density restrictions pursuant to Government Code Section 65852.2.; and
WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the code changes described herein and considered the City’s staff report regarding the project.

NOW, THERFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF OROVILLE DO ORDAIN AS FOLLOWS:

SECTION 1: Findings.

The City Council of the City of Oroville adopts and finds as true and correct the aforementioned recitals and incorporate them herein as findings.

Section 2: Amendment to the Oroville Municipal Code changing the title of 17.16.010 from “Second Dwelling Units” to “Accessory Dwelling Units”.

Section 3: Amendment to the Oroville Municipal Code
The Oroville Municipal Code Section 17.16.010 is hereby amended as follows:

17.16.010 Accessory Dwelling Units.

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

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

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

1. “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence and garage. An expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodating ingress and egress is permitted for accessory dwelling units and junior accessory dwelling units. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

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

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

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

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

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

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

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

9. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
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4 10. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

B. Permit Required.

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

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

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

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

5. The City shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

C. If the City denies a planning department application for an accessory dwelling unit or 176
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5 junior accessory dwelling unit, the City shall, within the time period described within this section, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

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

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

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

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

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

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

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

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

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

7. A JADU is required to include an efficiency kitchen as defined in Section 17958.1 of the State of California Health and Safety Code.
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6 8. For the purposes of fire and life protection ordinances and regulations, a JADU is to be considered part of the single-family dwelling.

9. A JADU shall not be sold separately from the primary residence unless the owner is another governmental agency, land trust, or housing organization.

G. Maximum Number of All Units. For single-family and multi-family zoned properties, a property owner may apply to construct any of the following: 1. The conversion of a portion of an existing or proposed single-family residence or multifamily building and garage to an ADU. 2. One JADU is allowed and must be within the proposed or existing space of a single-family dwelling and garage. 3. One detached new construction ADU not exceeding 850 square feet that does not exceed four-foot side and rear yard setbacks. . 4. Multiple ADUs within the portions of multifamily structures that are not used as livable space at the time of the conversion of the non-residential floor space to an ADU are permitted, and in up to 25 percent of the existing multifamily structures.

5. Up to two detached ADUs on a lot that has existing or proposed multifamily dwellings that are subject to height limits prescribed in Government Code Section 65852.2 (as amended at the time of the building permit application) and four-foot rear and side yard setbacks.

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

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

2. An existing legally authorized accessory structure which does not meet front, rear or side yard setback requirements may be converted to an ADU or reconstructed to the same dimensions as the existing structure and converted to an ADU and would not be 178
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7 considered an expansion of a legal, non-conforming use unless the conversion increases the non-conformity of the structure.

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

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

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

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

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

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

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

10. Fire sprinklers, however, shall not be required in an ADU or JADU if they are not required 179
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8 in the existing single-family or multifamily dwelling.

11. ADU’s and JADU’s shall be prohibited if the proposed property is in a designated Very High Fire Hazard Zone as defined in Government Code Section 51178 unless the property has two separate points of direct access to a highway or other safe egress.

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

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

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

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

15. For an attached ADU, total floor space may not exceed one thousand (1,000) square feet for an attached ADU that provides more than one (1) bedroom, or less than eight hundred fifty (850) square feet for an attached ADU that provides one (1) or less bedroom.

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

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

I. Multi-family zoned property. At least one accessory dwelling unit is allowed within an existing multifamily dwelling and garage, and accessory dwelling units up to 25 percent 180
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9 of the existing multifamily dwelling units are allowed by right. Multiple accessory dwelling units may be created within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. Accessory dwelling units may be created out of existing living space as well. Up to two accessory dwelling units are allowed on each multi-family zoned property, subject to the height and setback restrictions in this ordinance.

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

K. Sale of Accessory Dwelling Units. Junior accessory dwelling units may not be sold separate from the primary residence on a legal lot, except as provided below.

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

1. Any single-family zoned property with a primary residence and a JADU shall be occupied by the property owner in either residence on the subject property. Owner-occupancy shall not be required if the property owner is another governmental agency, land trust, or housing organization.

2. ADUs and JADUs meeting either a) or b) shall not be rented out for less than a thirty-day period.
a) An ADU or JADU located within the existing or proposed space of a single-family residence and garage or accessory structure, the living space has exterior access from the proposed or existing single-family dwelling, and the side and rear setbacks are a minimum of 4 feet.
b) A detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks, has a total floor area limitation of not more than 800 square feet, and a height limitation of 16 feet.

3. Prior to obtaining a certificate of occupancy for an ADU or JADU meeting 2. a) and b) above, a deed restriction, approved by the City, shall be recorded with the County Recorder's office, which shall include the prohibition on the use of any dwelling on the subject parcel for transient habitation. The deed shall state the ADU or JADU lease agreement shall be for a term equal to or greater than thirty (30) days.

4. The property owner containing a JADU shall provide the city, upon written request, a copy of the rental agreement with the renter of the JADU or primary residence, whichever is occupied by a renter The JADU or primary residence may not be sub-let or rented out to another individual or entity by the renter.

5. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Zoning Administrator, providing evidence that the JADU has in fact been eliminated. The City Building Division shall confirm this evidence in writing. The Zoning Administrator may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Zoning Administrator’s determination consistent with other provisions of this code.

6. The deed restriction is enforceable by the zoning administrator or his/her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may 182
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11 result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit.

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

Section 4: Environmental Determination.

Zoning Code Amendment ZC24-02 is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Existing Facilities, Title 14, CCR, §15301. This ordinance is applicable city-wide to existing residential properties and structures in compliance with State planning law. The additional residential units created through this ordinance are exempt from density restrictions pursuant to Government Code Section 65852.2.

Section 5: Severability.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 183
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12 Section 6: Effective Date.

This ordinance shall take effect thirty (30) days after the date of its final adoption.

The City Clerk shall certify to adoption thereof and cause its publication according to law.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on this 21st day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber. City Attorney Kayla Reaster, Assistant City Clerk 184
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1 CITY OF OROVILLE ORDINANCE NO. 1878

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING ZONING CODE AMENDMENT (ZC) 24-02 AMENDING THE OROVILLE MUNICIPAL CODE BY CHANGING THE TITLE OF SECTION 17.16.010 FROM “SECOND DWELLING UNITS” TO “ACCESSORY DWELLING UNITS” AND AMENDING SECTION 17.16.010 ESTABLISHING REGULATIONS AND

STANDARDS FOR ACCESSORY DWELLING UNITS
WHEREAS, Assembly Bill 1033 went into effect January 1, 2024, which allows accessory dwelling units to be sold independently of the primary dwelling unit on a property in a single-family residential zone; and
WHEREAS, Assembly Bill 1033 authorizes a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums, as specified; and WHEREAS, accessory dwelling units are intended to increase the supply of non-transient housing in the State. Accessory dwelling units are permitted in all areas zoned to allow single-family or multifamily dwelling residential uses within the City limits; and
WHEREAS, City staff recommends amending the title of Section 17.010.16 in the Zoning Code from “Second Dwellings” to “Accessory Dwelling Units” and amending the Oroville Municipal Code Section 17.010.16 to establish regulations for accessory dwelling units in compliance with current State law; and WHEREAS, The Planning Commission conducted a public hearing on December 21, 2023, and again on January 25, 2024, where Resolution No. P2023- 23 was subsequently adopted recommending that the City Council adopt zoning code amendment (ZC) 24- 02; and
WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Zoning Code, the 2030 General Plan, and compatible with the uses authorized in the applicable zoning districts for which the revisions are proposed; and
WHEREAS, the proposed Zoning Code Amendment is not subject to the California Environmental Quality Act (CEQA), Class 15301. This ordinance is 185
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2 applicable city-wide to residential properties and structures. The additional residential units created through this ordinance are exempt from density restrictions pursuant to Government Code Section 65852.2.; and
WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the code changes described herein and considered the City’s staff report regarding the project.

NOW, THERFORE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF OROVILLE DO ORDAIN AS FOLLOWS:

SECTION 1: Findings.

The City Council of the City of Oroville adopts and finds as true and correct the aforementioned recitals and incorporate them herein as findings.

Section 2: Amendment to the Oroville Municipal Code changing the title of 17.16.010 from “Second Dwelling Units” to “Accessory Dwelling Units”.

Section 3: Amendment to the Oroville Municipal Code
The Oroville Municipal Code Section 17.16.010 is hereby amended as follows:

17.16.010 Second Accessory Dwelling Units.

Purpose. Accessory dwelling units are intended to increase the supply of non-transient housing. Accessory dwelling units are permitted in all areas zoned to allow single-family or multifamily dwelling residential uses within the City limits unless the water and/or sewer provider indicates in writing to the City Building Department that it has insufficient capacity to serve the accessory or junior accessory dwelling unit. All accessory dwelling units must be rented out for terms longer than thirty (30) days. Any accessory dwelling unit may be rented separate from the primary residence. Any accessory dwelling unit (not including a junior accessory dwelling unit) may be sold separately from the primary residence as described in Government Code Section 65852.2(a)(10)(E) as amended.

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

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

1. “Accessory dwelling unit” means an attached or a detached residential dwelling unit and garage that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence and garage. An expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to accommodating ingress and egress is permitted for accessory dwelling units and junior accessory dwelling units. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes an efficiency unit or a manufactured home, as defined in Section 18007 of the Health and Safety Code.

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

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

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

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

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

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

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

9. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
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4 10. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

B. Permit Required.

1. A planning department application for an accessory dwelling unit (ADU) or a junior accessory dwelling unit (JADU) shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Government Code Section 65901 or 65906 or any City ordinance regulating the issuance of variances or special use permits. The City shall either approve or deny the planning department application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within thirty sixty (360) days from the date the City receives a completed application if there is an existing or proposed single-family or multifamily dwelling on the lot.

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

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

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

4.5.The City shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

C. If the City denies a planning department application for an accessory dwelling unit or 188
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5 junior accessory dwelling unit, the City shall, within the time period described within this section, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

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

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

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

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

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

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

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

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

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

7. A JADU is required to include an efficiency kitchen as defined in Section 17958.1 of the State of California Health and Safety Code.
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6 8. For the purposes of fire and life protection ordinances and regulations, a JADU is to be considered part of the single-family dwelling.

9. A JADU shall not be sold separately from the primary residence unless the owner is another governmental agency, land trust, or housing organization G. Maximum Number of All Units. There are four categories of the allowed number of ADUs and JADUs on a single parcel. (A) One ADU and one JADU are permitted per lot. For single-family and multi-family zoned properties, a property owner may apply to construct any of the following:

1. The conversion of a portion of an existing or proposed single-family residence or multifamily building and garage to an ADU. The 2. One JADU is allowed and must be within the proposed or existing space of a single-family dwelling and garageor existing space of a single-family dwelling or accessory structure. that meets specified requirements such as exterior access and setbacks for fire and safety. (B) 3. One detached new construction ADU not exceeding 850 square feet that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and cannot exceed a maximum unit size of 850 square feet. (C) 4. Multiple ADUs within the portions of multifamily structures that are not used as livable space at the time of the conversion of the non-residential floor space to an ADU are permitted, and in up to 25 percent of the existing multifamily structures. (D) 5. Up to two detached ADUs on a lot that has existing or proposed multifamily dwellings that are subject to height limits prescribed in Government Code Section 65852.2 (as amended at the time of the building permit application) and four-foot rear and side yard setbacks.

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

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

1. The combined site coverage of the primary dwelling unit and any accessory structures on the parcel are limited to the maximum allowable site coverage in the underlying zone district. An ADU square footage is not included in calculating the maximum allowable site coverage in the underlying zone district. A minimum front yard setback of twenty (20) feet is required unless this setback would prohibit the construction of 190
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7 an ADU of less than 800 square feet on the subject property. When necessary to deviate from the twenty (20) foot front yard setback, the required minimum front yard setback to create an ADU of at least 800 square feet will be established on a caseby-case basis as demonstrated on the proposed ADU site plan. A minimum setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU.

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

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

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

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

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

7. A maximum height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
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8 8. A maximum height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This clause shall not require a local agency to allow an accessory dwelling unit to exceed two stories.

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

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

11. ADU’s and JADU’s shall be prohibited if the proposed property is in a designated Very High Fire Hazard Zone as defined in Government Code Section 51178 unless the property has two separate points of direct access to a highway or other safe egress.

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

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

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

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

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

16. Notwithstanding any other provision of this section, an attached unit that qualifies as an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, shall 192
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9 be allowed regardless of the ratio between its floor area and the living area of the existing dwelling unit.

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

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

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

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

MLN. Sale of Accessory Dwelling Unit by a Qualified nonprofit corporation. The City shall allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer as set forth in Government Code 65852.26 as amended, at the time an application under that section is submitted to the city. All conditions of Government Code 65852.26 apply, including but not limited to the requirement for separate utilities for the ADU and a 45-year low-income restriction on the JADU or ADU, whichever is proposed.
(1) For purposes of this section, the following definitions apply:
(a) “Qualified buyer” means persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code. 193
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10 (b) “Qualified nonprofit corporation” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
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11 M NO. Use Restriction.

1. Any single-family zoned property with a primary residence and an JADU constructed after January 1, 2025, shall be occupied by the property owner in either residence on the subject property. “Constructed” shall mean any ADU for which a building permit was applied for after January 1, 2025. Owner-occupancy shall not be required if the property owner is another governmental agency, land trust, or housing organization.

2. ADUs and JADUs meeting either a) or b) shall not be rented out for less than a thirty-day period.
a) An ADU or JADU located within the existing or proposed space of a single-family residence and garage or accessory structure, the living space has exterior access from the proposed or existing single-family dwelling, and the side and rear setbacks are a minimum of 4 feet. b) A detached, new construction, ADU that does not exceed four-foot side and rear yard setbacks, has a total floor area limitation of not more than 800 square feet, and a height limitation of 16 feet.

1.3.Prior to obtaining a building permit certificate of occupancy for an ADU or an ADU or JADU meeting 2. a) and b) above, a deed restriction, approved by the City, shall be recorded with the County Recorder's office, which shall include the prohibition on the use of any dwelling on the subject parcel for transient habitation. The deed shall state the ADU orADU or JADU lease agreement shall be for a term equal to or greater than thirty (30) days.

2.4.The property owner containing a JADU shall provide the city, upon written request, a copy of the rental agreement with the occupant renter of the ADU or JADU or primary residence, whichever is occupied by a renter. The ADU or JADU or primary residence may not be sub-let or rented out to another individual or entity by the occupantrenter.

3.5.The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Zoning Administrator, providing evidence that the ADU or JADU has in fact been eliminated. The City Building Division shall confirm this evidence in writing. The Zoning Administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.

Appeal may be taken from the Zoning Administrator’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the 195
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12 remaining structure and improvements must otherwise comply with applicable provisions of this code.

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

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

Section 4: Environmental Determination.

Zoning Code Amendment ZC24-02 is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Existing Facilities, Title 14, CCR, §15301. This ordinance is applicable city-wide to existing residential properties and structures in compliance with State planning law. The additional residential units created through this ordinance are exempt from density restrictions pursuant to Government Code Section 65852.2.

Section 5: Severability.

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 196
Item 10.
13 Section 6: Effective Date.

This ordinance shall take effect thirty (30) days after the date of its final adoption.

The City Clerk shall certify to adoption thereof and cause its publication according to law.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on this 21st day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber. City Attorney Kayla Reaster, Assistant City Clerk 197
Item 10.

CITY OF OROVILLE

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

LARK MCNEILL, INTERWEST PLANNING GROUP
RE: SECOND READING OF ZONING CHANGE (ZC) 24- 03, AMENDING MUNICIPAL CODE SECTIONS 17.16.150, 17.32.010, 17.34.020, AND

17.36.010 REGARDING MOBILE FOOD VENDORS
DATE: MAY 21, 2024

SUMMARY
The Council will consider adopting Zoning Change ZC 24-03, establishing regulations and standards for mobile food vendor villages and updating regulations for individual food vendors (OMC 17.16.150 et al.)

DISCUSSION
On February 6, 2024, the City Council conducted a public hearing and unanimously approved the first reading of Ordinance No. 1879. The Council directed staff to review the location of existing mobile food vendors on Highway 162 and based on that information make recommendations about allowable quantity and locations.

Code enforcement and Planning staff made a field survey of existing mobile food vendors on Highway 162, Olive Highway, and South Feather River Boulevard. There are currently 12 mobile food vendors operating on these roads, including six mobile food vendors on Highway 162.

After several discussions, staff recommends allowing the six existing mobile food vendors on Highway 162 to remain but not allowing any additional vendors to operate along that corridor. In addition, after 6 months each existing vendor would then be required to re-apply for new or renewed permits.

Staff also recommends that up to three mobile food vendor villages (MFVV’s) could be established in town and be separated by one mile from each other. An MFVV is two or more vendors at the same location. This means the likely locations for such villages are north Oroville (e.g. by Home Depot), on Olive Highway, on South Feather River Blvd, 198
Item 11.

and potentially at or near the Airport. We recommend not allowing an MFVV at Highway 70 and Garden Drive to reserve that location for the highest and best use for this location along highway 70.

Staff has thus modified the draft ordinance as follows:

1. MFVV’s must be separated by at least one mile – only three MFVVs shall be permitted in the city unless in conjunction with special event permits or on city owned property.

2. Mobile food vendors beyond the maximum allowed and MFVVs are prohibited within 500 feet of Highway 162.

3. All existing mobile food vendor permits located on Highway 162 or within 500 feet of Highway 162 will expire 180 days after the adoption of this ordinance and must be renewed or re-applied.

4. Highway Commercial (HC) is no longer a zone district where mobile food vendors and MFVVs are permitted (i.e. Garden Drive).

5. The revised ordinance establishes a 500-foot buffer between brick-and-mortar restaurants and single mobile food vendors. However, mobile food vendors are allowed to operate on the same parcel as a brick-and-mortar restaurant if both are under the same ownership.

6. The revised ordinance establishes a 500-foot buffer from single mobile food vendors and the Downtown Historic Overlay district. This precludes food trucks in downtown and Gateway.

7. A 500-foot buffer between single mobile food vendors and residential zones is required in the revised ordinance.

FISCAL IMPACT
None. All mobile food vendors pay a fee for their administrative permits, and villages in the city are required to pay for a minor use permit application to cover the cost of obtaining city approval.

RECOMMENDATION
Staff recommends the following actions:

1. Approve the second reading and introduce by title only, Ordinance 9215 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OROVILLE AMENDING SECTION 17.16.150, 17.32.010, 17.34.020, AND 17.36.010 OF THE OROVILLE MUNICIPAL CODE REGARDING

MOBILE FOOD VENDING
.

ATTACHMENTS
A. Existing Food Vendors in Oroville as of 3-27-24
B. Ordinance No. 9215
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CITY OF OROVILLE ORDINANCE
No. 1880

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OROVILLE AMENDING SECTION 17.16.150, 17.32.010,

17.34.020, AND 17.36.010 OF THE OROVILLE MUNICIPAL

CODE REGARDING MOBILE FOOD VENDING
WHEREAS mobile food vendors and mobile food vendor villages are popular eating uses which provide economic opportunities throughout California; and
WHEREAS the City of Oroville Municipal Code Section 17.16.150 currently contains few regulations to protect public safety or protect adjacent properties from activities generated by single mobile food trucks and multiple food trucks at one location; and
WHEREAS the City of Oroville Planning Commission held a workshop on a draft mobile food vendor village ordinance on September 28, 2023; and
WHEREAS the City of Oroville Planning Commission held a public hearing on November 16, 2023, on proposed modifications to Section

17.16.150 et al of the City of Oroville Municipal Code, received public comment, and recommended adoption by the City Council of a Notice of Exemption for said modifications and the modifications themselves; and WHEREAS, at a duly noticed public hearing on February 6, 2024, the City Council considered the recommendation of the Planning Commission, property owners, and members of the public who are potentially affected by the changes described herein, and considered the City’s staff report regarding the proposed Amendment; and WHEREAS, on February 6, 2024, the City Council adopted the Notice of Exemption, and requested staff to explore restrictions on mobile food vendors to protect existing retail businesses that sell ready-to-eat food or beverages for on-premises or off-premises consumption, and to return to the City Council with recommendations.

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

Section 1. Findings. The City Council of the City of Oroville adopts and finds as true and correct the aforementioned recitals and incorporates them herein as findings.
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Section 2. Amendment to the City Code. Section 17.16.150, Section 17.32.010, Section 17.34.020, and Section 17.36.010 of the Oroville Municipal Code are amended as indicated in Exhibit 1 of this Ordinance.

Section 3. This ordinance shall become effective on June 1, 2024, or 30 days after the second reading is approved, whichever comes later.

Section 4. The City Clerk shall attest to the adoption of this ordinance.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on May 21, 2024, by the following vote:

AYES
NOES
ABSENT
ABSTAIN:

Mayor, David Pittman
APPROVED AS TO FORM: ATTEST:

City Attorney, Scott E Huber Assistant City Clerk, Kayla Reaster 202
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EXHIBIT 1

17.16.150 Mobile food vending
A. Purpose. The purpose of these regulations is to promote the health, safety, comfort, convenience, prosperity, and general welfare by requiring that new and existing mobile food vendors provide the community and customers with a minimum level of cleanliness, quality and security. These regulations differentiate the difference between a single mobile food vendor at one location, and multiple mobile food vendors at one location.

Single mobile vendors may be permitted to operate by administrative permit approval on private property as shown in Allowable Use Table 17.32.010-1 for commercial zones, Table 17.34.010-1 for mixed use zones, and Table 17.36.010- 1for industrial zones. Uses are subject to the following regulations.

Mobile food vending villages may be permitted to operate by Minor Use Permit on private property as shown in Allowable Use Table 17.32.010-1 for commercial zones, Table 17.34.010-1 for mixed use zones, and Table 17.36.010-1for industrial zones. Uses are subject to the following regulations. Mobile food vending villages on city owned property other than public rights-of-way are exempt from the requirement for a Minor Use Permit but must comply with the same regulations as mobile food vending villages contained in this Section.

B. Definitions.

1. Mobile Food Vendor (MFV). Any food service establishment designed to be readily movable, that sells food or drinks by means of a motorized or nonmotorized vehicle, such as a catering truck, food truck, or other itinerant method, for a period of at least 30 minutes in a single location in which food or drinks are heated or otherwise prepared and then sold. It also includes a nonmotorized vehicle which is not self-propelled or which cannot be moved by a person pushing or pulling such nonmotorized vehicle. Mobile food vendor shall not mean a “sidewalk vendor” as defined by Government Code Sections 51036 to 51039 (SB956) or an ordinance adopted by the city regarding sidewalk vendors.

2. Mobile food vending villages (MFVV) are defined as more than one mobile food vending vehicle stationary on a private property for more than one hour at a time.

3. Vending stations are defined as the motorized or nonmotorized vehicle the mobile food vendor uses to sell food.
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C. Permit requirements for all mobile food vendors, including mobile food vending villages.

1. A single mobile food vendor at any one location shall be required to obtain an administrative permit as provided in this chapter. The permit application shall include the authorization of each property owner where the mobile food vendor intends to vend.

2. Business Tax Certificate. Every mobile food vendor shall obtain a Business Tax Certificate prior to operation.

3. Butte County Environmental Health. A valid permit from the Butte County Environmental Health Department is required and shall be displayed at the mobile food vending vehicle.

4. Permit and license display. At all times while vending, a valid business license shall be displayed at the mobile food vending vehicle.

5. All mobile food vendors shall always display a current business tax certificate and the health department permit in plain view on the exterior of the vending station. In addition, the mobile food vendor shall always have a letter of permission from the owner of the subject property available in the mobile food vehicle.

6. Only nine (9) mobile food vendors shall be permitted on East Highway 162 (Oro Dam Boulevard and Olive Highway). Any existing City issued mobile food vendor permits located on Highway 162 as of the date this ordinance becomes effective shall expire 180 days after the effective date of this ordinance (see also paragraph H below). No new mobile food vendors shall be permitted within 500 hundred feet of the Highway 162 right-of-way line.

7. All mobile food vendors shall be located a minimum of 500 feet from the property line of a parcel where any retail business that sells ready-to-eat food or beverages for on-premises or off-premises consumption is located.

The only exception is mobile food vendors owned and operated by the same food retail business operating on that same parcel.

8. All mobile food vendors shall be located a minimum of 500 feet from the property line of a parcel located in the Downtown Historic Overlay.

9. Hours of operation for mobile food vendors shall be between 6:00 a.m. and 10:00 p.m.

10. The vending station shall always be maintained in good operating condition.

11. The vending station shall not include a permanent foundation or other feature that would constitute an improvement to real property. 204
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12. The vending station shall not discharge any materials onto the sidewalk, gutter, or storm drains.

13. All mobile food vending shall be conducted entirely upon private property and not within any public right-of-way.

14. On developed lots, mobile food vendors shall not operate in parking spaces required to meet minimum parking requirements for any other business on the subject site, block any parking required to adequately serve other businesses, or any driveways or aisles for vehicular circulation on the subject site.

15. All mobile food vendors shall maintain a 10-foot minimum setback from the property lines and public sidewalks, curbs, and gutters.

16. Mobile food vendors shall keep the subject property and adjacent right-ofway free of litter within 200 feet of the vehicle.

17. All refuse shall be removed from the site and properly disposed of daily.

18. All mobile vendors shall provide covered garbage, recycling, and compost containers as required by the Butte County Environmental Health Department. No garbage, recycling, and compost containers will be permitted to remain on-site unless stored within a solid storage structure.

19. No single mobile vendor shall use, play, or employ any sound outcry, amplifier, loudspeaker, radio or any other instrument or device to produce sound in connection with the promotion of a vending operation.

20. Signage for single mobile food vendors shall be located on the vending equipment and is subject to the requirements of City of Oroville Municipal Code, Chapter 17.20, Signs.

21. No mobile food vendor shall sell alcoholic beverages, non-food items, cannabis products, illegal drugs, adult-oriented material depicting, describing, or relating to sexual activities, and any other products prohibited by local, state and federal laws.

22. After the permitted hours of operation, all mobile food vendors located on undeveloped property shall move their mobile food vending equipment and trash containers, including the mobile vehicle itself, off-site or within an approved, enclosed structure on site. Mobile food vendors located on the same property as their commissary may store their vehicles overnight on the same property.

23. Mobile food vendors shall not encroach on a public sidewalk or curb with any part of a vehicle, wagon, trailer or truck or any other equipment related to the operation of the business.
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D. Standards for Mobile Food Vendor Villages
Minor Use Permit. Mobile food vending villages shall require the approval of a Minor Use Permit (MUP). The approval shall be specific to a location and shall not be transferable to other locations or operators. The permit application shall include the authorization of each property owner where the mobile food vendor intends to vend.

Operation of a mobile food vending village shall not be permitted pursuant to California Senate Bill No. 946, as specified in Government Code Sections 51036 – 51039, Sidewalk Vendors.

1. No more than three mobile food vendor villages shall be approved at one time within the city limits, except groups of mobile food vendors approved in conjunction with a special event permit or located on city owned property.

2. All mobile food vendor villages shall be located a minimum of one mile apart as measured from the property line on which there is an existing or proposed mobile food vending village to the property line on which there is an existing or proposed mobile food vending village.

3. No mobile food vendor villages shall be permitted within 500 hundred feet of the Highway 162 right-of-way line.

4. All mobile food vendor villages shall be located a minimum of 500 feet from the property line of a parcel where any retail business that sells ready-to-eat food or beverages for on-premises or off-premises consumption is located.

5. All mobile food vendor villages shall be located a minimum of 500 feet from residential zones.

6. Hours of operation for mobile food vendor villages shall be between 6:00 a.m. and 10:00 p.m., or as specified in the Minor Use Permit conditions of approval for that site.

7. Applications for mobile food vending villages shall include the location and description of any proposed outdoor dining area, including tables, chairs, and shade structures.

8. If the proposed location is on an unimproved property, the area that the mobile food vendors will be parked on in addition to associated customer parking shall be paved or chip-sealed or other types of surfaces deemed appropriate. The requirements of Municipal Code Section 17.12.070, Parking shall be met for customer parking. Other hard surfaces may be approved by the Zoning Administrator in the conditions of approval for the Minor Use Permit.

9. Mobile food vendor villages shall be permitted a maximum of two A-frame signs subject to the requirements of the Oroville Municipal Code, Chapter 17.20, Signs. 206
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10.No more than two hundred (200) square feet within a mobile food vendor village site or on property adjacent to a mobile food vendor village site shall be occupied by musical instruments, equipment, amplifiers, or bandstand. No music is allowed if there are less than two mobile food vendors at the site while music is being played or amplified.

11.No temporary or permanent chairs, tables, shade structures or other site furniture is permitted except as specified in the Mobile Food Vendor Village Minor Use permit conditions of approval. Shade structures may require prior approval from the Fire Department dependent on shade structure size and materials.

12.Building Division and Fire Department. All necessary permits and approvals from the Building Division and the Fire Department shall be obtained prior to operation of a mobile food vending village.

13.Individual mobile food vendors within a mobile food vendor village shall maintain their immediate sales location in a clean and hazard-free condition.

14.Optional on-site storage structures may be permitted as conditioned within the Minor Conditional Use permit. All structures shall be placed on a concrete foundation. Building permits shall be issued for the structures as determined by the City Building Code. One metal storage container no larger than 200 square feet may be placed on-site for use by the mobile food vendors. The storage container shall always be painted a dull beige color or as specified within the conditions of approval of the MUP. Any graffiti painted on the storage container shall be repainted with the base wall color within forty-eight (48) hours’ notice by the City to the property owner by the property owner. A deposit of $5,000.00 shall be deposited with the City Finance Department prior to placing the metal storage container on-site to guarantee that the container(s) will be removed from the site when the mobile food vendor use on the site discontinues for more than thirty (30) days.

15.To prevent the activities of the mobile food vendor village from intruding onto the public street or adjacent properties, the Zoning Administrator may determine that permanent or temporary barriers shall be installed along street frontages or property lines based on the location of the proposed mobile food vendor village.

Any barrier shall be installed and maintained by the property owner. Failure to maintain the barrier shall be reason for revocation of the MUP if the property owner fails to remedy the barrier condition within fourteen (14) days of receiving written notice from the city to repair/replace the designated barrier. 207
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E. Penalties and Fines
Any violation of this section by any individual holding a valid mobile food vendor permit is punishable as follows:

Any person found vending without a mobile food vending permit shall immediately cease vending and the activity is punishable by the following in lieu of the administrative fines set forth above:

F. Approvals. All City issued mobile food vendor permits (administrative, ministerial, or conditional use permit approval) issued after the effective date of this ordinance shall be valid for a period of one year from the date of approval. Any existing City issued mobile food vendor permits as of the date this ordinance becomes effective shall expire 180 days after the date of the effective date of this ordinance. All mobile food vendors must apply for a new mobile food vendor permit within 180 days of the effective date of this ordinance and comply with all regulations in this Section.

G. Revocation An administrative permit may be modified or revoked by the Zoning Administrator, pursuant to Oroville Municipal Code Section 17.48.020 should the conditions in that section apply. A MUP may be modified or revoked by the Planning Commission pursuant to Oroville Municipal Code Section 17.48.010.F should the conditions in that Section apply.

First Violation Administrative Fine of $100
Second Violation Within One Year of First Administrative Fine of $200 Each Addition Violation within One Year of
First
Administrative Fine of $500
Fourth and Subsequent Violations Revocation of Permit
First Violation Administrative Fine of $250
Second Violation Within One Year of First Administrative Fine of $500 Each Addition Violation within One Year of
First
Administrative Fine of
$1,000
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Table 17.32.010-1 relating to Commercial districts is amended to read:
§ 17.32.010. Allowed uses in commercial districts.

The uses allowed in commercial districts shall be as shown in Table 17.32.010-1. These uses include:

A. Permitted Use (P). Uses that are shown with a "P" shall be permitted, subject to obtaining a zoning clearance, as provided in Section 17.48.030 (Zoning clearances) of this title, as well as any building permits or other permits required by this Code.

B. Administrative Permit Required (AP). Uses that are shown with an "AP" shall be subject to obtaining an administrative permit, as provided in Section 17.48.020 (Administrative permits) of this title.

C. Use Permit Required (UP). Uses that are shown with a "UP" shall be subject to obtaining a use permit, as provided in Section 17.48.010 (Use permits) of this title.

D. Use-Specific Regulations (S). Uses that are shown with an "S" shall be subject to permit requirements as provided in the specific regulations for that use. The table indicates where the use- specific regulations are located in this Code.

E. Use Not Allowed (-). Uses that are shown with a "-", or that are not listed, shall not be allowed, except as provided in Sections 17.08.090 (Interpretation regarding allowable uses of land) and

17.48.090 (Nonconforming uses and structures) of this title.

Table 17.32.010-1
Allowed Uses in Commercial Districts
Key
P Permitted use,subject to zoning clearance
AP Administrative permit required
UP Use permit required
S See use-specific regulations for permit requirement
- Use not allowed
Land Use
Zoning Districts Use-Specific
CN C-1 C-2 CH CLM OF Regulations
Local Food Uses
Neighborhood food and
beverage sales
AP AP AP AP AP AP 17.16.220
(Neighborhood food and
beverage sales)
Urban agriculture S S S S S S 17.16.230
(Urban agriculture)
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Land Use
Zoning Districts Use-Specific
CN C-1 C-2 CH CLM OF Regulations
Public Assembly
Carnival, circus or fair AP AP AP AP AP UP 17.16.060
(Temporary uses and
buildings)
Commercial recreational facility-indoor,
10,000 square feet or
less of gross floor area

UP P P P UP - -
Commercial recreational facility-indoor,
more than 10,000
square feet of gross
floor area
- UP P UP UP - -
Commercial recreational facility-outdoor
- UP P - UP - -
Concert or performance AP AP AP AP AP - 17.16.060
(Temporary uses and
buildings)
Library or museum - UP UP UP UP UP -
Meeting facility—10,000
square feet or less of
gross floor area

P P P UP UP P -
Meeting facility—more
than 10,000 square feet
of gross floor area
- UP P - UP UP -
Park or playground UP UP UP UP UP UP -
School, public - P P UP UP UP -
School, private - P P - - UP -
Training facility - UP UP - - UP -
Residential
Caretaker residence UP UP UP UP UP - -
Family day care, large S S S S S - 17.16.050
(Family day care homes)
Family day care, small P P P P P - 17.16.050
(Family day care homes)
Home occupation, lowimpact
P P P - - - 17.16.040
(Home occupations)
Home occupation, moderate-impact
AP AP AP - - - 17.16.040
(Home occupations)
Residential care facility
—6 units or fewer

P P P P P - -
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Land Use
Zoning Districts Use-Specific
CN C-1 C-2 CH CLM OF Regulations
Residential care facility
—7 units or more
- - - - - - -
Retail
Alcoholic beverage
sales

UP UP UP - - - -
Building supply - - P - P - -
Cannabis retail - - - - - -
Equipment and machinery sales or rental
- - P - P - -
Drive-through establishment— pharmacy
P P P P P - 17.16.080
(Drive-through
establishments)
Drive-through establishment—all other uses
UP UP UP UP UP - 17.16.080
(Drive-through
establishments)
Farmers' market AP AP AP AP AP AP 17.16.060
(Temporary uses and
buildings)
Food and beverage
sales—10,000 square
feet or less of gross
floor area

P P P P P - -
Food and beverage
sales—10,001 to
40,000 feet of gross
floor area

UP P P UP - - -
Food and beverage
sales—more than
40,000 square feet of
gross floor area
- P P UP - - -
Funeral merchandise
sales
- UP UP - - UP -
Gas station - UP P P P - 17.16.070
(Gas stations)
General retail—10,000
square feet or less of
gross floor area

P P P P P - -
General retail—10,001
to 40,000 feet of gross
floor area

UP P P UP P - -
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Land Use
Zoning Districts Use-Specific
CN C-1 C-2 CH CLM OF Regulations
General retail—more
than 40,000 square feet
of gross floor area
- UP P UP UP - -
Mobile food vendor AP AP AP AP AP AP 17.16.150
(Mobile food vending)
Mobile Food Vendor
Village
UP UP UP - UP - 17.16.150 (Mobile food
vending)
Pet store UP UP UP - - - 17.16.120
(Animal keeping)
Plant nursery or garden
supply store

UP P P P - - -
Restaurant or café P P P P P - -
Seasonal holiday agricultural sales
AP AP AP AP AP - 17.16.060
(Temporary uses and
buildings)
Shopping center UP UP P UP UP - -
Smoke shop UP UP UP UP UP UP 17.16.190
(Smoke shops)
Vehicle sales—automobile, new
- UP P UP P - -
Vehicle sales—all other - - UP UP UP - -
Services
Animal grooming UP UP UP - - - 17.16.120
(Animal keeping)
Animal keeping,
noncommercial
P P P P P - 17.16.120
(Animal keeping)
Bank or financial
service

P P P - P P -
Bed and breakfast UP P P P - - -
Business support
service

P P P P P P -
Cannabis testing - - - - - -
Car wash - UP P P P - 17.16.090
(Car and vehicle
washes)
Catering service - P P - P - -
Child day care center P P P UP UP - -
Gym P P P - P - -
Hospital - UP UP - - - -
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Land Use
Zoning Districts Use-Specific
CN C-1 C-2 CH CLM OF Regulations
Hotel or motel - UP P UP UP - -
Instructional or production studio

P P P - P P -
Kennel - - UP - UP - 17.16.120
(Animal keeping)
Mortuary - UP UP UP P UP -
Office—professional P P P - P P -
Office—all other P P P - P P -
Outpatient services UP P P - - - -
Personal services—lowimpact

P P P P P - -
Personal services—
moderate-impact

UP UP UP UP UP - -
Recreational vehicle
(RV) park
- - UP P UP - -
Substance abuse
counseling
- - P - P - -
Temporary real estate
office
AP AP AP AP AP AP 17.16.060
(Temporary uses and
buildings)
Temporary uses not
listed here
S S S S S S 17.16.060
(Temporary uses and
buildings)
Veterinarian UP UP P - P - 17.16.120
(Animal keeping)
Manufacturing, Wholesale, Repair and Storage
Food or beverage
production
- UP UP - UP - -
Landscape material
sales
- UP UP - P - -
Manufacturing—20,000
square feet or less of
gross floor area
- UP P - P P -
Manufacturing—more
than 20,000 square feet
of gross floor area
- - UP - UP UP -
Metalwork—20,000
square feet or less of
gross floor area
- UP UP P P UP -
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Land Use
Zoning Districts Use-Specific
CN C-1 C-2 CH CLM OF Regulations
Metalwork—more than
20,000 square feet of
gross floor area
- - UP UP UP UP -
Mini-storage facility S S S - S - 17.16.060

17.44.060
(MS-O-Mini-storage
overlay)
Outdoor storage—250
square feet or less
P P P P P P 17.16.140
(Outdoor storage)
Outdoor storage—more
than 250 square feet
UP UP P UP P UP 17.16.140
(Outdoor storage)
Recycling facility or
center
- UP P - P - -
Repair service, large
equipment— 20,000
square feet or less of
gross floor area

UP UP P P P - -
Repair service, large
equipment—more than
20,000 square feet of
gross floor area
- - UP UP UP - -
Repair service, small
appliances

P P P - P - -
Research laboratories - - UP - UP UP -
Scrap or dismantling
yard
- - - - UP - -
Vehicle service or repair - UP P P P - -
Warehousing - - - - P - -
Transportation and Infrastructure
Parking garage or lot as
primary use

UP UP P - UP UP -
Public safety facility UP UP UP UP UP UP -
Solar energy system,
Tier 1
P P P P P P 17.16.180
(Solar energy systems)
Solar energy system,
Tier 2
AP AP AP AP AP AP 17.16.180
(Solar energy systems)
Solar energy system,
Tier 3
UP UP UP UP UP UP 17.16.180
(Solar energy systems)
Utility building or
substation

P P P P P P -
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Land Use
Zoning Districts Use-Specific
CN C-1 C-2 CH CLM OF Regulations
Vehicle depot -
(Ord. 1749 § 4; Ord. 1763 §§ 18, 23, 24, 26; Ord. 1769 § 9; Ord. 1775 § 7; Ord. 1778 § 4; Ord. 1784
§ 7; Ord. 1794 § 2; Ord. 1819 § 7, 2017; Ord. 1830 § 6, 2018; Ord. 1834 § 4, 2019; Ord. 1850 § 3, 2021)
Table 17.34.020-1 relating to Mixed Use districts is amended to read:

Table 17.34.020-1 shows the uses allowed in the mixed-use districts. These uses include:

A. Permitted Use (P). Uses shown with a "P" are permitted by-right with zoning clearance approval. See Section 17.48.030 (Zoning clearances).

B. Administrative Permit Required (AP). Uses shown with an "AP" require an administrative permit. See Section 17.48.020 (Administrative permits).

C. Use Permit Required (UP). Uses shown with a "UP" require a use permit. See Section

17.48.010
(Use permits).

D. Use-Specific Regulations (S). Uses shown with an "S" must comply with specific regulations for that use. The table identifies the section number for the use-specific regulations.

E. Use Not Allowed (-). Uses shown with a "-" or that are not listed, are not allowed.

Table 17.34.020-1: Allowed Uses in Mixed-Use Districts
Key
P Permitted use,subject to zoning clearance
AP Administrative permit required
UP Use permit required
S See use-specific regulations for permit requirement
- Use not allowed
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Land Use
Zoning Districts
MXD MXN MXC Use-Specific Regulations
Local Food Uses
Neighborhood food and beverage sales
AP AP AP 17.16.220
(Neighborhood food and
beverage sales)
Urban agriculture S S S 17.16.230
(Urban agriculture)
Public Assembly
Carnival, circus or fair AP AP AP 17.16.060
(Temporary uses and
buildings)
Commercial recreational facility
—indoor, 10,000 square feet or
less of gross floor area

UP UP P
Commercial recreational facility
—indoor, more than 10,000
square feet of gross floor area

UP UP UP
Commercial recreational facility
—outdoor
- - UP
Concert or performance AP AP AP 17.16.060
(Temporary uses and
buildings)
Library or museum UP UP UP
Meeting facility—10,000 square
feet or less of gross floor area
P P P
Meeting facility—more than
10,000 square feet of gross floor
area

UP UP P
Park or playground UP UP UP
School, public UP UP UP
School, private UP UP UP
Training facility UP UP UP
Residential [1]
Caretaker residence UP UP -
Family day care, large S S S 17.16.050
(Family day care homes)
Family day care, small P P P 17.16.050
(Family day care homes)
Home occupation, low-impact S S S 17.16.040
(Home occupation)
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Page | 17
Home occupation, moderateimpact
S S S 17.16.040
(Home occupation)
Mixed-use development P P P 17.16.030
(Mixed-use development)
Multiple-family dwellings [1] - P P
Residential care facility—6 units
or fewer
P P P
Residential care facility—7 units
or more

UP UP -
Retail
Alcoholic beverage sales UP UP UP
Building supply - - -
Equipment and machinery sales
or rental
- - -
Drive-through establishment—
pharmacy
- - UP 17.16.080
(Drive-through
establishments)
Drive-through establishment all
other uses
- - UP 17.16.080
(Drive-through
establishments)
Farmers market AP AP AP
Food and beverage sales—
10,000 square feet or less of
gross floor area
P P P
Food and beverage sales—
10,001 to 40,000 square feet of
gross floor area
UP P P
Food and beverage sales—
more than 40,000 square feet of
gross floor area

UP UP P
Funeral merchandise sales UP UP UP
Gas station - - UP 17.16.070
(Gas stations)
General retail—10,000 square
feet or less of gross floor area
P P P
General retail—10,001 to
40,000 feet of gross floor area
UP P P
General retail—more than
40,000 square feet of gross floor
area
- UP UP
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Page | 18
Land Use
Zoning Districts
MXD MXN MXC Use-Specific Regulations
Mobile food vendor AP AP AP 17.16.150
(Mobile food vending)
Mobile food vendor village - UP UP 17.16.150 (Mobile food vending)
Pet store UP UP UP 17.16.120
(Animal keeping)
Plant nursery or garden supply
store

UP UP P
Restaurant or café P P P
Seasonal holiday agricultural
sales
AP AP AP 17.16.060
(Temporary uses and
buildings)
Shopping center, 1,000 square
feet or less of gross floor area
P P P
Shopping center, 1,000 square
feet or greater of gross floor area
P UP P
Smoke shop UP UP UP 17.36.010
(Allowed uses in industrial
districts)
Vehicle sales—automobile, new - - P
Vehicle sales—all other - - UP
Services
Animal grooming UP UP UP 17.16.120
(Animal keeping)
Animal keeping, noncommercial P P P 17.16.120
(Animal keeping)
Bank or financial service P P P
Bed and breakfast P P P
Business support service P P P
Car wash - UP UP 17.16.090
(Car and vehicle washes)
Catering service P P P
Child day care center P P P
Gym P P P
Hospital - - -
Hotel or motel UP - UP
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Page | 19
Land Use
Zoning Districts
MXD MXN MXC Use-Specific Regulations
Instructional or production studio P - P
Kennel - - UP 17.16.120
(Animal keeping)
Mortuary UP - UP
Office—professional P P P
Office—all other P P P
Outpatient Services UP UP UP
Personal services—low-impact P P P
Personal services—moderateimpact

UP UP UP
Temporary real estate office AP AP AP 17.16.060
(Temporary uses and
buildings)
Temporary uses not listed here S S S 17.16.060
(Temporary uses and
buildings)
Veterinarian UP UP P 17.16.120
(Animal keeping)
Manufacturing, Wholesale, Repair, and Storage
Food or beverage production UP - UP
Landscape material sales - - UP
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Page | 20
Land Use
Zoning Districts
MXD MXN MXC Use-Specific Regulations
Manufacturing—20,000 square
feet or less of gross floor area

UP - UP
Metalwork—10,000 square feet
or less of gross floor area

UP - UP
Mini-storage facility - - - 17.44.060
(MS-O: mini-storage
overlay)
Outdoor storage—250 square
feet or less
- - P 17.16.140
(Outdoor storage)
Outdoor storage—more than
250 square feet
UP UP UP 17.16.140
(Outdoor storage)
Repair service, large equipment
—20,000 square feet or less of
gross floor area
- - UP
Repair service, small appliances P P P
Transportation and Infrastructure
Parking garage or lot as primary
use

UP UP UP
Public safety facility UP UP UP
Solar energy system, Tier 1 P P P 17.16.180
(Solar energy systems)
Solar energy system, Tier 2 AP AP AP 17.16.180
(Solar energy systems)
Solar energy system, Tier 3 UP UP UP 17.16.180
(Solar energy systems)
Utility building or substation P P P
Note:
[1] Residential uses in the downtown mixed-use district are permitted only on upper stories above ground floor commercial uses.
(Ord. 1819 § 8, 2017; Ord. 1830 § 7, 2018)
220
Item 11.

Page | 21
Table 17.36.010-1 relating to Industrial districts is amended to read:

The uses allowed in industrial districts shall be as shown in Table 17.36.010-1. These uses include:

A. Permitted Use (P). Uses that are shown with a “P” shall be permitted, subject to obtaining a zoning clearance, as provided in Section 17.48.030, as well as any building permits or other permits required by this Code.

B. Administrative Permit Required (AP). Uses that are shown with an “AP” shall be subject to obtaining an administrative permit, as provided in Section 17.48.020.

C. Use Permit Required (UP). Uses that are shown with a “UP” shall be subject to obtaining a use permit, as provided in Section 17.48.010.

D. Use-Specific Regulations (S). Uses that are shown with an “S” shall be subject to permit requirements as provided in the specific regulations for that use.

The table indicates where the use- specific regulations are located in this Code.

E. Use Not Allowed (—). Uses that are shown with a “—,” or that are not listed, shall not be allowed, except as provided in Sections 17.08.090 and 17.48.090.

Table 17.36.010-1
AllowedUsesin
Industrial Districts
Zoning Districts
Land Use AB
P
M-1 M2Use-Specific
Regulations
Public Assembly
Carnival, circus or fair AP AP AP 17.16.060
Commercial recreational facility — UP UP
Concert or performance AP AP AP 17.16.060
Library or museum — UP UP
Meeting facility — UP UP
Park or playground — UP UP
Training facility UP P P
Zoning Districts
Land Use ABP M-1 M- Use-Specific
221
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Page | 22
2 Regulations
Residential
Caretaker dwelling unit P P P
Retail
Adult-oriented business — S S 17.16.110
Building supply — UP UP
Cannabis retail — — —
Drive-through establishment — UP UP 17.16.080
Equipment and machinery sales or rental — UP P
Farmers market AP AP AP 17.16.060
Food and beverage sales—10,000 sq. ft. or
less of gross floor area P P P
Food and beverage sales—more than
10,000 sq. ft. of gross floor area — — —
Gas station — UP UP 17.16.070
General retail—10,000 sq. ft. or less of gross
floor area UP UP UP
General retail—more than 10,000 sq. ft. of
gross floor area — UP UP
Mobile food vendor — S S 17.16.150
Mobile food vendor village UP UP UP 17.16.050
Plant nursery or garden supply store — UP UP
Restaurant or café UP UP UP
Seasonal holiday agricultural sales AP AP AP 17.16.060
Smoke shop — UP UP 17.36.010
Vehicle sales — UP UP
Services
Business support service P P P
Car wash — UP UP
Catering service — UP UP
Zoning Districts
Land Use ABP M-1 M2Use-Specific
Regulations
Child day care UP UP UP
Instructional or production studio — P P
Kennel — UP UP 17.16.120
Marijuana dispensary — — —
Office—professional P UP UP
Office—all other P UP UP
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Page | 23
Outpatient services — — —
Substance abuse counseling — — —
Temporary real estate office AP AP AP 17.16.060
Temporary uses not listed here S S S 17.16.060
Veterinarian — P P 17.16.120
Manufacturing, Wholesale, Repair and Storage
Cannabis cultivation — — —
Cannabis distribution — — —
Cannabis manufacturing — — —
Cannabis microbusiness — — —
Cannabis nursery — — —
Cannabis testing — — —
Food or beverage production — UP P
Landscape material sales — UP P
Manufacturing—40,000 sq. ft. or less of gross
floor area P P P
Manufacturing—more than 40,000 sq. ft. of
gross floor area UP UP P
Metalwork—40,000 sq. ft. or less of gross
floor area
P P P
Metalwork—more than 40,000 sq. ft. of gross
floor area

UP UP P
Mini-storage facility — S S 17.44.060
Outdoor storage—500 sq. ft. or less P P P 17.16.140
Outdoor storage—more than 500 sq. ft. UP P P 17.16.140
Recycling facility or center — P P
Repair service, large equipment P P P
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Page | 24
Zoning Districts
Land Use ABP M-1 M-2 Use-Specific
Regulations
Repair service, small appliances P P P
Research laboratory UP P P
Scrap or dismantling yard — — UP
Vehicle services and repair — P P
Warehousing P P P
Wholesaling and distribution UP P P
Agricultural and Resource-Based Uses
Surface mining — — UP Chapter 15.92
Transportation and Infrastructure
Parking garage or lot as primary use — UP UP
Public safety facility P P P
Solar energy system, Tier 1 P P P

17.16.180 (Solar
energy systems)
Solar energy system, Tier 2 AP AP AP

17.16.180 (Solar
energy systems)
Solar energy system, Tier 3 UP UP UP

17.16.180 (Solar
energy systems)
Utility building or substation P P P
Vehicle depot — P P
(Ord. 1749 § 4; Ord. 1759 § 1; Ord. 1769 § 10; Ord. 1775 § 8; Ord. 1778 § 5; Ord. 1784 § 8; Ord. 1794 §
2; Ord. 1819 § 9, 2017; Ord. 1830 § 8, 2018; Ord. 1834 § 5, 2019) 224
Item 11.

BBQ
Mexican
Mexican
Expired
?
1450 Oro Dam Blvd
1115 Oro Dam Blvd E
2358 Lincoln St.
555 Oro Dam Blvd
?
Pillo’s Tacos Lic# 10002451
2710 Feather River
Expired
Sweetwater Shaved Ice Lic# 10002113
Tito’s Tacos Lic# 10002451
Weenie’s Lic# 10002983
935 Oro Dam Blvd E
601 Oro Dam Blvd E
Business Name and Address Type of Food
Sweet Leilanis Lic# 10003416
3034 Olive Hwy
Tacos El Mariachi Lic#10003093
El Grullense #2 Lic#10003136
Amazing Asian Food Lic#10003289
La Michoacana Lic# 10003290
El Cazador #2 Lice# 10003317
Spice Haul Lic# 10003335
Tinoco’s Tacos Lic# 10003343
Thomas Concessions Lic# 10003352
Garretts Back Home Barbecue Lic#
10003394
1715 Feather River Blvd
Expired
Mexican
Mexican
Mexican
Mexican
Asian
Taqueria Hidalgo #3 (lic #?)
2557 Olive Hwy Mexican
Righteous Burger (lic #?)
2557 Olive Hwy Temporarily Closed
Food Truck Data as of 3-27-24
225
Item 11.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: CALIFORNIA WATER SERVICE FLOURIDATION
DATE: MAY 21, 2024

SUMMARY
The Council will consider whether California Water Service (CalWater) should continue to be required to add fluoride to drinking water that is provided to its customers residing within the City of Oroville.

DISCUSSION
On February 1, 1954, the Oroville City Council passed a resolution requesting that California Board of Public Health issue a permit to CalWater, authorizing CalWater to add fluoride to domestic water supply provided to the City residents. In addition, the resolution requested that CalWater obtain said permit. In 1957, CalWater started to fluoridate the drinking water within the City limits.

State law currently requires systems with 10,000 or more service connections to fluoridate water if public funds are available to do so. In 2018, 59% of water systems in California treated their water with fluoride (down from 64%in 2014). Currently public funds are not available for this service.

There are differing opinions on the potential benefits of adding fluoride to water. In 1954, this matter was brought before the Oroville City Council at the request of many Oroville residents, as a way to help prevent tooth decay. Since this time, other methods have been introduced as a way to apply fluoride to your teeth.

FISCAL IMPACT
None.

RECOMMENDATION
Receive public input on the fluoridation of drinking water provided by CalWater; and Provide any direction to staff.
226
Item 12.

ATTACHMENTS

1. Resolution 1436

2. Resolution 1438
227
Item 12.
228
Item 12.
229
Item 12.
230
Item 12.
231
Item 12.
232
Item 12.

Cal Water Oroville: Fluoridation
Requirement for Cal Water to add fluoride to finished water Loni Lind, Local Manager
Cal Water Oroville
• High quality drinking water in Oroville since 1927
• 52 miles of main, 2 storage tanks (2.45 Mgal)
• Water comes from the Thermalito Canal – from Lake Oroville • 2 Standby wells (PFAS), 1 well with GAC removal of PFAS • Interties with neighboring agencies
• 3,504 service connections, serving estimated 11,536 population • We are Treatment Operators: Protecting customer health and safety is our highest priority.
2 What is fluoride?
3 • Naturally occurring in soil, not in human body
• Uptaken by plants, soluble in water
• Replaces an ion in hydroxyapatite -->
fluorapatite
• Harder, less susceptible to acid dissolution,
more brittle
• Odorless, colorless, toxic at high concentrations
Regulatory History – EPA, DDW
• 1909-1944: Observation of inverse correlation between brown teeth staining (fluorosis) and dental caries
• 1914: Fluoride is added to toothpaste (marketed in 1956 as “anticavity”) • 1945-1955: 3 cities elect to pilot water fluoridation • 1954: City of Oroville asks Cal Water to fluoridate
• Cal Water says “no thank you”
• 1954: City of Oroville and Butte County petition CPUC to require Cal Water to fluoridate
• 1957: Decision passed by CPUC requiring Cal Water to fluoridate 4 EPA Fluoridation Rule
Article 4.1. Fluoridation
§64433. System Requirements and Exemptions.
(a) Any public water system with 10,000 service connections or more that does not have a fluoridation system shall install such a system pursuant to the requirements in this article if the State Board identifies a source of sufficient funds not excluded by Health and Safety Code section 116415 to cover capital and any associated costs necessary to install such a system.
5 6
Why are we here?
7 • Cal Water will continue to fluoridate
as long as required
• Necessarily neutral
• Customer concerns expressed in the
last 5 years
• Expensive to remove
• Mandated pharmaceutical dosage
• Willingness to choose
8 • Cons
• Cavities may increase
• Dental bills may increase
• Pros
• Fluoride becomes optional (toothpaste) instead of mandated (drinking water) • Cost savings – small, but chemical costs are rising
Cal Water is necessarily neutral.

If Fluoridation is Discontinued: Pros/Cons
9 Questions?
Loni Lind
[email protected]
05/21/2024 Monthly Report Page 1 of 3

OROVILLE CITY COUNCIL

MONTHLY REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS

BRIAN RING, CITY ADMINISTRATOR
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: POLICE DEPARTMENT MONTHLY REPORT FOR APRIL 2024
DATE: MAY 21, 2024

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

Staffing:

Positions Total
staffed
Total
Authorized
Total Vacant
Police Officer 24 30 6
Dispatcher 8 8 0
Municipal Law
Enforcement 10 17 7
Administrative
Personnel 4 4 0

Department Activity:

Events Year to Date
2024
Average Response
Time for Crimes
against persons
*Priority 1 crimes
Average Response
Time for all types of
calls for Service
National Average
Response Time
14,679 4:01 minutes 6:50 minutes 8 - 11 minutes
Patrol Checks and Park Patrols:

Patrol Checks/Park Patrols
APRIL 2024 306
Year to Date 904
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Item i.
05/21/2024 Monthly Report Page 2 of 3
Parking Enforcement Citations Issued:

APRIL 2024 Year to Date 2024 APRIL 2023 Year to date 2023 4 41 13 47
Police Activity:

Arrest
APRIL
2023
APRIL
2024
Year to date
2023
Year to date
2024
Misdemeanor 99 84 341 392
Felony 34 41 138 148
Citations
APRIL
2023
APRIL
2024
Year to date
2023
Year to date
2024
32 33 214 171
Uniform Crime Reporting:

Crimes of Violence APRIL
2024
Year to Date
JANUARY – DECEMBER
Homicide 0 0
Rape 1 2
Robbery 0 2
Aggravated Assault 0 8
Community Navigator:

Contacts Services Received Year to date contacts Year to date services
238 216 372 299
234
Item i.
05/21/2024 Monthly Report Page 3 of 3
SPCA Statistics:

Service Calls by Priority:

Priority Level Number of Calls Total Minutes per call
type
Average response times
Urgent 8 53 6.62
Priority 51 403 7.90
At Officer Convenience 40 254 6.34
After Hours 34 226 6.65
Animal Intake and Outcome Stats:

Total Animals taken
in from City
Total Animals
outgoing
Cats Dogs Other Bird Livestock
106 98 41 60 3 2 0
*The remaining difference from intakes to outcome total represents animals that have not yet had an outcome and are still in the facility.

Animal Outcomes:

Outcome Type Totals Dogs Cats Livestock Birds Other
Adoption 1 0 0 0 0 1
Died 5 1 4 0 0 0
Disposal 8 1 6 0 0 1
Euthanasia 62 25 32 0 2 3
RTO 21 19 2 5 0 0
Transfer 1 1 0 0 0 0
Foster 0 0 0 0 0 0
*Others are wild animals such as bats, skunks, snakes, possums, etc SPCA After-hours call outs:

APRIL 2024
34 Shoes for Kids:

Shoes Provided Socks Provided
0 0 Pkg
This program provides shoes and socks for children of our community. This program is funded by Department member donations and community donations.

FISCAL IMPACT
No impact to the General Fund.

RECOMMENDATIONS
None
235
Item i.
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Item ii.