Oroville City Council
June 4, 2024

June 04, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
June 04, 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 June 04, 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 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

2. Conference with Legal Counsel – Significant exposure to litigation pursuant to § 54956.9(b): (1 Case)

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. HMONG AMERICAN VETERANS & MEMORIAL DAY
The Oroville City Council may consider adopting Resolution No. 9258 in recognition of Hmong American Veterans and Memorial Day.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9258 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 June 04, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 7

CONSENT CALENDAR
Consent calendar items 1 – 4 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. AMENDMENT TO THE CONTRACT WITH ROBERT T. MARCINIAK (MARCINIAK

CONSULTING SERVICES) FOR SUPPLEMENTAL BENEFITS FUND ADMINISTRATION The City Council will consider an amendment to the contract with Robert T. Marciniak (Marciniak Consulting Services) for services related to the administration of the Supplemental Benefits Fund.

ACTION REQUESTED -
APPROVE THE AMENDMENT TO CONTRACT NO. 3242-2; AND
AUTHORIZE THE MAYOR TO SIGN.

2. AUTHORIZATION TO INCREASE FUNDS TO PURCHASE TOOLS SETS FOR THE

MECHANIC SHOP
Staff is seeking Council approval to increase financial authority needed for the purchase of two comprehensive, professional tools from Snap on tools for maintaining the City's vehicles and machinery, supporting the diagnosing and repairing City-owned assets.

ACTION REQUESTED -
AUTHORIZATION TO INCREASE FUNDING TO $80,000 FOR THE PURCHASE OF TWO MECHANIC TOOL SET.

3. FORECLOSURE OF 2170 MITCHELL AVENUE
The City Council may consider initiating foreclosure proceedings related to the City of Oroville’s interest in the Deed of Trust against the property located at 2170 Mitchell Ave., Oroville (APN 012-253-018).

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9260 -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 2170 MITCHELL AVE., OROVILLE (APN 012-253-018)

4. RESOLUTIONS PERTAINING TO THE NOVEMBER 5, 2024 GENERAL ELECTION The Council may consider adopting Resolution No. 9262 and 9263 pertaining to the November 5, 204 General Election.

ACTION REQUESTED -
ADOPT RESOLUTIONS NO. 9262 AND 9263 AND AUTHORIZE THE MAYOR TO SIGN. 3 June 04, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 7

REGULAR BUSINESS

5. EMPLOYMENT CONTRACT WITH ALSSYA STUTZ FOR POSITION OF ASSISTANT

DIRECTOR, PUBLIC WORKS
The Council will consider entering into an employment contract between the City of Oroville and Alyssa Stutz for the position of Assistant Director, Public Works.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9265 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND ALYSSA STUTZ.

6. APPROVAL OF UPDATED SALARY TABLES FOR ASSISTANT POLICE CHIEF AND

POLICE CHIEF AND APPROVAL OF CONTRACT AMENDMENTS FOR ALL CONTRACTED STAFF
The City Council is requested to adopt the resolutions necessary to approve the amendments to contracted staff contracts and to approve a new salary table for the Assistant Chief of Police and Police Chief.

ACTION REQUESTED –

APPROVE THE ATTACHED RESOLUTIONS

7. CONVENTION CENTER PROJECT UPDATE AND POTENTIAL ADDITIONAL CONSTUCTION

OPPORTUNITIES DUE TO SIGNIFICANT PROJECT COST SAVINGS
Staff will provide an update on the construction progress for the work being performed at the Oroville Convention Center and discuss the possibility of additional work made possible due to project savings.

ACTION REQUESTED -
Direct staff to execute a change order with Experts in the Home to remodel two additional bathrooms and the ticket booth.

8. HOUSING PROGRAM FUND LOAN FOR LINCOLN STREET APARTMENT PROJECTS Council will consider approving a Housing Program Fund loan to The Richman Group of California for the development of the Lincoln Street Apartment Projects.

ACTION REQUESTED -
ADOPT RESOLUTION NO.9261 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SECURITY DOCUMENTS

ASSOCIATED WITH THE HOUSING PROGRAM FUND LOAN IN THE AMOUNT OF UP TO $750,000.00 WITH THE RICHMAN GROUP OF CALIFORNIA FOR THE DEVELOPMENT OF LINCOLN STREET PHASE 1 AND PHASE 2 PROJECT.
4 June 04, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 7

9. MASTER FEE SCHEDULE UPDATE
Staff recommends the City Council adopt the attached resolution updating and establishing user and regulatory fees.

ACTION REQUESTED -
ADOPT RESOLUTION ADJUSTING AND ESTABLISHING USER AND REGULATORY FEES.

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]

10. 5:15 PM EDWARDS MINI STORAGE PROJECT AT 2560 FEATHER RIVER BOULEVARD, ZONING AMENDMENT ZC 24-01 – ESTABLISHMENT OF A MINI-STORAGE OVERLAY (MSO) 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.

ACTION(S) REQUESTED -

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

2. WAIVE THE SECOND READING AND INTRODUCE BY TITLE ONLY, ORDINANCE NO. 1881 -- AN ORDINANCE OF THE CITY OF OROVILLE CITY COUNCIL APPROVING ZONING CODE AMENDMENT ZC 24-01 ESTABLISHING A MINISTORAGE OVERLAY (MS-O) DISTRICT ON APPROXIMATELY 3.46 ACRES OF LAND LOCATED AT 2560 FEATHER RIVER BOULEVARD.
5 June 04, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

11. 5:20PM - APPROPRIATIONS LIMIT ADOPTION FOR FISCAL YEARS 2023-24 AND 2024-25 The Council will conduct a public hearing and may consider the adoption of the fiscal year 2023- 24 Appropriations Limit as restated and the 2024-25 Appropriations Limit adoption.

ACTION REQUESTED –
ADOPT RESOLUTION NO. 9264 - A RESOLUTION OF THE OROVILLE CITY COUNCIL SETTING THE APPROPRIATIONS LIMIT (PROPOSITION 4) FOR FISCAL YEAR 2023-24 AS RESTATED AND THE 2024-25 APPROPRIATIONS LIMIT.

12. 5:20PM - 2024-25 PRELIMINARY BUDGET
The Council will receive the fiscal year 2024 25 Preliminary Budget for review during this public hearing.

ACTION REQUESTED -
RECEIVE THE 2024-25 PRELIMINARY BUDGET AND PROVIDE DIRECTION.

13. 5:30PM - PUBLIC HEARING REGARDING WASTEWATER RATE STUDY FINDINGS AND

PROPOSED RATE INCREASES
The Council will receive the findings of the Bartle Wells and Associates Wastewater Rate Study for the City of Oroville and consider the implementation of the Wastewater Rate Study recommendations regarding wastewater rate increases.

ACTION REQUESTED -

ADOPT THE PROPOSED WASTEWATER RATE INCREASES IDENTIFIED IN THE BARTLE WELLS AND ASSOCIATES WASTEWATER RATE INCREASE STUDY FOR THE CITY.

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
6 June 04, 2024~4:00 PM Oroville City Council Meeting Agenda Page 7 of 7

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on June 20, 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. 9258

HMONG AMERICAN VETERANS & MEMORIAL DAY
WHEREAS, beginning in 1961, the United States Central Intelligence Agency recruited thousands of Hmong to fight against Communist Pathet Lao and North Vietnamese Army regulars in Laos. During the Vietnam War, from 1961 to 1975, Hmong soldiers played a crucial role in aiding the United States military effort, serving alongside American soldiers, and providing vital intelligence, communication, and combat support; and WHEREAS, Hmong soldiers demonstrated remarkable bravery and dedication, risking their lives to defend democracy and freedom, and many made the ultimate sacrifice in service to our country; and WHEREAS, although Hmong soldiers died at 10 times the rate of American soldiers in the Vietnam War, due to the covert nature of America’s war effort in Laos, the sacrifices and service of the Hmong and Lao veterans are still largely untold; and
WHEREAS, thousands of Hmong soldiers’ families were evacuated to a United States airbase in Thailand in order to escape vengeance by communists of Laos and Vietnam, and after the conclusion of the war thousands of Hmong soldiers were victims of retribution and atrocities by Pathet Lao and North Vietnamese, causing hundreds of thousands of Hmong to flee to neighboring Thailand as refugees; and WHEREAS, approximately 50,000 Hmong veterans reside in the United States and 150,000 Hmong and Laotian-born children have graduated from United States schools. However, little is known or taught about the Hmong history or their honorable service and contributions to the United States; and WHEREAS, the City of Oroville expresses its gratitude to the Hmong American community for their immeasurable contribution and encourages all residents to take a moment to remember and honor the Hmong soldiers and veterans who have given their lives in service to our country so that their sacrifices are never forgotten.

NOW THEREFORE, the City of Oroville, hereby recognizes May 15, 2024, as Hmong American Veterans Memorial Day, a special time to promote, publicize, and increase awareness of the importance of the Hmong in United States history, and to commemorate and reaffirm our commitment to respect and honor these men, women, and children who served the United States with loyalty and bravery PASSED AND ADOPTED this 4th day of June, 2024 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

ATTEST:
_______________________________ _______________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 8 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: AMENDMENT TO THE CONTRACT WITH ROBERT T. MARCINIAK
(MARCINIAK CONSULTING SERVICES) FOR SUPPLEMENTAL

BENEFITS FUND ADMINISTRATION
DATE: JUNE 4, 2024

SUMMARY
The City Council will consider an amendment to the contract with Robert T. Marciniak (Marciniak Consulting Services) for services related to the administration of the Supplemental Benefits Fund.

DISCUSSION
On March 15, 2022, the City entered into an agreement with Mr. Marciniak, to provide administrative services needed for the Supplemental Benefits Fund (SBF). Under that agreement, Mr. Marciniak provides up to 10 hours per month preparing all the necessary agendas, communication with partners, facilitating the SBF meetings, updating and monitoring the agreements, preparing notices of funding releases and updating all necessary records. For these services, Mr. Marciniak is compensated at $80.00 per hour, $800.00 per month, for a minimum of 10 hours per month. This agreement is set to expire on June 30, 2024.

Mr. Marciniak is well versed with the SBF and is well suited to continue in this role. The new agreement maintains the same rate of pay of $80.00 per hour, $800.00 per month, for a minimum of 10 hours per month. Any time needed beyond that would need to be pre-authorized and would be at the rate of $65.00 per hour. This amendment would extend this term through May 15, 2026.

FISCAL IMPACT
Funding is available.

RECOMMENDATION
Approve the amendment to contract No. 3242-2; and
Authorize the Mayor to sign.

ATTACHMENTS
9 Item 1.

A. Contract No. 3242-2
B. Staff Report from SBF Meeting
C. Amendment to Professional Services Agreement No. 3242-2 D. Resolution 9259
10 Item 1.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9038

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF OROVILLE AND MARCINIAK CONSULTING

SERVICES
Agreement No. 3242-2
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a professional services agreement between the City of Oroville and Marciniak Consulting Services. A copy Is attached hereto as Exhibit "A".

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on March 15, 2022 by the following vote:

AYES:

NOES:

ABSTAIN: None
ABSENT: None
Hatley, Smith, Pittman, Riggs, Goodson, Thomson, Reynolds None
APPROVED AS TO FORM:

Chuck Reynolos, Mayor
ATTEST:

Scott E. Huber, City Attorney
mA
over, Assistant City Clerk
R-XXXX
11 Item 1.

AGREEMENT FOR CONSULTING SERVICES FOR THE SUPPLEMENTAL

BENNEFIT FUND
This Agreement is made and entered on March 15, 2022, by and between the City of Oroville ("City") and the Marciniak Consulting Services ("Consultant").

AGREEMENT

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

1. Consultation and work services related to the Supplemental Benefits Fund

2. Review and processing of approved grant request invoices

3. Updating of all electronic & physical files

4. Updating of all financial records

5. Updating, as appropriate, of the SBF web page

6. Preparation of:

7. Correspondence

8. Meeting agendas

9. Staff Reports and related documents

10. Contracts

11. Contract Revisions

12. Site visits as required or assigned to grantee projects Consultant shall perform the services described above. Consultant shall provide all necessary day to day services necessary to efficiently operate the Supplemental Benefit Fund. The Consultant shall be available to Supplemental Benefit Fund Committee members, Grantees, and City Staff to ensure the timely availability of information regarding the fund. The Consultant shall ensure the completeness of grant projects and adherence to grant guidelines. Consultant will regularly report the financial position of the fund and the status of all grant funded projects.

13. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until June 30, 2024.

AGREEMENT NO. 3242-2 12
Item 1.

14. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant's services, even if such defects were known to the City at the time of payment.

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

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

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

18. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working AGREEMENT NO. 3242-2 13
Item 1.
notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.

X Licensing of Intellectual Propertv. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or subllcense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (Documents and Data).

Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

X Confidentiality. All ideas, memoranda, specifications, plans, procedures.

AGREEMENT NO. 3242-2 14
Item 1.
drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.

Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate AGREEMENT NO. 3242-2 15
Item 1.
performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so.

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

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

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

AGREEMENT NO. 3242-2 16
Item 1.

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

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)
11- Professional Abilitv of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

AGREEMENT NO. 3242-2 17
Item 1.

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

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

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

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

16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall AGREEMENT NO. 3242-2 18
Item 1.
be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: Bill LaGrone
City of Orovllle
1735 Montgomery Street
Orovllle, OA 95965-4897
If to Consultant: Robert Marciniak
Marciniak Consulting Services
242 Cottage Creek Drive
Orovllle, OA 95966

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

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

19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in AGREEMENT NO. 3242-2 19
Item 1.
this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as othen/vise required by law.

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

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

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

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

24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation.

The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor in AGREEMENT NO. 3242-2 20
Item 1.
interest. AAA shall provide the parties with the names of five qualified mediators.

Each party shall have the option to strike two of the five mediators selected by AAA and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

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

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

27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty. City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the AGREEMENT NO. 3242-2 21
Item 1.
term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from.

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

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

CITY OF OROVILLE
Chuck Mayor

OROVILLE

RESUCE MISSION
By
Robert Marciniak, Owner
APPRO
Scott E. Huber, City Attorney
ATTEST:

Jackie Qljbver, Assistant City Clerk
Attachments: Exhibit A: Scope of Services
Exhibit B: Schedule of Charges
Exhibit C: Insurance Requirements
AGREEMENT NO. 3242-2 22
Item 1.

EXHIBIT A: SCOPE OF SERVICES

1. Consultation and work services related to the Supplemental Benefits Fund

2. Review and processing of approved grant request invoices

3. Updating of all electronic & physical files

4. Updating of all financial records

5. Updating, as appropriate, of the SBF web page

6. Preparation of:

7. Correspondence

8. Meeting agendas

9. Staff Reports and related documents

10. Contracts

11. Contract Revisions

12. Site visits as required or assigned to grantee projects AGREEMENT NO. 3242-2 23
Item 1.

EXHIBIT B: SCHEDULE OF CHARGES
City will pay Consultant Monthly payments as billed by Consultant. Payment will be made within 30 days after receipt of billing.

Monthly price for all items detailed in the proposal for services is $800.00. If requested or required to attend meetings beyond the detailed scope listed an hourly rate of $65.00 will be charged.

AGREEMENT NO. 3242-2 24
Item 1.

REQUIREMENTS INSUREANCE C: EXHIBIT
least at of amount an in insurance of proof provide shall Consultant The additional an as named is City the ensure shall Consultant The $1,000,000.00. party insured
3242-2 NO. AGREEMENT
25 Item 1.

BUSINESS LICENSE

CITY OF OROVILLE, CALIFORNIA
BUSINESS LICENSE NUMBER: 10002446
EFFECTIVE DATE:
01/01/2022

MARCINIAK CONSULTING SERVICES
242 COTTAGE CREEK DRIVE
OROVILLE, CA 95966
NAME OF BUSINESS:

MARCINIAK CONSULTINGSERVICESOWNER:

EXPIRATION DATE
12/31/2022

BOB MARCINIAK
BUSINES^iiGCATIOI
242 COTTAGE CREEK OR
OROVILLE, CA 95966
BUSINESS TYPE:

MOBILE SERVICESOWNERSHIP TYPE:

SOLE PROPRIETOR
W

RESALE ID

NO RETAIL
SPECIAL CONDITIONS:
- -If--:
apii'fe
n?

NOT TRANSFERABLE

THIS LICENSE EXPIRES AS SPECIFIED ABOVE

LICENSED BUSINESS TO BE CONDUCTED IN CONFORMITY WITH AND

SUBJECT TO THE PROVISIONS OF THE ORDINANCES OF THE CITY OF OROVILLE AND THE LAWS OF THE STATE OF CALIFORNIA.

THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE
26 Item 1.

ACORD

CERTIFICATE OF LIABILITY INSURANCE
OATE(MMroD/YYYY)
03/19/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
BIBERK
P.O. Box 113247
Stamford, CT 06911

CONYACT
PHONE 844-472-0967 fA? 203-554-3613
(MC. No. Ext): fA/C. No):
[email protected]
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC»
National Liability & Fire Insurance Company
iNSURcR A r
2UU5Z
KoS^ Marciniak
242 Cottage Creek Drive
Orovllle, CA 95966
iN^RERB:

INSURER C:

INSURER 0:

INSURER E:

INSURER F:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.

EXCLUSIONS AND CONDITIONS OF SUCH POUOES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

TYPE OF INSURANCE
ADDL
INSP
SUBR
WVD

POLICY NUMBER

POLICY EFF
(MIWDD/YYYY)

POLICY EXP
fMMTOD/YYYY)
LIMITS

COMMERCIAL GENERAL LIABILITY
)E 1 1 OCCUR
EACH OCCURRENCE s

CLAIMS-MAC

DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) s
PERSONAL & ADV INJURY s
GEN'L AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE s
POLICY 1 1 1 1 LOC
OTHER:

PRODUCTS - COMP/OP AGG s
s

AUTOMOBILE LIABIUTY

COMBINED SINGLE UMIT
fEa accident)
s
ANY AUTO BODILY INJURY (Per person) s
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY

SCHEDULED
AUTOS

NON-OWNED

AUTOS ONLY
BODILY INJURY (Per accident) s

PROPERTY DAMAGE
(Per accident)
s
s

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS-MADE
EACH OCCURRENCE s
AGGREGATE s

DED RETENTIONS
$

WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY y/N
ANYPROPRIETORffARTNEiyEXECUTiVE | 1
CX^FICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DE^IPTION OF OPERATIONS below
N/A
PER OTHSTATUTE ER
E.L EACH ACCIDENT s
E.L. DISEASE - EA EMPLOYEE s
E.L DISEASE - POLICY UMIT s
A
Professional Liability (Errors 8i
Omissions): Claims-Made
N9PL515983 03/18/2022 03/18/2023
Per Occurrence/
Aggregate
$1,000,000/
$1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)

CERTIFICATE HOLDER CANCELLATION
Robert T Marciniak
242 Cottage Creek Drive
Oroville, CA 95966
1 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS.

AUTHORIZB) REPRESENTATIVE f) .

ACORD 25 (2016/03)
® 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
27 Item 1.
28 Item 1.
29 Item 1.
30 Item 1.
31 Item 1.
32 Item 1.
33 Item 1.

Amendment 3242-2
AMENDMENT TO AGREEMENT NO. 3242-2 BETWEEN THE CITY OF OROVILLE AND ROBERT T. MARCINIAK FOR CONSULTING SERVICES FOR THE SUPPLEMENTAL BENEFITS FUND.

This First Amendment dated May 15, 2024, is to Agreement No. 3242-2 between the City of Oroville ("City") as the Supplemental Benefits Fund Administrator and Robert T. Marciniak (Consultant) In consideration of the terms and conditions herein, the City and Consultant agree that Agreement No. 3242-2 shall be amended as follows:

1. Section 13 of the Agreement shall be amended to read: The term of this Agreement will begin on May 15, 2024 and shall terminate on May 15, 2026.

2. The term or any other conditions may be amended only in writing by City and Grantee with the approval of the Supplemental Benefits Fund Steering Committee.

3. Section 14 of the Agreement shall be amended to include the new compensation schedule for the contract period (Exhibit B-1) :

4. Section 15 of the Agreement shall be amended to method of payment will be monthly, or upon completion of the agreed upon minimum monthly hours.

5. Conflicts between the Agreement and the First Amendment shall be controlled by this First Amendment. All other provisions within Agreement No. 3242-2 shall remain in full force and effect.

CITY OF OROVILLE Marciniak Consulting Services
By: ______________ _________ By: _________________________ David Pittman, Mayor Robert T. Marciniak, Owner
By: ____________________________ By:______________________________ David Pittman, SBF Chairperson

APPROVED AS TO FORM: ATTEST:

By: ________________________ By: ___________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk Exhibit B-1 Schedule of Charges (May 15, 2024-May 15, 2026) Base monthly compensation:
34 Item 1.

Amendment 3242-2
 $800.00 per month (minimum of ten hours per month)
 If the FERC license for Oroville Project #2100 is approved during the tenure of this contract amendment, it is understood that additional time will be required to facilitate the SBF, potential NOFA’s, workshops and follow-up on approved projects. Time beyond the base ten hours per month is authorized by the Fund Administrator and will be submitted at $65.00 per hour with a monthly cap of twenty (20) additional hours. Anything required above that must be approved by either the SBF Chairperson or the Fund Administrator. 35 Item 1.

CITY OF OROVILLE
RESOLUTION NO. 9259

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO CONTRACT NO. 3242-2 BETWEEN THE CITY OF OROVILLE AND MARCINIAK CONSULTING

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

1. The Mayor is hereby authorized and directed to execute an amendment to contract No. 3242-2 between the City of Oroville and Marciniak Consulting Services. Copy hereby attached.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ __________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 36 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: FRED MAYO – DIRECTOR OF PUBLIC WORKS
RE: AUTHORIZATION TO INCREASE FUNDS TO PURCHASE TOOLS SETS

FOR THE MECHANIC SHOP
DATE: JUNE 4, 2024

SUMMARY
Staff is seeking Council approval to increase financial authority needed for the purchase of two comprehensive, professional tools from Snap on tools for maintaining the City's vehicles and machinery, supporting the diagnosing and repairing City-owned assets.

DISCUSSION
The City's mechanic shop previously required mechanics to provide their own tool kits.

However, as vehicle systems become increasingly complex and competitive, there is a recognized need for the City to purchase and standardize our mechanical tool sets. On February 6th, the Public Works Director requested $50,000 from the council to purchase two complete tool sets. After review, the initial cost estimate and proper sizing of the tool kits were inadequate, resulting in a higher cost than originally anticipated.

Staff is requesting additional funding in the amount of $30,000 to complete the purchase of the two tool sets, bringing the total cost of the two sets to $80,000. Staff will be purchasing the tools from Snap-on Tools, a Sourcewell vendor known for providing high-quality industrial tools, most with a lifetime warranty, and strong customer support.

FISCAL IMPACT
The cost of tool sets is $80,000.00 and was not included in this year's budget; however, funds are available in accounts 10011909 other supplies and 4004000 other supplies.

RECOMMENDATION
Authorization to increase funding to $80,000 for the purchase of two mechanic tool set. 37 Item 2.

38 Item 2.

Submit to Snap‐on Industrial
3011 IL RTE 176, Door 1
Crystal Lake, IL 60014
877‐740‐1900
Ship Via
Payment Terms
Ship to
Bill to
1 ‐ UPS GROUND
P30 ‐ NET 30 DAYS
201513726
OROVILLE, CITY OF MECHANICS
SHOP
1275 MITCHELL AVE
OROVILLE CA 95965
201513725
OROVILLE, CITY OF
1735 MONTGOMERY STREET
OROVILLE CA 95965
Quote
Quote Number
Quote Date
Quote Expiration Date
Customer Name
Customer BP
Name
E‐mail
Phone Number
Sales Rep
Mobile #
E‐mail Address
Contact Information:

IMP‐001299572
5/29/2024
7/28/2024
OROVILLE, CITY OF
MECHANICS SHOP
201513726
Fred Mayo
[email protected]
916 705 8007
KERR, PHILIP
[email protected]
Line Number Part Number Description Quantity List Price Unit Net Price Line Total 1 KERN681A0PBO 1BK 68IN RC RED 2 $15,215.00 $8,349.99 $16,699.98 2 KWSP3068DST 68X30IN EPIQ SST LED POWERTOP 2 $2,130.00 $1,416.24 $2,832.48 3 195GSS02FG 1/4DR 95PC S/G GSS FSET GRN 2 $3,108.00 $1,705.67 $3,411.34 4 2101GSS02FG 3/8DR 101PC S/G GSS FSET GRN 2 $4,246.00 $2,330.20 $4,660.40 5 325IMM 25PC 1/2 MET SH IMP SOCKT SET 2 $877.00 $481.30 $962.60 6 320IM 20PC 1/2 SAE SH IMP SOCKT SET 2 $791.00 $434.10 $868.20 7 320SIM 1/2DR 20PC 6PT DP IMP SKTSET 2 $1,075.00 $589.96 $1,179.92 8 325SIMM 25PC 6PT DP IMP SKTSET 2 $1,201.00 $659.11 $1,318.22 9 SHLF80AG 1/2DR 80T LNG S/G FLX RAT GRN 2 $272.00 $149.27 $298.54 10 SHF80AG 1/2DR 80T STD S/G FLX RAT GRN 2 $256.00 $140.49 $280.98 11 SH80AG 1/2DR 80T STD S/G RAT GRN 2 $216.00 $118.54 $237.08 12 SHL80AG 1/2DR 80T LNG S/G RAT GRN 2 $234.50 $128.69 $257.38 13 SHBB24G 1/2DR LNG 24IN S/G BRK BAR GRN 2 $188.00 $103.17 $206.34 14 305ASX 5PC 1/2DR EXT SET (2IN‐11IN) 2 $245.50 $134.73 $269.46 15 GU8 1/2DR UNIV JNT IND 2‐11/16IN 2 $79.00 $43.36 $86.72 16 312IPL 1/2DR 12PC 6PT SHL IMP SWV SET 2 $1,028.00 $564.17 $1,128.34 17 312IPLM 1/2DR 12PC MM SHL IMP SWIV SET 2 $1,006.25 $552.23 $1,104.46 18 206ESSPKPLG2 6PC 3/8DR ESSENTAL SPARKPLUG 2 2 $395.00 $216.78 $433.56 19 SDMEXT19K 19PC 1/4IN HEX ADP/BIT SET 2 $215.50 $118.27 $236.54 20 SOEXFSET1BG 38PC SOEX MASTER FSET BLK/GRN 2 $2,765.50 $1,517.71 $3,035.42 21 RXFMET01FBR 6PCS RXF MET FSET BLK/RED 2 $393.60 $216.01 $432.02 22 XFRM705 5PC MM NON‐REV FKEX FAT WR SET 2 $570.00 $312.82 $625.64 23 RXFSAE01FBR 7PCS RXF SAE FSET BLK/RED 2 $486.85 $267.18 $534.36 24 OXISAE01FBR 13PC OXI SAE MIDG FSET BLK/RED 2 $490.45 $269.16 $538.32 25 OXIMET01FBR 14PC OXI MET MIDG FSET BLK/RED 2 $545.20 $299.21 $598.42 26 PW8C 8IN EXT PIPE WR 2 $52.75 $33.96 $67.92
27 PW14C 14IN EXT PIPE WR 2 $76.25 $49.09 $98.18
28 FADH704CG 4 PC ADJ WRENCH SET FDP GREEN 2 $497.00 $330.46 $660.92 29 ADHW702K1F 2PC ADJ WRENCH SET WM 2 $214.50 $117.72 $235.44 30 DBT7 DBL BALL TORX HEX WRENCH SET 2 $79.50 $52.86 $105.72 31 AWTR8 8PC L/SHP TR TORX WRSET 2 $55.50 $36.90 $73.80 32 AWMBPH9 9PC L/SHP MET BHX WRSET 2 $60.50 $40.23 $80.46 33 AWBPH13 13PC L/SHP BHX SET 2 $62.25 $41.39 $82.78
39 Item 2.
$$$
29 ADHW702K1F 2PC ADJ WRENCH SET WM 2 $214.50 $117.72 $235.44 30 DBT7 DBL BALL TORX HEX WRENCH SET 2 $79.50 $52.86 $105.72 31 AWTR8 8PC L/SHP TR TORX WRSET 2 $55.50 $36.90 $73.80 32 AWMBPH9 9PC L/SHP MET BHX WRSET 2 $60.50 $40.23 $80.46 33 AWBPH13 13PC L/SHP BHX SET 2 $62.25 $41.39 $82.78
34 216FCOM 3/8DR 16PC O/END MET C/FTWRSET 2 $634.25 $348.08 $696.16 35 226FC 3/8DR 26PC O/END C/FTWRSET 2 $1,300.00 $713.44 $1,426.88 36 XFR704 4PC SAE NON‐RV FLEX RAT WR SET 2 $412.00 $226.11 $452.22 37 ATECHFSET02G 3PC 14 38 12 ATECH FSET GR 2 $2,250.00 $1,496.03 $2,992.06 38 SGDX160BFG SCR DR FOAM SET 16PC COMBO GRN 2 $488.85 $268.28 $536.56 39 SGDXL80BG 8PC COMBO CAB S/GR GRN SD SET 2 $244.00 $133.91 $267.82 40 SGLASA604BG PICK SET,4PC 6IN HD GREEN 2 $87.30 $47.91 $95.82 41 SGSR104AFG 4PC MINI SG SEAL RMVR FSET GRN 2 $88.05 $48.32 $96.64 42 SGASA204CG MINI PICK SET 4PC GREEN 2 $62.40 $34.25 $68.50 43 PBS704 4PC PRYBR SET (6IN‐20IN) 2 $309.00 $169.58 $339.16 44 SPBS704AG 4PC STRIKING PRYBAR SET GREEN 2 $258.50 $141.86 $283.72 45 MPBS703A 3PC STRAIGHT TIP PRYBAR SET 2 $299.00 $164.09 $328.18 46 PL3935CFG 3PC BENT NEEDLE NOSE SET GRN 2 $195.00 $107.02 $214.04 47 LONGNOSE5G 5PC LONG NOSE PLIERS SET GRN 2 $345.00 $189.34 $378.68 48 PL600ES1FG 6PC PLIERS/CUTTERS ES FSET GRN 2 $372.50 $204.43 $408.86 49 AWP404 PLIERS SET 2 $217.25 $119.23 $238.46
50 BSGLP404 4PC SOFT GRIP LKNG PLIER SET 2 $112.00 $74.47 $148.94 51 SRPCR112G 12PC SNAP RING PLIERS SET GRN 2 $526.25 $338.80 $677.60 52 PWC48 QUICK CHANGE RATCHET CRIMPER 2 $156.00 $103.72 $207.44 53 29ACFG TERM CRIMPER W CUTTER GREEN 2 $74.75 $41.02 $82.04 54 PWCS9ACFG 9IN STRIP/CUTTER/CRIMP GRN 2 $66.25 $36.36 $72.72 55 P87150AG 5IN OVAL CUTTER TRU FLUSH GRN 2 $88.00 $58.51 $117.02 56 PL88145A 7IN TAPER CUTTER SEMI FLUSH 2 $82.00 $45.00 $90.00 57 PWC80A CUTTER 2 $63.75 $41.04 $82.08
58 PWC6 WIRE CRIMP 2 $27.50 $17.70 $35.40
59 BMPL1000 10PC MINI PLIERS SET 2 $161.00 $107.05 $214.10 60 BDGPL400LMP 4PC LONG REACH MINI PLIERS SET 2 $47.50 $31.58 $63.16 61 BDGPL300HG 3PC EXT REACH HOSE GRIP PLIERS 2 $81.75 $54.36 $108.72 62 PPC01FR 31PC PNCH/CHSL/HMR FSET RED 2 $1,121.99 $615.75 $1,231.50 63 YA879B HD AUTO CENTER PUNCH 2 $47.25 $31.42 $62.84
64 HBFE6FG 6PC DB/SF HMR MASTER FSET GRN 2 $701.00 $384.71 $769.42 65 HBBD301FR 3PC DB/BP HMR 16 32 56 FST RED 2 $478.00 $262.33 $524.66 66 SGHBF500AFR 4PC FILE SET MIXED FSET RED 2 $206.12 $113.12 $226.24 67 SGFMN106G 6PC GRN MIN FILE SET 2 $115.00 $76.46 $152.92 68 CSA300AG 3PC GRN SCRA SET 2 $135.75 $74.50 $149.00
69 PK500A 3PC PTY KNV/SCR 2 $65.00 $43.22 $86.44
70 PKNC300 3PC STR SCRA SET 2 $168.50 $92.47 $184.94
71 PSN500 5PC N/MAR PRY TOOL SET 2 $58.75 $39.06 $78.12 72 PPK300 3PC NONMARRING MINI PICK SET 2 $24.00 $15.96 $31.92 73 MS400A 4IN MINI ALUM SCRAPER 2 $9.40 $6.25 $12.50
74 MS1300 13IN LNG SCRA 2 $45.50 $29.29 $58.58
75 YA824C SPARK PLUG BOOT PLIERS 2 $40.00 $26.60 $53.20 76 YA840 SPARK TESTER 2 $30.00 $19.95 $39.90
77 EEDM596FK ADVANCED DMM COLOR TRMS‐APP 2 $770.00 $511.97 $1,023.94 78 EECT200 CORDFREE 12/24 PCKET CIR TSTR 2 $74.00 $49.20 $98.40 79 BTC3A BATT CLEANER 2 $24.65 $16.39 $32.78
80 TORCH400G BUTANE GAS TORCH HI GREEN 2 $113.40 $75.40 $150.80 81 YAKS42G BUTANE SOLDERING IRON KIT GRN 2 $214.10 $142.36 $284.72 82 TZK7 TWEEZER SET7 2 $86.75 $57.68 $115.36
83 SODC1GRN SOLDERING CLAMP GREEN 2 $111.90 $74.40 $148.80 84 SHCP1B RATCHETING HOSE CLAMP PLIERS 2 $200.50 $133.31 $266.62 85 SGRHT6BG 6PC GREEN RAD HOUSE PICK SET 2 $233.50 $128.14 $256.28 86 SGAL102BG 2PC XL RADIATOR HOSE PICK SET 2 $154.00 $84.52 $169.04 87 YA1000A 9‐5/8IN MLTI‐CTR 2 $74.50 $49.54 $99.08
88 TEMP100 POCKET THERM SCRWDRIVER STYLE 2 $68.75 $45.71 $91.42 89 207FHRM 3/8IN DR 7PC METRIC HEX SKTS 2 $187.00 $102.63 $205.26 40 Item 2.

Total Weight
Sub Total
Shipping
Tax
3,369.50 lbs
$72,888.98
$0.00
$6,013.34
Grand Total $78,902.32
$$$
85 SGRHT6BG 6PC GREEN RAD HOUSE PICK SET 2 $233.50 $128.14 $256.28 86 SGAL102BG 2PC XL RADIATOR HOSE PICK SET 2 $154.00 $84.52 $169.04 87 YA1000A 9‐5/8IN MLTI‐CTR 2 $74.50 $49.54 $99.08
88 TEMP100 POCKET THERM SCRWDRIVER STYLE 2 $68.75 $45.71 $91.42 89 207FHRM 3/8IN DR 7PC METRIC HEX SKTS 2 $187.00 $102.63 $205.26 90 PR215 15IN RET RING PLIERS SET 2 $311.00 $206.78 $413.56 91 SRP400B 4PC SNAP RING PLIER SET 2 $329.00 $180.56 $361.12 92 TPGDL2000GRN DIGITAL TIRE INFLATOR GREEN 2 $238.50 $158.58 $317.16 93 TDG1 TREAD DEPTH GAUGE 2 $9.55 $6.35 $12.70
94 305TSKTA 5PC TRQ EXT SET 2 $285.00 $156.41 $312.82
95 LSR1500 LUGNUT SOCKET SET 2 $287.25 $190.99 $381.98
96 SRT1 HEAVY DUTY TRUCK SEAL REM TOOL 2 $200.50 $133.31 $266.62 97 THX393 UNIV. THRTL PEDAL DEPRESSOR 2 $55.25 $46.65 $93.30 98 LCSS600 LINE CLAMP AND STOPPER SET 2 $152.00 $101.06 $202.12 99 LDT40 MASTER PLUS DISCONNECT 2 $368.00 $244.68 $489.36 100 YA13120 CONNECTOR SEPARATOR 2 $24.40 $16.22 $32.44
101 LIL35070 BUTTON CONNECTOR PLIERS 2 $127.50 $107.66 $215.32 102 YA1175KIT 15FT RETRACTABLE TEST LEAD SET 2 $91.00 $60.51 $121.02 103 MTTL800 TEST LEAD KIT DELUXE MODULAR 2 $230.00 $152.93 $305.86 104 PT350G 1/2" STUBBY AIR IMPACT WR. GRN 2 $564.38 $363.35 $726.70 105 UTK100 RTRC UTIL KNF 2 $32.50 $21.61 $43.22
106 912AEP PIST GRP‐STK 2 $87.50 $48.02 $96.04
107 612AEP PG STK GRIPR 2 $93.75 $51.45 $102.90
108 BTWSMPK 7PC BIT MINI RAT HND SET 2 $90.00 $59.84 $119.68 109 SDML19KT POWER SCREWDRIVER LONG BIT SET 2 $174.50 $95.77 $191.54 110 BLPTHC87 87PC TORX HX BIT DR SET 2 $540.00 $359.05 $718.10 111 210FRHMA 3/8DR 10PC FLRNT MET C/FTWRSET 2 $280.50 $153.94 $307.88 112 207SFRH 3/8DR 7PC FLRNT C/FTWRSET 2 $215.75 $118.40 $236.80 113 315AN 1/2DR 15PC FLRNT DP C/FTWRSET 2 $1,227.50 $673.65 $1,347.30 114 BOERMFLCG712 12PC LCK FLXHD MET RAT BXWRSET 2 $800.00 $531.92 $1,063.84 115 BOERFLCG708 8PC LOCK FLXHD RAT BXWRSET 2 $600.00 $398.94 $797.88 116 BOERMSF712 12PC MIDG FLX MET RAT COMWRSET 2 $427.00 $283.91 $567.82 117 BOERSF708 8PC MIDG FLXHD RAT COMWRSET 2 $286.00 $190.16 $380.32 118 FHBB12AG 3/8DR LNG 13IN S/G BRK BAR GRN 2 $102.50 $56.25 $112.50 119 KADM21X73GN 21X7IN MAGNET PARTS TRAY GREEN 2 $62.25 $41.39 $82.78 120 OTC7424 BELT HOLDER 2 $40.50 $34.20 $68.40
121 LIL59000 RATCHETING SERPENTINE BELT TL 2 $93.00 $78.53 $157.06 122 ASG103BG 3PC GREEN TRIMPAD TOOL SET 2 $131.25 $72.03 $144.06 123 HRR118 11PC TRIM TOOL SET 2 $43.50 $36.73 $73.46
124 CAL6EA 6IN ELECTRONIC DIGITAL CALIPER 2 $300.00 $199.47 $398.94 125 TL900L 9IN ALUM LGHTD LVL 2 $48.00 $31.92 $63.84
126 FBST338 STRAIGHT 38 BLADE SET 2 $37.00 $24.60 $49.20 Notes: Superseded item FB310B
127 TPMB25GRN 25FT TAPE MEASURE SAE GRN 2 $48.50 $32.25 $64.50 128 FBP2GRN RAMP GAUGE W/GREEN HANDLE 2 $13.45 $8.94 $17.88 129 UPT35G 5LB MAGNETIC PICKUP TOOL GREEN 2 $28.00 $18.62 $37.24 130 UPTC16LT LIGHTED FLEX PICK UP CLAW 2 $27.50 $18.28 $36.56 131 DPTM24A 24IN FLEXIBLE MAGNETIC PU TOOL 2 $50.00 $33.25 $66.50 132 UIM225GR 2‐1/4IN DI MIRROR GREEN 2 $27.50 $18.28 $36.56 133 BTG9 COMBO BRAKE LINING GAUGE SET 2 $28.75 $19.12 $38.24 134 BTGHD9 HEAVY DUTY BRAKE LINING GAUGE 2 $78.50 $52.19 $104.38 135 LN47ACFG 9IN LONG NSE SLP JNT PLIERS GR 2 $68.25 $37.46 $74.92 136 LN46ACFG 7IN LNGNOSE SLP JNT PLIERS GRN 2 $61.00 $33.48 $66.96 41 Item 2.

Tax$6,013.34
Grand Total $78,902.32
Tax and freight shown are estimates.

Applicable tax and freight will be charged to the Customer's account.

The sale of product is subject to Snap‐on Industrial's standard terms and conditions of sale. Placement of an order is Customer's assent to these terms and conditions and Snap‐on hereby objects to any additional and/or different terms, which may be contained in any Customer forms or other documents. No such additional terms will be of any force or effect.

The sale of product is subject to Customer meeting Snap‐on Industrial's credit approvals. Financing through  Snap‐on Credit LLC is available on most purchases. Ask your Sales Rep for more information.
*Please provide vendor and pricing information to customer service on this part number. 42 Item 2.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: FORECLOSURE OF 2170 MITCHELL AVENUE
DATE: JUNE 4, 2024

SUMMARY
The City Council may consider initiating foreclosure proceedings related to the City of Oroville’s interest in the Deed of Trust against the property located at 2170 Mitchell Ave., Oroville (APN 012-253-018).

DISCUSSION
Staff is requesting authorization from the Council to initiate foreclosure on the property located at 2170 Mitchell Ave. The current property owner obtained a mortgage subsidy loan through the City’s Homeownership Assistance Program in the amount of $87,900.

The borrower is in default on their first mortgage, Sailfish Servicing, LLC, c/o First American Title Insurance Company which holds the first lien position. The approximate amount to cure the default and to secure the City’s lien positions would be $128,134.23. Comparable properties show the value of 2170 Mitchell Ave, to be approximately $213,063.00.

Additionally, this home has had several Code Enforcement issues that have not been resolved and have taken a considerable amount of City’s resources.

Address Amount Due to
Primary Lender
Amount of City
Loan
Total Loans Value Based on
Comparable
2170 Mitchell
Avenue
$128,134.23
through
05/29/2024
$94,329.95
through
05/29/2024
$222,464.18
(approx.)
$213,063.00
If the City Council authorizes staff to secure the City’s interest in this property, staff is proposing that the property be resold on the open market to recoup homebuyer loan costs. Staff has not gained access to the interior of the home to determine what, if any, repairs are needed. Staff will bring these items back to Council if repairs in excess of normal wear and tear maintenance are required.
43 Item 3.

FISCAL IMPACT
There is no general fund impact. Approximately $5,000 will be needed to cure the default, including foreclosure fees from Fund 220 (HSG PRG) or Fund 225 (CITY RLF).

RECOMMENDATION
Adopt Resolution No. 9260 -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 2170 MITCHELL AVE., OROVILLE (APN 012-253-018)

ATTACHMENTS
Resolution 9260
44 Item 3.

CITY OF OROVILLE
RESOLUTION NO. 9260

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 2170 MITCHELL AVE., OROVILLE (APN 012-253-018) NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute all documents and any amendments thereto necessary to initiate and complete foreclosure proceedings on 2170 Mitchell Ave., Oroville CA, (APN 012-253-018) Oroville, California; and

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 45 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION RESOLUTION

RELATING TO CITY CHARTER AMENDMENTS AND RESOLUTION

REQUESTING CONSOLIDATING WITH THE STATEWIDE GENERAL

ELECTION
DATE: JUNE 4, 2024

SUMMARY
The City Council is requested to adopt the resolutions necessary to call a special election and place ballot measures before the voters regarding proposed amendments to the City Charter and to request to consolidate that election with the 2024 General Statewide Election that is conducted by Butte County Elections Department.

DISCUSSION
The Council directed staff to work with Council Member Goodson and Council Member Thomson to review the City Charter and recommend changes to the document to address outdated language, update incorrect language and recommend changes to other sections of the Charter. Initial recommended changes were presented to the Council on March 5, 2024.

Following Council direction, staff brought back additional recommendations from the committee at the May 21, 2024 regular council meeting.

The Review Team initially met on five separate occasions (August 17, 2023, September 5, 2023, September 11, 2023, November 6, 2023 and November 11, 2023) to thoroughly comb over the various sections of the existing Charter, which led to the finalized recommended changes. A full copy of the redline changes will be made available at City Hall and on the City’s website for all interested Citizens to review.

The Review Team is recommending the four measures proposed be presented for voter approval at the November 5, 2024 election and that the Council request consolidation with the Statewide General election on that same date.

FISCAL IMPACT
46 Item 4.

To be determined by Butte County Registrar of Voters

RECOMMENDATION
Approve the attached resolutions

ATTACHMENTS
City Charter with proposed changes in Redline
Resolution calling for an election to approve changes in the City Charter Resolution requesting consolidation of the City special election for charter changes with the State-wide general election on November 5, 2024
47 Item 4.

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

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

Article Ill.
§ 1. Powers of the city.

Article IV.
§ 1. Elections.

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

Article VI.
§ 1. Officers and employees.

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

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

Article IX.
§ 1. Planning
commission.Departments and
Commissions
§ 1. Departments
§ 2. City Administrator/City Clerk
§ 3. City Attorney
§ 4. Director of Finance
§ 5. Chief of Police
§ 6. Fire Chief
§7. Other City Functions
§7a. Expert Accountant
§ 7b. City Engineer
Article X.
§ 1. Park commission.Planning
Commission
§ 2. Park Commission
Formatted: Indent: Left: 0.13", Space Before: 4.55
pt, Tab stops: 4.53", Left
Formatted: Character scale: 105%, Condensed by

0.1 pt
48 Item 4.

Article XV.
§ 1. City treasurer.

Article XVI.
§ 1. City engineer.

Article XVla.
§ 1. Superintendent of
streets.

Article XVII.
§ 1. Repealed.

Article XVIII.
§ 1. Chief of police.

Article XIX.
§ 1. Chief of fire department.

Article XX.
§ 1. Health officer.

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

Article XI.
§ 1. Vacancies.

Article XIIXII.
§ 2. Additional duties of officers.

C-1
Commented [BR1]: Merge Articles IX through XX
into one section.
49 Item 4.

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

Article XXIII.

Article
XIIIXIV.

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

Article
XIVXV.
§ 1. Limit of bond indebtedness.

Article XXVI.
§ 1. Repealed.

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

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

Article I.

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

Article XVXIX.
§ 1. Franchises.

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

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

Article II.

Sec. 1. Boundaries.

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

C-2
50 Item 4.

CHARTER
Article Ill.

Sec. 1. Powers of the city.

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

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

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

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

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

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

The city may make and enforce all laws, ordinances and regulations necessary, convenient or incidental to the exercise of all rights and
powers in respect to its affairs, officers and
employees and shall have all rights and powers appropriated to a city, subject only to the C-3
51 Item 4.

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

Article V.

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

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

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

Article IV.

Sec. 1. Elections.

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

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

Article VI.

Sec. 1. Officers and employees.

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

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

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

All other officers, assistants, deputies, clerks
and employees shall be appointed as provided
Commented [BR2]: We did discuss suggesting
term limits - however - we also discussed how that
could be challenging now that we have districts in
place. We can revisit this topic (term limits), if
desired.

Commented [BR3]: Added to account for districts.

Commented [BR4]: Conflicts with later section of
Charter.
52 Item 4.

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

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

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

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

Sec. 1. The council.

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

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

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

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

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

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

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

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

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

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

C-5
Commented [BR5]: Could not think of situation
where this was applicable.

Formatted: Font: Not Bold
Formatted: Indent: Left: 0.17", Right: 0.08", Space
Before: 3.75 pt, Line spacing: Multiple 1.13 li
54 Item 4.

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

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

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

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

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

Sec. 4. Ordinances.

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

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

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

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

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

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

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

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

Such summary shall be prepared by an
official designated by the city council. A
summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall
be posted in the office of the city clerk at
least five days prior to the city council
meeting at which the proposed ordinance
or amendment or alteration thereto is to
be adopted. Within 15 days after adoption
of the ordinance or amendment, the city
C-6
55 Item 4.

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

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

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

Sec. 1. Mayor.

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

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

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

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

Sec. 1a. Vice mayor.

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

The vice mayor shall act as mayor pro ternpore in the case of absence, illness, death or C-7
56 Item 4.

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

Sec. 2. Right of subpoena.

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

Sec. 1. Departments
The City Administrator shall recommend and
the City Council shall by ordinance create,
reorganize and abolish departments and
divisions thereof as necessary for the effective
management of the City’s affairs, in addition to
the following which are created by Charter:

Sec. 2 City Administrator/City Clerk: The City
Clerk/City Administrator shall be the clerk of the
council.

It shall be the duty of the city Clerk/City
Administrator or a deputy designated by him
or her, to attend all sessions of the council and
keep a full and correct record of the
proceedings. The proceedings of the council
shall be kept in a book. In addition, he or she
shall keep a record of all Ordinances.

The proceedings of the council shall be kept in
a book. In addition, he or she shall keep a
record of all Ordinances.

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

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

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

Sec. 3. City Attorney: There shall be a city
attorney who shall be ap- pointed by the city
council, to hold office at the pleasure of the
council. He or she shall be an attorney-at-law,
admitted to practice before the supreme court
of the State of California, and shall have been
in actual practice in the state for at least three
years next preceding his or her appointment.

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

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

He or she shall prosecute personally on behalf
of the people violations of municipal code
before the Superior Court, and shall perform
such other legal services as needed.

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

Sec. 4 Director of Finance: There shall be a
Director of Finance who shall be appointed by
the Council. He or she shall receive and keep
safely all moneys and securities belonging to the
city and coming into the hands, and pay out the
same only on warrants signed by the proper
officials, including the principal and interest due
on bonds of the city, including improve- ment
bonds.

Sec. 5 Chief of Police: There shall be a chief
of police who shall be appointed by the city
council to hold office at the pleasure of the
council. He or she shall be the head of the
police department of the city, shall make rules
and regulations for the management of the
department, and shall have all the powers that
Formatted: Font: Bold
Formatted: Font: Bold, Underline
Formatted: Font: 10 pt
Formatted: Normal, Indent: Left: 0.09", First lin
0", Right: 0", Space Before: 0 pt, Line spacing:
single
Formatted: Font: 10.5 pt, Bold, Underline
Formatted: Indent: Left: 0.09", First line: 0", Rig
0", Space Before: 0 pt, Line spacing: single
Formatted: Font: Bold, Underline
Formatted: Font: 10.5 pt
Formatted: Normal, Indent: Left: 0.09", First lin
0", Right: 0", Space Before: 0 pt, Line spacing:
single
Formatted: Font: 10.5 pt, Bold, Underline
57 Item 4.

CHARTER
are now or may hereafter be conferred upon
other peace officers by the laws of the state.

It shall be the duty of the chief of police to
preserve the public peace, and to suppress
riots, tumults and disturbances. The orders of
the chief of police shall be promptly executed
by the police officers of the city for the
maintenance of public order or the protection
of life and property.

The chief of police shall have authority and it
is hereby made the duty of the chief of police
to arrest persons violating any law of the state
or ordinance of the city.

Persons convicted of violating city ordinances
and sentenced to jail may be confined in the
county jail of Butte County. The chief of police
shall have such other powers and duties as
may be prescribed by the council by
ordinance.

Sec.6 Fire Chief: There shall be a Fire Chief
who shall be appointed by the City Council
and hold office at the pleasure of the Council.

He or she shall be head of the fire department
of the city and shall have charge of and
supervision over all matters relating to the
prevention and extinction of fires, and of all
measures necessary to guard and protect all
property impaired thereby. During the time of
a fire, he or she shall have supreme authority
over the territory involved therein, and all
persons in the immediate vicinity of the fire
during such time, including police officers,
shall be subject to his or her orders.

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

Sec. 7 In addition, the City shall retain the
following two functions:

Sec. 7a An Expert Accountant to audit
annually, in accordance with generally
accepted auditing standards, the financial
statements and accounts of the city.

Sec. 7b A city engineer who shall hold office at
the pleasure of the council. As city engineer he
or she shall be the custodian of, and
responsible for, all maps, plans, profiles, field
notes and other records and memoranda
belonging to the city, pertaining to his or her
office and the work thereof, all of which he or
she shall keep in proper order and condition,
with full indices thereof.

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

Article X.

Commissions
Sec. 1 Planning commission.

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

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

No ordinance shall be adopted by the council
creating districts or zones for the purpose of
regulating the use of lands, the height, bulk,
location or use of buildings therein, and no ordinance changing, amending or altering any such ordinance shall be adopted until it shall
have first been submitted to the board of city
Commented [BR6]: Legal concerns.

Commented [BR7]: BCSO
Formatted: Font: Bold, Underline
Formatted: Indent: Left: 0.07", First line: 0", Rig

0.08", Space Before: 3.75 pt
Commented [BR8]: I believe this is fine - as we
have a Fire Chief - albeit via contract.

Formatted: Underline
Formatted: Font: Not Bold
Formatted: Underline
Formatted: Normal, Indent: Left: 0.09", First lin
0", Right: 0", Space Before: 0 pt, Line spacing:
single
Commented [BR9]: Redundant.

Commented [BR10]: Procedural...not necessa
include here.

Formatted: Font: 10.5 pt
Formatted: Body Text, Indent: Left: 0.08", First
0", Right: 0.04", Space Before: 3.55 pt, Line spa
Multiple 1.1 li
58 Item 4.

CHARTER
planning comm1ss1oners commissioners for
report and rec- ommendation.

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

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

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

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

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

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

The first city planning commission under this
Charter shall be appointed by the council for
one, two, three and four year terms respectively. Thereafter the members of said board shall be appointed as provided herein. At least
C-8
59 Item 4.

CHARTER
three of the four members appointed as aforesaid shall have been members of the city planning commission immediately prior to this
Charter taking effect. (1961, c. 181; amended
by vote of the people, April 12, 1983; amended
by vote of the people, November 6, 1990)
Article X. Sec. 1.

Sec. 2 Park commission.

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

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

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

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

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

4. To establish schedules of charges for
special services.

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

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

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

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

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

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

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

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

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

Whenever funds are donated by any person or
persons for the acquisition or construction of
C-9
Formatted: Indent: First line: 0"
Formatted: Normal, Justified, Indent: Left: 0.13",
Hanging: 0", Right: 0.03", Space Before: 3.4 pt,
Line spacing: Multiple 1.16 li, No bullets or
numbering, Tab stops: Not at 0.45" + 0.45"
60 Item 4.

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

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

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

Article XI.

Sec. 1. City attorney.

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

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

Commented [BR11]: Consider striking this. T
only commission with current "authority" is the
planning commission. Could have this commis
articulate it's advisory functions via its bylaws.
61 Item 4.

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

He or she shall prosecute personally on behalf
of the people all contested criminal cases before the police court and shall perform such other legal services from time to time as the
council may require without compensation in
addition to his or her salary, unless such service requires his or her presence outside the City of Oroville.

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

Article XII.

Sec. 1. City clerk.

The city clerk shall be the clerk of the council.

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

The proceedings of the council shall be kept in
a book marked "Minutes of the Council." He or
she shall keep a book marked "Ordinances,"
into which he or she shall copy all city ordinances, certifying that each is a full and correct copy of the original ordinance, and stating that the same has been published as required
bylaw.

Said record copy so certified shall be prima
facie evidence of the contents of the ordinance, and of its passage and publication, and shall be admissible as such in any court or
other proceeding. Such record shall not be
filed, but shall be returned to the custody of the
city clerk. He or she shall also keep a book
marked "Resolutions" into which he or she
C-10
Formatted: Indent: Left: 0.08", First line: 0", Ri

0.08", Space Before: 4.5 pt
Formatted: Indent: Left: 0.08", First line: 0", Sp
Before: 4.5 pt
Formatted: Justified, Indent: Left: 0.08", First li
0", Right: 0.08", Space Before: 4.5 pt, Line spac
Multiple 1.09 li
62 Item 4.

CHARTER
shall copy all resolutions passed by the council.

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

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

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

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

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

Sec. 1. Expert accountant.

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

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

Sec. 1. City treasurer.

There shall be a city treasurer who shall be
elected every four years at the general election. It shall be his or her duty to collect all taxes assessed by the city assessor otherwise.

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

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

Sec. 1. City engineer.

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

C-11
Commented [BR12]: Section is procedural/not
needed.

Commented [BR13]: Redundant.
63 Item 4.

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

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

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

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

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

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

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

Article XVla.

Sec. 1. Superintendent of streets.

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

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

Sec. 1. Chief of police.

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

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

Persons convicted of violating city ordinances
and sentenced to jail may be confined in the
county jail of Butte County. The chief of police
shall have such other powers and duties as
may be prescribed by the council by ordinance. (Amended by vote of the people, November 8, 1988; amended by vote of the people, November 5, 1996) C-12
Commented [BR14]: Procedural...not necessary to
include here.

Formatted: Normal, Indent: Left: 0.07", First line:
0", Right: 0", Space Before: 0 pt, Line spacing:
single
Commented [BR15]: Legal concerns.

Commented [BR16]: BCSO
64 Item 4.

CHARTER
Article XIX. Article XXI.

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

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

The fire chief shall make rules and regulations
for the government of the department, subject
to the approval of the council.

Article XX.

Sec. 1. Health officer.

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

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

Sec. 2. Official bonds.

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

Sec. 3. Administering oaths.

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

Sec. 4. Compensation.

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

Article XXI Section 5, of the Charter of the City
of Oroville, relating to reports of fees and
commissions, is repealed. (Repealed by vote
of the people, November 8, 1988)
Formatted: Indent: Left: 0.13", First line: 0.01",
Right: 0.03", Space Before: 0.7 pt, Line spacing:

Multiple 1.09 li
Commented [BR17]: Repeal this section - County
provides.

Commented [BR18]: Similar language from City of
Palmdale.
65 Item 4.

CHARTER
C-13
66 Item 4.

CHARTER
Article XXII.

Sec. 1. Vacancies.

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

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

C. In the event that a vacancy exists in any
elective or appointive office and the council fails to agree or for any reason does not fill such vacancy within sixty days af- ter
the same occurs, then a Special Meeting
shall be called and the vacancy shall be
filled by simple majority vote at that
meeting. The appointment may be an
interim appointment. Should a simple
majority not be reached, staff shall be
directed to do one final recruitment. At the
completion of that recruitment, the
Council shall consider all candidates.

Should the Council still be unable reach
simple majority, the Mayor shall appoint
from that list of candidates. Nsuch
vacancy shall be filled by appointment by
the mayor. Such appointment shall be for
the time and of like effect as though made
by the council as hereinabove provided.

D. In the event that the seats of a majority of
the council shall become vacant, then the
city clerk shall call a special election at
once to fill the vacancies for the unex- pired
terms, and such election shall be
Commented [BR19]: Only applicable to
appointments made by Council.

Commented [BR20]: New Language added
040224
Commented [BR21]: Allows business to
continue/eliminated delays in filling positions - and
provides a path with simple majority for these rare
situations.
67 Item 4.

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

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

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

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

Article XXIII.

Sec. 1. Library.

The free public library of the city shall be managed under and in accordance with the provisions of the general laws of the state relating to free public libraries. (Amended by vote of the
people, April 12, 1983)
C-14
Commented [BR22]: City does not have any
operational oversite of the County library located
within the City.
68 Item 4.

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

Sec. 1. Fiscal year.

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

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

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

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

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

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

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

Sec. 1. Limit of bBond indebtedness.

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

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

Provided further, that on the initiative of the
council by an appropriate resolution, and a
majority vote of the electors at the next general municipal election thereafter, this limit may be lowered or raised. (Amended by vote of the
people, April 12, 1983)
C-15
Formatted: Centered, Indent: Left: 0.1", Space
Before: 0 pt, Tab stops: 0.31", Left
Commented [BR23]: Types of bonds can vary in
requirements, we will follow State law.

Commented [BR24]: Will follow whatever the State
law is
69 Item 4.

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

Sec. 1. Advertising the city; inducing
immigration.

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

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

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

Article XXVIII.

Sec. 1. Street and other public
improvements.

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

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

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

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

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

C. Provided, however, that the council may
by ordinance adopt a procedure for the
opening, extending, widening, closing
and improvement of streets, alleys, rights
of way or other public places, the laying of
pipe and conduits, and the removal from
buildings, lots and grounds, and the
sidewalks opposite thereto, of dirt, rubbish, weeds, and other rank growth and materials, which may injure or endanger
neighboring property, or the health or
welfare of the inhabitants of the city, and
for making and enforcing assessments
C-16
Commented [BR25]: The Council has the ability to
address Economic Development through the
budget process.

Formatted: Indent: Left: 0.09", Hanging: 0.31",
Right: 0.08", Space Before: 4.5 pt, Line spacing:

Multiple 1.08 li
70 Item 4.

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

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

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

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

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

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

Sec. 4. Contracts.

The council shall advertise annually for sealed
proposals or bids for printing and furnishing all
letterheads, stationery, tax bills, account books
and other printed matter likely to be re- quired
during the fiscal year.

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

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

C-17
Formatted: Indent: Left: 0.15", First line: 0", Space
Before: 4.15 pt, Line spacing: Multiple 1.08 li
Formatted: Indent: Left: 0.14", First line: 0", Right:

0.07", Space Before: 1.25 pt
71 Item 4.

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

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

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

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

Sec. 1. Franchises.

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

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

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

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

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

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

All officers and boards shall deliver to their
successors all papers, books, documents, records, archives, and other properties pertaining to their respective offices or departments, in their possession or under their control.
(Amended by vote of the people, April 12,
1983)
C-18
Commented [BR26]: Feeling is that this language
could be restrictive - and recommend that the City
follows applicable State laws here.
72 Item 4.

CHARTER
Sec. 2. General laws applicable.

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

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

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

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

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

Sec. 5. Continuing contracts in force.

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

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

Sec. 6. Validity.

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

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

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

Sec. 1. Title.

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

Sec. 2. Findings.

In order to maintain the quality of life as sought
by the residents of the City of Oroville,
C-19
Formatted: Font: Bold
73 Item 4.

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

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

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

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

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

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

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

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

Sec. 4. Prison Initiative enacted.

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

Sec. 5. Transmittal to State.

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

Sec. 6. Severability.

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

Sec. 7. Amendment.

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

C-20
74 Item 4.

CHARTER

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

ADVERTISING CITY
Regulations Art. XXII, Sec. 1

ATTORNEY, CITY
Office established Art. XI, Sec.
1 -CCLERK, CITY
Office established Art. XII, Sec.
1 CONTRACTS
Conflict of interest Art. XXVIII,
Sec. 3 Effect of provisions
Art. XXX, Sec. 5 Procedures
generally Art. XXVIII, Sec. 4
Required when Art. XXVIII,
Sec. 2

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

XXXI, Sec. 5
Procedure Art. IV, Sec. 1

ENGINEER, CITY
Office established Art. XVI,
Sec. 1
Formatted: Normal, Indent: Left: 1.09", Space
Before: 5.7 pt
Formatted: Space Before: 5.7 pt
Formatted: Normal, Left, Indent: Left: 1.09", Right:
0", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", First line: 0", Right:
0", Space Before: 5.7 pt, Line spacing: single
Formatted: Normal, Indent: Left: 1.09", Space
Before: 5.7 pt
Formatted: Indent: Left: 1.09", First line: 0", Right:
0", Space Before: 5.7 pt, Line spacing: single
Formatted: Normal, Indent: Left: 1.09", Space
Before: 5.7 pt
Formatted: Normal, Left, Indent: Left: 1.09", Right:
0", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", First line: 0", Space
Before: 5.7 pt, Line spacing: single
Formatted: Indent: Left: 1.09", Space Before: 5.7
pt, Line spacing: single
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", Right: 0", Space
Before: 5.7 pt, Line spacing: single
Formatted: Indent: Left: 1.09", Space Before: 5.7
pt, Line spacing: single
Formatted: Normal, Indent: Left: 1.09", Space
Before: 5.7 pt
75 Item 4.

ACCOUNTANT
_,_
Appropriations Art. XXVII, Sec.
1 Bond limit Art. XXV, Sec. 1
Budget Art. XXIV, Sec. 3
Fiscal year Art. XXIV, Sec. 1
Report, annual Art. XXIV, Sec.
4 Tax system Art. XXIV, Sec.
2 FIRE CHIEF
Office established Art. XIX,
Sec. 1

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

ELECTIONS
-LLIBRARY
Established Art. XXIII, Sec. 1
Cl-1
Formatted: Normal, Indent: Left: 1.09", Space
Before: 5.7 pt
Formatted: Normal, Left, Indent: Left: 1.09", Right:
0", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", First line: 0", Space
Before: 5.7 pt, Line spacing: single
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", First line: 0", Right:
0", Space Before: 5.7 pt, Line spacing: single
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Normal, Left, Indent: Left: 1.09", Right:
0", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", First line: 0", Right:
0", Space Before: 5.7 pt, Line spacing: single
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Left, Indent: Left: 1.09", Right: 0",
Space Before: 5.7 pt
76 Item 4.

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

VIII, Sec. 1a
-0-

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

PLANNING COMMISSION
Established Art. IX, Sec. 1

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

STREETS SUPERINTENDENT
Office established Art. XVla, Sec. 1
-TTREASURER, CITY
Office established Art. XV, Sec. 1
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", First line: 0", Right:
0", Space Before: 5.7 pt, Line spacing: single
Formatted: Normal, Indent: Left: 1.09", Space
Before: 5.7 pt
Formatted: Indent: Left: 1.09", Right: 0", Space
Before: 5.7 pt, Line spacing: single
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
Formatted: Indent: Left: 1.09", First line: 0", Right:
0", Space Before: 5.7 pt, Line spacing: single
Formatted: Indent: Left: 1.09", Space Before: 5.7 pt
77 Item 4.

ACCOUNTANT
Cl-2 Formatted: Left, Indent: Left: 1.09", Right: 0",
Space Before: 5.7 pt
78 Item 4.

City of Oroville
Resolution No. 9262

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE CALLING AND GIVING NOTICE OF AN ELECTION TO BE HELD ON NOVEMBER 5, 2024,

SUBMISSION OF BALLOT MEASURE PROPOSALS TO APPROVE AMENDMENTS

TO THE CITY CHARTER OF THE CITY OF OROVILLE BY THE ELECTORS OF THE

CITY OF OROVILLE
WHEREAS, the City Council of the City of Oroville has determined that it is necessary and desirable to amend the City Charter to improve governance, enhance operational efficiency, and better serve the residents of Oroville; and WHEREAS, Section 3 of Article XI of the California Constitution requires that proposed amendments to a City charter be submitted to the voters for approval; and WHEREAS, the proposed amendments to the City Charter have been drafted and reviewed by the City Council, legal counsel, and appropriate stakeholders, ensuring they are in the best interests of the City and its residents; and WHEREAS, the City Council desires to submit the proposed amendments to the City Charter to the voters at a special municipal election to be held on November 5, 2024; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oroville as follows:

1. Election Called: The City Council hereby calls a special municipal election to be held on November 5, 2024, for the purpose of submitting four questions to the qualified electors of the City of Oroville containing proposed amendments to the City Charter.

2. Four Measures Submitted to Voters: The questions to be submitted to the voters at the November 5, 2024 election shall be substantially in the following form:
2A. MEASURE ________
Shall the City of Oroville be amended to change the City Treasurer from an elected position to one that is appointed by the City Council?
YES
NO
79 Item 4.
2B. MEASURE ________
Shall the City of Oroville Charter be amended to cause
compensation for Council members and the Mayor to be
required to be set by ordinance of the City Council
YES
NO
2C. MEASURE ________
Shall the City of Oroville Charter be amended to repeal Articles XXVII Advertising the City and XXVIII Street and Other Public Improvements/Contracts, and to establish the Park Commission is an Advisory body to the City Council YES
NO
2D. MEASURE ________
Shall the City of Oroville Charter language be streamlined and updated including merging required departments and
commissions into a single Charter Article and making
associated clerical changes
YES
NO

3. Vote Requirement: That the vote requirement for the measures each to pass are a majority (50%+1) of the votes cast.

4. Full Text of Amendments: The full text of the proposed amendments to the City Charter, as approved by the City Council, are attached hereto as Exhibit A and incorporated herein by this reference.

5. Publication and Notice: The City Clerk is hereby directed to publish notice of the election and perform all other duties as required by law in connection with the conduct of the election, including the publication of the full text of the proposed amendments and/or causing them to be made available for review at the City and on the City’s website at no cost to members of the public as required by law. 80 Item 4.

6. Election Procedures: The election shall be conducted in accordance with the provisions of the Elections Code of the State of California and the ordinances of the City of Oroville pertaining to municipal elections.

7. Severability: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution that can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are severable.

8. Effective Date: This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 4
th day of June, 2024 by the following
vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

ATTEST:
__________________________________
________________________________
Kayla Reaster, Assistant City Clerk David Pittman, Mayor 81 Item 4.

City of Oroville
Resolution No. 9263

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE TO

CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403
WHEREAS, the City Council of the City of Oroville has called for a special municipal election to be held on November 5, 2024 for the purpose of submitting four measures to the voters regarding proposed amendments to the City Charter; and WHEREAS, it is desirable that the special municipal election be consolidated with the statewide general election to be held on November 5, 2024, and that within the City, the precincts, polling places, and election officers of the two elections be the same, and that the County Election Department of the County of Butte canvass the returns of the special municipal election and that the election be held in all respects as if there were only one election; and
WHEREAS, California Elections Code Section 10403 authorizes the consolidation of a special municipal election with a statewide general election; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oroville as follows:

1. Request for Consolidation: Pursuant to the requirements of California Elections Code Section 10403, the Board of Supervisors of the County of Butte is hereby requested to consolidate the special municipal election of the City of Oroville to be held on November 5, 2024 with the statewide general election to be held on November 5, 2024, for the purpose of submitting four measures to the voters regarding proposed amendments to the City Charter.

2. Conduct of Election: The County Election Department is authorized to canvass the returns of the special municipal election. The election shall be held and conducted in the manner prescribed in Elections Code Section 10418.

3. Election Services: The Board of Supervisors of the County of Butte is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. 82 Item 4.

4. Costs for Conducting Election: The City council hereby authorizes the City staff to reimburse the County of Butte in full for any of the services it provides in connection with this election, upon presentation of a bill to the City.

5. Publication and Notice: The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of the County of Butte and to the County Election Department, and to publish notice of the election and perform all other duties as required by law in connection with the conduct of the election.

6. Severability: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution that can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are severable.

7. Effective Date: This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 4
th day of June, 2024 by the following
vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

ATTEST:
__________________________________
________________________________
Kayla Reaster, Assistant City Clerk David Pittman, Mayor 83 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: EMPLOYMENT CONTRACT WITH ALSSYA STUTZ FOR POSITION OF

ASSISTANT DIRECTOR, PUBLIC WORKS
DATE: JUNE 4, 2024

SUMMARY
The Council will consider entering into an employment contract between the City of Oroville and Alyssa Stutz for the position of Assistant Director, Public Works.

DISCUSSION
A recruitment for the position of Assistant Director, Public works was recently conducted and Alyssa Stutz has been selected for this position.

Staff have prepared an employment contract with Mrs. Stutz with a starting salary of $151,602 (Step G of the Department Heads salary schedule) for a term of three years, from June 17, 2024, until June 16, 2027.

FISCAL IMPACT
There are sufficient appropriations in the Fiscal Year 2024-25 budget.

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

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND ALYSSA STUTZ.

ATTACHMENTS:

Employment Contract.
84 Item 5.

OROVILLE CITY COUNCIL
RESOLUTION NO. XXXX

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF OROVILLE AND ALYSSA STUTZ
(Agreement No. XXXX)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an employment agreement between the City of Oroville and Alyssa Stutz. A copy is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 85 Item 5.

EMPLOYMENT AGREEMENT FOR ASSISTANT DIRECTOR OF

PUBLIC WORKS BETWEEN THE CITY OF OROVILLE AND

ALYSSA STUTZ
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Alyssa Stutz ("Stutz"), collectively, the “Parties”, effective June 16, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Stutz as its Assistant Director of Public Works; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Stutz; and WHEREAS, Stutz desires to be employed as the Assistant Director of Public Works of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Stutz as the Assistant Director of Public Works of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign him/her.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 16, 2024, and shall continue until June 16, 2027. On or before January 16, 2027, Stutz shall give written notice to City if she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to Stutz of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Stutz shall not be entitled to any compensation except for any accrued vested benefits as listed below.

B. If Stutz resigns her position as Assistant Director of Public Works before the expiration date of the initial or any extended term of this Agreement, Stutz shall give the City a sixty (60) day written notice in advance. In such event, Stutz shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Stutz make such request.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Stutz from her position, without cause, as Assistant Director of Public Works, the City shall pay Stutz a lump-sum cash payment equal to six (6) months’ salary. In addition, Stutz shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Stutz is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses 86 Item 5.
to terminate the agreement, Stutz shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination.

Section 3. Drug Testing Policy:

Stutz agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Stutz becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. Stutz acknowledges and agrees that her job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to appoint Stutz at Step G on the salary schedule, an annual base salary of $151,602, and payable at the same time and manner as other Council Appointed Employees of the City are paid.
2025 Cost-of-living increase: Effective January 1, 2025, the City shall implement a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-OaklandHayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Cost-of-living increase: Effective January 1, 2026, the City shall implement a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-OaklandHayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Stutz each year of the contract and during any extension period of the contract. Upon the Council's concurrence with a satisfactory review, Stutz will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Stutz. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Stutz. The City Administrator's evaluation of Stutz will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Stutz's final evaluation.

Section 7. Hours of Work; Administrative Leave:

Stutz shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Stutz shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year.

Administrative leave balances remaining after cash-out at the end of each fiscal year are lost. 87 Item 5.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Stutz shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, Stutz shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Stutz suitable for her use while performing her duties as the Assistant Director of Public Works or compensate her, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Upon hire, Stutz shall be credited with a front-loaded amount of forty (40) hours of sick leave representing the first five months of sick leave accrual. The front-loaded sick leave shall be immediately available for use for any qualifying illness or injury. Stutz shall thereafter continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Stutz shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Upon hire, Stutz shall be credited with a front-loaded amount of forty (40) hours of accrued vacation. The front-loaded vacation leave shall be immediately available for use in compliance with the City’s policies on vacation leave use. Stutz shall begin to accumulate additional vacation leave at the rate of fifteen (15) working days of vacation per year. After three years as Assistant Director of Public Works, on the anniversary date, Stutz’s accrual shall increase from fifteen (15) working days per year to twenty (20) working days per year. Thereafter, one additional day per year shall be added to the accumulation rate, above, on the employees’ next anniversary date in his/her assistant department head position until a maximum rate of 25 days per year is reached.

Beginning May 21, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings. 88 Item 5.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, Stutz may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Stutz and her eligible dependents.

City Paid Medical Benefit After Retirement:

This section will terminate in five years on June 4, 2029, without reconsideration by the City Council. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 25 years of service or 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees. 89 Item 5.

Section 12. Holidays: Stutz is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Stutz shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Stutz in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Stutz will pay 7% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. Stutz and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Stutz shall have the option to convert her unused sick leave balance to CalPERS service credit or she may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Stutz may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Stutz elects to convert her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Stutz shall have the option of continuing medical, dental and vision insurance coverage at her own expense, consistent with current City policy and Federal law. If, after her retirement, Stutz becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Stutz. The City shall contribute 3% of Stutz’s base salary to Stutz’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Stutz contributes to Stutz’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Stutz shall only accept outside employment that involves teaching or training related to her profession and any existing 90 Item 5.
agreements. Any outside employment shall not interfere with Stutz’s duties while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Stutz necessary for her continuation and full participation in national, regional, state, and local associations and organizations as are desirable for her continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Stutz for professional and official travel, meetings, and occasions to continue the professional development of Stutz, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Stutz serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Stutz for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Stutz, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Stutz is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all Stutz's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Stutz against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Stutz's duties as Assistant Director of Public Works, except for any civil action or proceeding brought against Stutz for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Stutz under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:
91 Item 5.

It is understood and agreed by City and Stutz that Stutz is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Stutz serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Stutz acknowledges and agrees that she is otherwise subject to all other City Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO Stutz: Stutz at her permanent residence address on record with the City of Oroville Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Stutz.

C. This Agreement shall not be assigned by Stutz or City.

D. This Agreement shall not be modified without the written consent of Stutz and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Alyssa Stutz, Assistant Director of Public Works
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
92 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: APPROVAL OF UPDATED SALARY TABLES FOR ASSISTANT POLICE

CHIEF AND POLICE CHIEF AND APPROVAL OF CONTRACT

AMENDMENTS FOR ALL CONTRACTED STAFF
DATE: JUNE 4, 2024

SUMMARY
The City Council is requested to adopt the resolutions necessary to approve the amendments to contracted staff contracts and to approve a new salary table for the Assistant Chief of Police and Police Chief.

DISCUSSION
Following completion of negotiations with represented employees, City Administrator Brian Ring with assistance from Assistant City Attorney David Ritchie and HR Manager Liz Ehrenstrom engaged in extensive revisions to Department Head Contracts.

Some of the key changes are:

No changes to the Term (Duration) of the existing contracts Drug testing policy section modified to conform with current law Implements pay increases for (non-police department heads): One-time payments in lieu of increases as specified in the Agreements for 2024. One-time payments in lieu of COLA increases in 2025 and 2026 based on CPI not to exceed 5%, but no less than 3%.

Implements pay increases for police department command staff positions according to a new salary table with a one-time “True-up” increase for 2024 to make the total increase in 2024 3%, and COLA increases in 2025 and 2026.

Implements a cap of 3x annual accrual to vacation time (eliminates the prior unlimited accrual of vacation time) and adds a mandatory buy-back of excess accruals over a period of the next two years.

Implements the formula for longevity retiree medical premiums for department heads. This is the formula previously approved by Council.
93 Item 6.

Implements the “Juneteenth” holiday in department head contracts, consistent with all other employees of the City.

Streamlines and updates the contract language of each Agreement.

In addition, staff are recommending that the new salaries be set for the Assistant Chief of Police and the Police Chief.

FISCAL IMPACT
Changes are included in existing budget

RECOMMENDATION
Approve the attached resolutions

ATTACHMENTS
Resolution Amending the Employment Agreement with Public Works Director Fred Mayo and Employment Agreement between the City and Fred Mayo
Resolution Amending the Employment Agreement with Director of Business Assistance and Housing Development Amy Bergstrand and Employment Agreement between the City and Director of Business Assistance and Housing Development Amy Bergstrand Resolution Amending the Employment Agreement with Finance Director Ruth Duncan and Employment Agreement between the City and Finance Director Ruth Duncan Resolution Amending the Employment Agreement with Director of Community Development Pat Piatt and Employment Agreement between the City and Director of Community Development Pat Piatt
Resolution Amending the Employment Agreement with Director of Code Enforcement Ron Belser and Employment Agreement between the City and Director of Code Enforcement Ron Belser
Resolution Amending the Employment Agreement with Assistant Police Chief Jess Darnell and Employment Agreement between the City and Assistant Police Chief Jess Darnell Resolution Amending the Employment Agreement with Police Chief Bill LaGrone and Amendment to employment agreement between the City and Police Chief Bill LaGrone 94 Item 6.

Resolution Amending the Employment Agreement with City Administrator Brian Ring and Employment Agreement between the City and City Administrator Brian Ring Updated Salary Table for Assistant Chief and Chief of Police and Resolution Approving Updated Salary Table for Assistant Chief of Police and Chief of Police Classifications 95 Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND FRED MAYO
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Fred Mayo. The Amendment is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 96 Item 6.

EMPLOYMENT AGREEMENT FOR DIRECTOR OF PUBLIC

WORKS BETWEEN THE CITY OF OROVILLE AND FRED MAYO
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Fred Mayo ("Mayo"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Mayo as its Director of Public Works; and WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Mayo; and WHEREAS, Mayo desires to be employed as the Director of Public Works of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Mayo as the Director of Public Works of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign him/her.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 4, 2024, and shall continue until July 31, 2026. On or before January 31, 2026, Mayo shall give written notice to City if he wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to Mayo of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Mayo shall not be entitled to any compensation except for any accrued vested benefits as listed below.

B. If Mayo resigns his position as Director of Public Works before the expiration date of the initial or any extended term of this Agreement, Mayo shall give the City a sixty (60) day written notice in advance. In such event, Mayo shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Mayo make such request.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Mayo from his position, without cause, as Director of Public Works, the City shall pay Mayo a lump-sum cash payment equal to six (6) months’ salary. In addition, Mayo shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Mayo is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses to terminate the agreement, Mayo shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination.
97 Item 6.

Section 3. Drug Testing Policy:

Mayo agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Mayo becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. Mayo acknowledges and agrees that his job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to maintain Mayo at Step F of the department head salary schedule, an annual base salary of $158,028, and payable at the same time and manner as other Council Appointed Employees of the City are paid.
2024 Payment in Lieu of Cost-of-living Increase: Mayo shall be paid a payment in lieu of a 2024 Cost-of-living increase equivalent to 3% of salary at the 1/1/2024 level this payment is calculated to be $4,741, less applicable tax withholdings.
2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Mayo each year of the contract and during any extension period of the contract. Upon the Council's concurrence with a satisfactory review, Mayo will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Mayo. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Mayo. The City Administrator's evaluation of Mayo will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Mayo's final evaluation.

Section 7. Hours of Work; Administrative Leave:

Mayo shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Mayo shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end he shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be 98 Item 6.
taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year.

Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Mayo shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against his sick leave. Before taking such leave, Mayo shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Mayo suitable for his use while performing his duties as the Director of Public Works or compensate him, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Mayo shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Mayo shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Mayo shall accumulate vacation leave at the rate of fifteen (15) working days of vacation per year.

After three years as Director of Public Works, on the anniversary date, Mayo’s accrual shall increase from fifteen (15) working days per year to twenty (20) working days per year. Thereafter, one additional day per year shall be added to the accumulation rate, above, on the employees’ next anniversary date in his department head position until a maximum rate of 25 days per year is reached.

Beginning June 4, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.
99 Item 6.

In addition to the above mandatory draw-down schedule for excess vacation, Mayo may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Mayo and his eligible dependents.

City Paid Medical Benefit after Retirement
This section will terminate in five years on June 4, 2029, without reconsideration or negotiations with the Department Head. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 12. Holidays: Mayo is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Mayo shall be compensated for each holiday at the straight time compensation rate. 100
Item 6.

Section 13. Technology Fee:

City shall provide a technology allowance to Mayo in the amount of $100/month to compensate him for the use of his private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Mayo will pay 7% of the employee share of his CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. Mayo and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Mayo shall have the option to convert his unused sick leave balance to CalPERS service credit or he may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Mayo may also elect to split his unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Mayo elects to convert his unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Mayo shall have the option of continuing medical, dental and vision insurance coverage at his own expense, consistent with current City policy and Federal law. If, after his retirement, Mayo becomes deceased before his dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Mayo. The City shall contribute 3% of Mayo’s base salary to Mayo’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Mayo contributes to Mayo’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Mayo shall only accept outside employment that involves teaching or training related to his profession and any existing agreements. Any outside employment shall not interfere with Mayo’s duties while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Mayo necessary for his continuation and full participation in national, regional, state, and local associations and organizations as are desirable for his continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget. 101
Item 6.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Mayo for professional and official travel, meetings, and occasions to continue the professional development of Mayo, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Mayo serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Mayo for short courses, institutes and seminars that are necessary for his professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Mayo, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Mayo is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all Mayo's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Mayo against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Mayo's duties as Director of Public Works, except for any civil action or proceeding brought against Mayo for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Mayo under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Mayo that Mayo is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Mayo serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Mayo acknowledges and agrees that he is otherwise subject to all other City Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:
102
Item 6.

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO Mayo: Mayo at his permanent residence address on record with the City of Oroville Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Mayo.

C. This Agreement shall not be assigned by Mayo or City.

D. This Agreement shall not be modified without the written consent of Mayo and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Fred Mayo, Director of Public Works APPROVED AS TO FORM:

Scott E. Huber, City Attorney
103
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY

BERGSTRAND
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Amy Bergstrand. The Amendment is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 104
Item 6.

EMPLOYMENT AGREEMENT FOR DIRECTOR OF BUSINESS

ASSISTANCE AND HOUSING DEVELOPMENT BETWEEN THE

CITY OF OROVILLE AND AMY BERGSTRAND
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Amy Bergstrand ("Bergstrand"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Bergstrand as its Director of Business Assistance and Housing Development; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Bergstrand; and WHEREAS, Bergstrand desires to be employed as the Director of Business Assistance and Housing Development of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Bergstrand as the Director of Business Assistance and Housing Development of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign her.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 4, 2024, and shall continue until March 15, 2026. On or before October 15, 2025, Bergstrand shall give written notice to City if she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to Bergstrand of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Bergstrand shall not be entitled to any compensation except for any accrued vested benefits as listed below.

B. If Bergstrand resigns her position as Director of Business Assistance and Housing Development before the expiration date of the initial or any extended term of this Agreement, Bergstrand shall give the City a sixty (60) day written notice in advance. In such event, Bergstrand shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Bergstrand make such request.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Bergstrand from her position, without cause, as Director of Business Assistance and Housing Development, the City shall pay Bergstrand a lump-sum cash payment equal to six (6) months’ salary. In addition, Bergstrand shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Bergstrand is discharged for cause or for conviction of a crime, City shall have no obligation 105
Item 6.
to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses to terminate the agreement, Bergstrand shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination.

Section 3. Drug Testing Policy:

Bergstrand agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Bergstrand becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. Bergstrand acknowledges and agrees that her job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to adjust Bergstrand from Step C to Step E of the department head salary schedule, to an annual base salary of $150,123, effective May 27, 2024, and payable at the same time and manner as other Council Appointed Employees of the City are paid. Bergstrand shall also be provided with a one-time payment, paid along with the next regularly scheduled payroll following City Council adoption of this Agreement, in the amount of $2900.00, less any applicable tax withholdings.
2024 Payment in Lieu of Cost-of-living Increase: Bergstrand shall be paid a payment in lieu of a 2024 Cost-of-living increase equivalent to 3% of salary at the 1/1/2024 level (Step C) this payment is calculated to be $4,065, less applicable tax withholdings. 2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Bergstrand each year of the contract and during any extension period of the contract. Upon the Council's concurrence with the satisfactory review, Bergstrand will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Bergstrand. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in 106
Item 6.
consultation with Bergstrand. The City Administrator's evaluation of Bergstrand will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Bergstrand's final evaluation.

Section 7. Hours of Work; Administrative Leave:

Bergstrand shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Bergstrand shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year. Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Bergstrand shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, Bergstrand shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-inlaw or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Bergstrand suitable for her use while performing her duties as the Director of Business Assistance and Housing Development or compensate her, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Bergstrand shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Bergstrand shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Bergstrand shall accumulate vacation leave at the rate of twenty-one (21) working days of vacation per year. One additional day per year shall be added to the accumulation rate, above, on the employees’ anniversary date in her department head position until a maximum rate of 25 days per year is reached.

Beginning June 4, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings. 107
Item 6.

Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, Bergstrand may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Bergstrand and her eligible dependents.

City Paid Medical Benefit after Retirement
This section will terminate in five years on June 4, 2029, without reconsideration or negotiations with the Department Head. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.
108
Item 6.

Section 12. Holidays: Bergstrand is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Bergstrand shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Bergstrand in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Bergstrand will pay 7% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. Bergstrand and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Bergstrand shall have the option to convert her unused sick leave balance to CalPERS service credit or she may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Bergstrand may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Bergstrand elects to convert her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Bergstrand shall have the option of continuing medical, dental and vision insurance coverage at her own expense, consistent with current City policy and Federal law. If, after her retirement, Bergstrand becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Bergstrand. The City shall contribute 3% of Bergstrand’s base salary to Bergstrand’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Bergstrand contributes to Bergstrand’s Deferred Compensation Plan. 109
Item 6.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Bergstrand shall only accept outside employment that involves teaching or training related to her profession and any existing agreements. Any outside employment shall not interfere with Bergstrand’s duties while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Bergstrand necessary for her continuation and full participation in national, regional, state, and local associations and organizations as are desirable for her continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Bergstrand for professional and official travel, meetings, and occasions to continue the professional development of Bergstrand, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Bergstrand serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Bergstrand for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Bergstrand, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Development Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Bergstrand is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all of Bergstrand's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Bergstrand against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Bergstrand's duties as Director of Business Assistance and Housing Development, except for any civil action or proceeding brought against Bergstrand for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. 110
Item 6.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Bergstrand under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Bergstrand that Bergstrand is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Bergstrand serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Bergstrand acknowledges and agrees that she is otherwise subject to all other City Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO BERGSTRAND: Bergstrand at her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Bergstrand.

C. This Agreement shall not be assigned by Bergstrand or City.

D. This Agreement shall not be modified without the written consent of Bergstrand and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Amy Bergstrand, Director of Business Assistance and Housing Development
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
111
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RUTH DUNCAN
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Ruth Duncan. The Amendment is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 112
Item 6.

EMPLOYMENT AGREEMENT FOR ASSISTANT CITY

ADMINISTRATOR/DIRECTOR OF FINANCE BETWEEN THE CITY

OF OROVILLE AND RUTH DUNCAN
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Ruth Duncan ("Duncan"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Duncan as its Assistant City Administrator/Director of Finance; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Duncan; and WHEREAS, Duncan desires to be employed as the Assistant City Administrator/Director of Finance (Director of Finance) of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Duncan as the Director of Finance of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign her.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 4, 2024, and shall continue until May 17, 2025. On or before November 17, 2024, Duncan shall give written notice to City if she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to Duncan of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Duncan shall not be entitled to any compensation except for any accrued vested benefits as listed below.

B. If Duncan resigns her position as Director of Finance before the expiration date of the initial or any extended term of this Agreement, Duncan shall give the City a sixty (60) day written notice in advance. In such event, Duncan shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Duncan make such request.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Duncan from her position, without cause, as Director of Finance, the City shall pay Duncan a lump-sum cash payment equal to six (6) months’ salary. In addition, Duncan shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Duncan is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses to 113
Item 6.
terminate the agreement, Duncan shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination.

Section 3. Drug Testing Policy:

Duncan agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Duncan becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. Duncan acknowledges and agrees that her job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to place Duncan at Step H of the department head salary schedule, an annual base salary of $175,100, upon the effective date noted above and payable at the same time and manner as other Council Appointed Employees of the City are paid. 2024 Payment in Lieu of Cost-of-living Increase: Duncan shall be paid a payment in lieu of a 2024 Cost-of-living increase equivalent to 3% of salary at the 1/1/2024 level (Step G) this payment is calculated to be $5,250, less applicable tax withholdings. 2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
(If Applicable) 2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase.

This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Duncan each year of the contract and during any extension period of the contract. Upon the Council's concurrence with the satisfactory review, Duncan will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Duncan. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Duncan. The City Administrator's evaluation of Duncan will be shared with the Mayor and Council.

The Mayor and Council may add additional comments to Duncan's final evaluation.

Section 7. Hours of Work; Administrative Leave:

Duncan shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Duncan shall be required 114
Item 6.
to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year.

Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Duncan shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, Duncan shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-inlaw or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Duncan suitable for her use while performing her duties as the Director of Finance or compensate her, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Duncan shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Duncan shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Duncan shall accumulate vacation leave at the maximum rate of twenty-five (25) working days of vacation per year. Upon ratification of this Agreement, Duncan shall be credited with eight (8) additional days of vacation time into her accrued vacation leave bank.

Beginning June 4, 2026, Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation, there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, Duncan may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The 115
Item 6.

City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Duncan and her eligible dependents.

City Paid Medical Benefit after Retirement
This section will terminate in five years on June 4, 2029, without reconsideration or negotiations with the Department Head. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 12. Holidays: Duncan is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Duncan shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:
116
Item 6.

City shall provide a technology allowance to Duncan in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Duncan will pay 7% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. Duncan and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Duncan shall have the option to convert her unused sick leave balance to CalPERS service credit or she may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Duncan may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Duncan elects to convert her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Duncan shall have the option of continuing medical, dental and vision insurance coverage at her own expense, consistent with current City policy and Federal law. If, after her retirement, Duncan becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Duncan. The City shall contribute 3% of Duncan’s base salary to Duncan’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Duncan contributes to Duncan’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Duncan shall only accept outside employment that involves teaching or training related to her profession and any existing agreements. Any outside employment shall not interfere with Duncan’s duties while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Duncan necessary for her continuation and full participation in national, regional, state, and local associations and organizations as are desirable for her continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget. 117
Item 6.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Duncan for professional and official travel, meetings, and occasions to continue the professional development of Duncan, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Duncan serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Duncan for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Duncan, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Duncan is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all of Duncan's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Duncan against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Duncan's duties as Director of Finance, except for any civil action or proceeding brought against Duncan for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Duncan under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Duncan that Duncan is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Duncan serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Duncan acknowledges and agrees that she is otherwise subject to all other City Personnel Rules and Regulations.
118
Item 6.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO DUNCAN: Duncan at her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Duncan.

C. This Agreement shall not be assigned by Duncan or City.

D. This Agreement shall not be modified without the written consent of Duncan and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Ruth Duncan, Assistant City Administrator / Director of Finance
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
119
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND PAT PIATT
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Pat Piatt. The Amendment is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 120
Item 6.

EMPLOYMENT AGREEMENT FOR DIRECTOR OF COMMUNITY

DEVELOPMENT BETWEEN THE CITY OF OROVILLE AND

PATRICK PIATT
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Patrick Piatt ("Piatt"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Piatt as its Director of Community Development; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Piatt; and WHEREAS, Piatt desires to be employed as the Director of Community Development of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Piatt as the Director of Community Development of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign him.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 4, 2024, and shall continue until August 7, 2026. On or before February 7, 2026 Piatt shall give written notice to City if he wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to Piatt of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Piatt shall not be entitled to any compensation except for any accrued vested benefits as listed below.

B. If Piatt resigns his position as Director of Community Development before the expiration date of the initial or any extended term of this Agreement, Piatt shall give the City a sixty (60) day written notice in advance. In such event, Piatt shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Piatt make such request.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Piatt from his position, without cause, as Director of Community Development, the City shall pay Piatt a lump-sum cash payment equal to six (6) months’ salary. In addition, Piatt shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Piatt is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses 121
Item 6.
to terminate the agreement, Piatt shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination.

Section 3. Drug Testing Policy:

Piatt agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Piatt becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. Piatt acknowledges and agrees that his job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to adjust Piatt from Step C to Step D of the department head salary schedule, to an annual base salary of $142,619, effective May 27, 2024, and payable at the same time and manner as other Council Appointed Employees of the City are paid. Piatt shall also be provided with a one-time payment, paid along with the next regularly scheduled payroll following City Council adoption of this Agreement, in the amount of $2175.00, less any applicable tax withholdings.
2024 Payment in Lieu of Cost-of-living Increase: Piatt shall be paid a payment in lieu of a 2024 Cost-of-living increase equivalent to 3% of salary at the 1/1/2024 level this payment is calculated to be $4,065, less applicable tax withholdings.
2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Piatt each year of the contract and during any extension period of the contract. Upon the Council's concurrence with the satisfactory review, Piatt will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Piatt. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Piatt. The City Administrator's evaluation of Piatt will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Piatt's final evaluation. 122
Item 6.

Section 7. Hours of Work; Administrative Leave:

Piatt shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Piatt shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end he shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year.

Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Piatt shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against his sick leave. Before taking such leave, Piatt shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Piatt suitable for his use while performing his duties as the Director of Community Development or compensate him, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Piatt shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Piatt shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Piatt shall accumulate vacation leave at the rate of twenty (20) working days of vacation per year.

One additional day per year shall be added to the accumulation rate, above, on the employees’ anniversary date in his department head position until a maximum rate of 25 days per year is reached.

Beginning June 4, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.
123
Item 6.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, Wright may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Piatt and his/her eligible dependents.

City Paid Medical Benefit after Retirement
This section will terminate in five years on June 4, 2029, without reconsideration or negotiations with the Department Head. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 12. Holidays: Piatt is authorized to celebrate the following holidays:

1. New Year's Day 2. Martin Luther King Day
124
Item 6.

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Piatt shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Piatt in the amount of $100/month to compensate him for the use of his private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Piatt will pay 7% of the employee share of his CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. Piatt and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Piatt shall have the option to convert his unused sick leave balance to CalPERS service credit or he may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Piatt may also elect to split his unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Piatt elects to convert his unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Piatt shall have the option of continuing medical, dental and vision insurance coverage at his own expense, consistent with current City policy and Federal law. If, after his retirement, Piatt becomes deceased before his dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Piatt. The City shall contribute 3% of Piatt’s base salary to Piatt’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Piatt contributes to Piatt’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Piatt shall only accept outside employment that involves teaching or training related to his profession and any existing agreements. Any outside employment shall not interfere with Piatt’s duties as while employed by 125
Item 6.
the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Piatt necessary for his continuation and full participation in national, regional, state, and local associations and organizations as are desirable for his continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Piatt for professional and official travel, meetings, and occasions to continue the professional development of Piatt, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Piatt serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Piatt for short courses, institutes and seminars that are necessary for his professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Piatt, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Piatt is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all of Piatt's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Piatt against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Piatt's duties as Director of Community Development, except for any civil action or proceeding brought against Piatt for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Piatt under any law or ordinance.
126
Item 6.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Piatt that Piatt is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Piatt serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Piatt acknowledges and agrees that he is otherwise subject to all other City Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO PIATT: Piatt at his/her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Piatt.

C. This Agreement shall not be assigned by Piatt or City.

D. This Agreement shall not be modified without the written consent of Piatt and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Patrick Piatt, Director of Community Development
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
127
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RON BELSER
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Ron Belser. The Amendment is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 128
Item 6.

EMPLOYMENT AGREEMENT FOR DIRECTOR OF CODE

ENFORCEMENT BETWEEN THE CITY OF OROVILLE AND RON
BELSER
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Ron Belser ("Belser"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Belser as its Director of Code Enforcement; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Belser; and WHEREAS, Belser desires to be employed as the Director of Code Enforcement of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Belser as the Director of Code Enforcement of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign him.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 4, 2024, and shall continue until January 18, 2026. On or before July 18, 2025, Belser shall give written notice to City if he wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to Belser of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Belser shall not be entitled to any compensation except for any accrued vested benefits as listed below.

B. If Belser resigns his position as Director of Code Enforcement before the expiration date of the initial or any extended term of this Agreement, Belser shall give the City a sixty (60) day written notice in advance. In such event, Belser shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Belser make such request.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Belser from his position, without cause, as Director of Code Enforcement, the City shall pay Belser a lump-sum cash payment equal to six (6) months’ salary. In addition, Belser shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Belser is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses to terminate the agreement, Belser shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination. 129
Item 6.

Section 3. Drug Testing Policy:

Belser agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Belser becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. Belser acknowledges and agrees that his job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to maintain Belser at Step E of the department head salary schedule, to an annual base salary of $150,123 and payable at the same time and manner as other Council Appointed Employees of the City are paid.
2024 Payment in Lieu of Cost-of-living Increase: Belser shall be paid a payment in lieu of a 2024 Cost-of-living increase equivalent to 3% of salary at the 1/1/2024 level (Step C) this payment is calculated to be $4,065, less applicable tax withholdings. 2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Belser each year of the contract and during any extension period of the contract. Upon the Council's concurrence with the satisfactory review, Belser will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Belser. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Belser. The City Administrator's evaluation of Belser will be shared with the Mayor and Council.

The Mayor and Council may add additional comments to Belser's final evaluation.

Section 7. Hours of Work; Administrative Leave:

Belser shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Belser shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end he shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, 130
Item 6.
up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year.

Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Belser shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against his sick leave. Before taking such leave, Belser shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Belser suitable for his use while performing his duties as the Director of Code Enforcement or compensate him, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Belser shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Belser shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Belser shall accumulate vacation leave at the rate of twenty-one (21) working days of vacation per year. One additional day per year shall be added to the accumulation rate, above, on the employees’ anniversary date in his department head position until a maximum rate of 25 days per year is reached.

Beginning June 4, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, Belser may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains 131
Item 6.
sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Belser and his eligible dependents.

City Paid Medical Benefit after Retirement
This section will terminate in five years on June 4, 2029, without reconsideration or negotiations with the Department Head. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 12. Holidays: Belser is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Belser shall be compensated for each holiday at the straight time compensation rate. 132
Item 6.

Section 13. Technology Fee:

City shall provide a technology allowance to Belser in the amount of $100/month to compensate him for the use of his private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Belser will pay 7% of the employee share of his CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. Belser and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Belser shall have the option to convert his unused sick leave balance to CalPERS service credit or he may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Belser may also elect to split his unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Belser elects to convert his unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Belser shall have the option of continuing medical, dental and vision insurance coverage at his own expense, consistent with current City policy and Federal law. If, after his retirement, Belser becomes deceased before his dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Belser. The City shall contribute 3% of Belser’s base salary to Belser’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Belser contributes to Belser’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Belser shall only accept outside employment that involves teaching or training related to his profession and any existing agreements. Any outside employment shall not interfere with Belser’s duties while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Belser necessary for his continuation and full participation in national, regional, state, and local associations and organizations as are desirable for his continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget. 133
Item 6.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Belser for professional and official travel, meetings, and occasions to continue the professional development of Belser, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Belser serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Belser for short courses, institutes and seminars that are necessary for his professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Belser, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Development Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Belser is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all of Belser's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Belser against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Belser's duties as Director of Code Enforcement, except for any civil action or proceeding brought against Belser for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Belser under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Belser that Belser is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Belser serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Belser acknowledges and agrees that he is otherwise subject to all other City Personnel Rules and Regulations.
134
Item 6.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO BELSER: Belser at his permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Belser.

C. This Agreement shall not be assigned by Belser or City.

D. This Agreement shall not be modified without the written consent of Belser and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Ron Belser, Director of Code Enforcement APPROVED AS TO FORM:

Scott E. Huber, City Attorney
135
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND JESS

DARNELL
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Jess Darnell. The Amendment is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 136
Item 6.

EMPLOYMENT AGREEMENT FOR ASSISTANT POLICE CHIEF

BETWEEN THE CITY OF OROVILLE AND JESS DARNELL
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Jess Darnell ("Darnell"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Darnell as its Assistant Police Chief; and WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Darnell; and WHEREAS, Darnell desires to be employed as the Assistant Police Chief of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Darnell as the Assistant Chief of Police of the City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City, the approved job description (which may all be amended from time to time) and such other legally permissible and proper duties and functions as the Council shall from time-to-time assign to him.

Within thirty months, Darnell shall obtain the Supervisory Certificate and Management Certificate from the California Commission on Police Officer Standards and Training.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 4, 2024, and shall continue until January 7, 2027 at which time Darnell may request a 2-year extension of this contract. On or before July 7, 2026, Darnell shall give written notice to City if he/she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to Darnell of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Darnell shall not be entitled to any compensation except for any accrued vested benefits as listed below.

B. If Darnell resigns his/her position as Assistant Police Chief before the expiration date of the initial or any extended term of this Agreement, Darnell shall give the City a sixty (60) day written notice in advance. In such event, Darnell shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Darnell make such request.

C. City or Darnell, as an at-will employee, may terminate this Agreement at any time with or without cause. If the City discharges Darnell from his/her position, without cause, as Assistant Police Chief, the City shall pay Darnell a lump-sum cash payment equal to six (6) months’ salary. In addition, Darnell shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Darnell is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. 137
Item 6.

In any event, if the City chooses to terminate the agreement, Darnell shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination.

Personnel actions affecting Darnell shall be subject to adherence with the requirements of the California Peace Officer Bill of Rights Act, Government Code Sections 3300 et. seq.

Section 3. Drug Testing Policy:

Darnell agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Darnell becomes permanently disabled or is otherwise unable to perform his/her duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. Darnell acknowledges and agrees that his or her job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to place Darnell at Step D of the Assistant Chief salary schedule, an annual base salary of $132,391, and payable at the same time and manner as other Council Appointed Employees of the City are paid.
2024 One-time Payment: Upon ratification, the City shall provide Darnell with a one-time payment of $1,928.18 less applicable withholdings in lieu.
2025 Cost-of-living increase: Effective January 1, 2025, the City shall implement a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-OaklandHayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Cost-of-living increase: Effective January 1, 2026, the City shall implement a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-OaklandHayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Chief of Police shall complete a performance evaluation of Darnell each year of the contract and during any extension period of the contract. Upon the City Administrator’s concurrence with the satisfactory review, Darnell will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the Police Chief, City Administrator and Darnell. Such criteria may be added to or deleted from, as the Police Chief and City Administrator may determine from time to time, in consultation with Darnell. The evaluation of Darnell will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Darnell's final evaluation.

Section 7. Hours of Work; Administrative Leave:

Darnell shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Darnell shall be required 138
Item 6.
to devote a great deal of time outside of normal office hours on business of City, and to that end he/she shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours, shall be cashed out on the 2nd pay period in June of each year. Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Darnell shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against his/her sick leave. Before taking such leave, Darnell shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-inlaw or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Darnell suitable for his/her use while performing his/her duties as the Assistant Police Chief or compensate him/her, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Darnell shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Darnell shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Darnell shall accumulate vacation leave at the rate of fifteen (15) working days of vacation per year. After three years as Assistant Chief of Police, on the anniversary date, Darnell’s accrual shall increase from fifteen (15) working days per year to twenty (20) working days per year.

Thereafter, one additional day per year shall be added to the accumulation rate, above, on the employees’ next anniversary date in his/her position until a maximum rate of 25 days per year is reached.

Beginning May 21, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.
139
Item 6.

Installment 4: On the payday for the period including May 21, 2026 all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, Darnell may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Darnell and his/her eligible dependents.

City Paid Medical Benefit After Retirement:

This section will terminate on June 4, 2029, without reconsideration by the City Council. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 25 years of service or 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their 140
Item 6.

CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee.

Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 12. Holidays: Darnell is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Darnell shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Darnell in the amount of $100/month to compensate him/her for the use of his/her private cell phone and laptop/tablet for City business unless such cell phone and laptop/tablet are provided by City.

Section 14. Uniform Allowance:

On the first pay period in December, and each first pay period in December thereafter; Darnell shall receive an annual clothing allowance of $950.00. This will constitute the clothing allowance for the following calendar year.

The City agrees to provide Darnell with the following uniform insignia:
1) Patches - up to 8 sets per year as needed
2) Pins - as needed
3) Badge
Section 15. Retirement:

Darnell, who is a new member to CalPERS, will pay 50% of the normal cost, as determined by CalPERS each year, plus an additional 3% cost sharing contribution. “New members” (also referred to as PEPRA CalPERS members) shall be defined as individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was not a member of another public retirement system prior to that date, and who is not subject to reciprocity with another public retirement system.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Darnell shall have the option to convert his/her unused sick leave balance to CalPERS service credit or he/she may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Darnell may also elect to split his/her 141
Item 6.
unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Darnell elects to convert his/her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Darnell shall have the option of continuing medical, dental and vision insurance coverage at his/her own expense, consistent with current City policy and Federal law. If, after his/her retirement, Darnell becomes deceased before his/her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 16. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Darnell. The City shall contribute 3% of Darnell’s base salary to Darnell’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Darnell contributes to Darnell’s Deferred Compensation Plan.

Section 17. Outside Employment:

During the term of the Agreement, and any extensions thereof, Darnell shall only accept outside employment that involves teaching or training related to his/her profession and any existing agreements. Any outside employment shall not interfere with Darnell’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 18. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Darnell necessary for his/her continuation and full participation in national, regional, state, and local associations and organizations as are desirable for his/her continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated therefore in the annual budget.

Section 19. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Darnell for professional and official travel, meetings, and occasions to continue the professional development of Darnell, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Darnell serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Darnell for short courses, institutes and seminars that are necessary for his/her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

Section 20. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Darnell, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 21. Civic Club Membership:
142
Item 6.

City recognizes the desirability of representation in and before local civic and other organizations, and Darnell is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all Darnell's civic club membership expenses.

Section 22. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Darnell against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Darnell's duties as Assistant Police Chief, except for any civil action or proceeding brought against Darnell for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 23. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Darnell under any law or ordinance.

Section 24. Other Terms and Conditions of Employment:

It is understood and agreed by City and Darnell that Darnell is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Darnell serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Darnell acknowledges and agrees that he/she is otherwise subject to all other City Personnel Rules and Regulations.

Section 25. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO Darnell: Darnell at his/her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 26. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Darnell.

C. This Agreement shall not be assigned by Darnell or City.

D. This Agreement shall not be modified without the written consent of Darnell and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held May 21, 2024. 143
Item 6.

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

CITY OF OROVILLE
David Pittman, Mayor Jess Darnell, Assistant Police Chief APPROVED AS TO FORM:

Scott E. Huber, City Attorney
144
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND BILLY

LA GRONE
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Bill La Grone. The Amendment is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 145
Item 6.
146
Item 6.
147
Item 6.
148
Item 6.
149
Item 6.
150
Item 6.
151
Item 6.
152
Item 6.
153
Item 6.
154
Item 6.

AMENDMENT TO EMPLOYMENT AGREEMENT BEWTEEN THE

CITY OF OROVILLE AND POLICE CHIEF BILLY LA GRONE
This amendment to the employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Bill La Grone ("LaGrone"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City adopted an employment agreement made between it and La Grone (Agreement no. 1969-11) on December 20, 2022; and
WHEREAS, it is the desire of the City Council (“Council”) of the City and LaGrone to amend said Agreement to provide for adjustments to compensation and benefits provided to La Grone thereunder; and
WHEREAS, section 25 of the Employment Agreement provides that amendments may be made with written consent of La Grone.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to the following amendments to La Grone’s employment Agreement:

Section 5 is hereby amended to read as follows:

Section 5. Salary:

City agrees to place EMPLOYEE at Step H of the Police Chief salary schedule, an annual base salary of $185,060.62 effective upon ratification, and payable at the same time and manner as other Council Appointed Employees of the City are paid.

One-time Payment: Upon ratification, the City shall pay a one-time payment to La Grone of $2,662.85 less applicable taxes and withholdings.
2025 Cost-of-living increase: Effective pay period including January 1, 2025 the City shall implement a 3% increase to the base salary range for the Police Chief classification.

Section 6 is hereby amended to read as follows:

Section 6. Hours of Work; Administrative Leave:

La Grone shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that LaGrone shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end he/she shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours, shall be cashed out on the 2nd pay period in June of each year. Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.
155
Item 6.

Section 9 is hereby amended to read as follows:

Section 9.1 Sick Leave:

La Grone shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. La Grone shall be permitted to accumulate an unlimited amount of sick leave.

Section 9.2 Vacation Leave:

LaGrone shall accumulate vacation leave at the rate of twenty-five (25) working days of vacation per year.

Beginning May 21, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026 all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, La Grone may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11 is hereby amended to read as follows:

Section 11. Holidays: La Grone is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
156
Item 6.

All other terms and conditions contained in La Grone’s employment agreement, approved by the City Council on December 20, 2022 shall remain in full force and effect and are unmodified by this Agreement amendment.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Bill La Grone, Police Chief
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
157
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND BRIAN RING
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the Employment Agreement between the City of Oroville and Brian Ring. The Amendment is attached hereto as Exhibit “A”.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 158
Item 6.

EMPLOYMENT AGREEMENT FOR CITY ADMINISTRATOR

BETWEEN THE CITY OF OROVILLE AND BRIAN RING
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Brian Ring ("Ring"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Ring as its City Administrator; and WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Ring; and WHEREAS, Ring desires to be employed as the City Administrator of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Ring as the City Administrator of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign him.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 4, 2024, and shall continue until February 26, 2026, at which time Ring may request a (2) two year extension of this contract, on or before September 26, 2025. Ring shall give written notice to City if he wishes to extend the agreement on the same terms and conditions for the additional (2) two years. Thereafter the Council shall determine, within 30 days, whether or not it wishes to continue and/or extend the agreement and shall give written notice to Ring of its decision. If the Council approves the continuation and/or extension, the parties shall meet in an effort to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this agreement shall terminate as outlined above, and thereafter Ring shall not be entitled to any compensation except for any accrued vested benefits as listed below..

B. If Ring resigns his position as City Administrator before the expiration date of the initial or any extended term of this Agreement, Ring shall give the City a sixty (60) day written notice in advance. In such event, Ring shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Ring make such request.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Ring from his position, without cause, as City Administrator, the City shall pay Ring a lumpsum cash payment equal to six (6) months’ salary. In addition, Ring shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Ring is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses to terminate the agreement, Ring shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination.
159
Item 6.

Section 3. Drug Testing Policy:

Ring agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Ring becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. Ring acknowledges and agrees that his job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to adjust Ring from Step F to Step G of the City Administrator salary schedule, an annual base salary of $225,312, effective May 27, 2024, and payable at the same time and manner as other Council Appointed Employees of the City are paid. Ring shall also be provided with a one-time payment, paid along with the next regularly scheduled payroll following City Council adoption of this Agreement, in the amount of $2650.00, less any applicable tax withholdings.
2024 Payment in Lieu of Cost-of-living Increase: Ring shall be paid a payment in lieu of a 2024 Cost-of-living increase equivalent to 3% of salary at the 1/1/2024 level this payment is calculated to be $6,438, less applicable tax withholdings.
2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12- month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Council shall complete a performance evaluation of Ring each year of the contract and during any extension period of the contract. Upon a satisfactory review, Ring will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by Ring and the City Council.

Section 7. Hours of Work; Administrative Leave:

Ring shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Ring shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end he shall be allowed to take 85 hours per fiscal year of Administrative Leave. Any remaining unused 160
Item 6.

Administrative leave, up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year. Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Ring shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against his sick leave. Before taking such leave, Ring shall notify the mayor in writing of the time of absence needed and the expected date of return to work.

For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Ring suitable for his use while performing his duties as the City Administrator or compensate him, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Ring shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Ring shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Ring shall accumulate vacation leave at the rate of twenty (20) working days of vacation per year.

One additional day per year shall be added to the accumulation rate, above, on the employees’ anniversary date in his department head position until a maximum rate of 25 days per year is reached.

Beginning June 4, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.
161
Item 6.

In addition to the above mandatory draw-down schedule for excess vacation, Ring may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Ring and his/her eligible dependents.

City Paid Medical Benefit after Retirement
RING will be eligible for the Medical longevity benefit as previously approved by the City Council once he reaches the age of 55. This benefit allows for Ring to be eligible for continued medical coverage with the City paying the full premium until age 65 when employee becomes eligible for Medicare.

This means that Ring is eligible, upon retirement from the City and attaining at least age 55, in which the City shall to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 12. Holidays: Ring is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Ring shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Ring in the amount of $100/month to compensate him for the use of his private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Ring will pay 7% of the employee share of his CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. Ring and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Ring shall have the option to convert his unused 162
Item 6.
sick leave balance to CalPERS service credit or he may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Ring may also elect to split his unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Ring elects to convert his unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Ring shall have the option of continuing medical, dental and vision insurance coverage at his own expense, consistent with current City policy and Federal law. If, after his retirement, Ring becomes deceased before his dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Ring. The City shall contribute 3% of Ring’s base salary to Ring’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Ring contributes to Ring’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Ring shall only accept outside employment that involves teaching or training related to his profession and any existing agreements. Any outside employment shall not interfere with Ring’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Ring necessary for his continuation and full participation in national, regional, state, and local associations and organizations as are desirable for his continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Ring for professional and official travel, meetings, and occasions to continue the professional development of Ring, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Ring serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Ring for short courses, institutes and seminars that are necessary for his professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Ring, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the 163
Item 6.
annual City budget. The City Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Ring is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all of Ring's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Ring against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Ring's duties as City Administrator, except for any civil action or proceeding brought against Ring for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Ring under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Ring that Ring is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Ring serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Ring acknowledges and agrees that he is otherwise subject to all other City Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO RING: Ring at his permanent residence address on record with the City of Oroville Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Ring.

C. This Agreement shall not be assigned by Ring or City.

D. This Agreement shall not be modified without the written consent of Ring and City. 164
Item 6.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Brian Ring, City Administrator
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
165
Item 6.

OROVILLE CITY COUNCIL
RESOLUTION NO. ________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE CITY OF

OROVILLE SALARY SCHEDULE FOR THE POLICE CHIEF AND ASSISTANT

CHIEF OF POLICE
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an Amendment to the to the City of Oroville Salary Schedule, modifying the salaries of the Police Chief and Assistant Chief of Police as included in Attachment.

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

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

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
_________________________________ _________________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 166
Item 6.

Salary Schedule Revision
Police
Chief $131,519.13 $138,095.09 $144,999.84 $152,249.83 $159,862.32 $167,855.44 $176,248.21 $ 185,060.62 Annual $10,959.93 $11,507.92 $12,083.32 $12,687.49 $13,321.86 $13,987.95 $14,687.35 $15,421.72 Monthly $63.23 $66.39 $69.71 $73.20 $76.86 $80.70 $84.73 $88.97 Hourly Assistant
Police
Chief $114,364.46 $120,082.68 $126,086.82 $132,391.16 $139,010.72 $145,961.25 $153,259.31 $160,922.28 Annual $9,530.37 $10,006.89 $10,507.23 $11,032.60 $11,584.23 $12,163.44 $12,771.61 $13,410.19 Monthly $54.98 $57.73 $60.62 $63.65 $66.83 $70.17 $73.68 $77.37 Hourly 167
Item 6.