Agenda packet — Oroville City Council, August 6, 2024 (part 1 of 2)

August 06, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 10

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
August 06, 2024

REGULAR MEETING
CLOSED SESSION 3:30 PM
OPEN SESSION 4:00 PM
AGENDA

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

To Observe the Meeting:

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

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

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

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

1. Attend the meeting in person

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

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

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

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

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

CLOSED SESSION

1. The Council will hold a Closed Session on the following: Pursuant to Government Code Section 54957(b), the Council will meet with the Personnel Officer and City Attorney to consider the evaluation of performance related to the following positions: Public Works Director and Community Development Director
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2. Pursuant to Government Code Section 54957(b), the Council will meet with the Personnel Officer and City Attorney to consider the employment related to the following position: Chief of Police.

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS
None this meeting.

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

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports

CONSENT CALENDAR
Consent calendar items 1 – 8 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. JOB DESCRIPTION FOR PAYROLL TECHNICIAN POSITION
Staff recommends the City Council approve the job description for Payroll Technician.

ACTION REQUESTED –
APPROVE THE JOB DESCRIPTION FOR PAYROLL TECHNICIAN.

2. PUBLIC WORKS EGINEERING STAFFING REQUEST
Add Project Manager/Senior Civil Engineer allocation and delete Assistant Engineer allocation.

ACTION REQUESTED –

ADD ONE PROJECT MANAGER / SENIOR CIVIL ENGINEER ALLOCATION AND DELETE ONE VACANT ASSISTANT ENGINEER ALLOCATION.
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3. BUDGET ADJUSTMENT FOR SALARY AND WAGES FOR CODE ENFORCEMENT

DEPARTMENT
The Council will consider a budget adjustment of $34,486.95 in the salary and wages budget for the Code Enforcement Department for fiscal year 2024-25 to account for the advancement of Code Enforcement Technicians who have attained certifications to promote to Technician III.

ACTION REQUESTED -
APPROVE BUDGET ADJUSTMENT (REQUIRES 5/7 VOTE).

4. NELSON AVE GRIND & PAVE – BUDGET ADJUSTMENT
The City Council will review and consider approving a supplemental budget adjustment in the amount of $50,000 for an additional 3,000 square feet of grind and pave near the Nelson Ave. and Highway 70 off-ramp intersection.

ACTION REQUESTED –
APPROVE SUPPLEMENTAL BUDGET ADJUSTMENT OF $50,000.00 (INCREASE FROM PREVIOUSLY APPROVED $283,526.56 TO $333,526.56) AND AUTHORIZE PAYMENT TO KNIFE RIVER FOR ADDITIONAL GRIND AND PAVE.

5. AGREEMENT WITH ORIGINAL GRANTS FOR WASHINGTON AVENUE COMPLETE

STREETS GRANT APPLICATION TO THE FEDERAL ACTIVE TRANSPORTATION

INFRASTRUCTURE INVESTMENT PROGRAM
The Council will consider an agreement with the Original Grants for the submission of the Washington Avenue Complete Streets project to the Federal Active Transportation Infrastructure Investment Program Grant.

ACTION REQUESTED -
APPROVE AGREEMENT A-3514 AND AUTHORIZE THE MAYOR TO SIGN.

6. APPROVAL OF PERMANENT LOCAL HOUSING ALLOCATION (PLHA) OWNEROCCUPIED REHABILITATION LOAN PROGRAM GUIDELINES The Council will consider authorizing the adoption of the Permanent Local Housing Allocation Program Guidelines for the Owner-Occupied Rehabilitation Loan Program.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9295 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING THE ADOPTION OF THE PERMANENT LOCAL HOUSING ALLOCATION OWNER-OCCUPIED HOME REHABILITATION PROGRAM GUIDELINES.
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7. REQUEST FOR THE CITY TO PURCHASE A TABLE AT THE OROVILLE ECONOMIC

ALLIANCE ANNUAL BARBEQUE
It is requested that the City Council purchase a table at the Oroville Economic Alliance Annual BBQ on Thursday, August 29 at Riffles Resort.

ACTION REQUESTED -
PURCHASE A TABLE OF 8 FOR $540 DOLLARS.

8. APPROVAL OF REGULAR CITY COUNCIL MEETING MINUTES
Submitted for approval are a series of regular meeting minutes.

ACTION REQUESTED -
APPROVE MINUTES AND AUTHORIZE THE MAYOR TO SIGN.

REGULAR BUSINESS

9. TWO-YEAR CONTRACT WITH VERDIN MARKETING TO CREATE AND IMPLEMENT OROVILLE’S COMMUNITY PRIDE AND ECONOMIC DEVELOPMENT MARKETING PLAN A proposed two-year marketing contract with Verdin Marketing (Verdin) for $100,000 per year to implement the approved marketing strategy, plus up to $25,000 per year for optional tasks is being recommended by staff.

ACTION REQUESTED -

APPROVE THE PROPOSED TWO-YEAR CONTRACT WITH VERDIN MARKETING, INCLUDING:
a. A TWO-YEAR MARKETING PLAN @ $100,000 PER YEAR.
b. AUTHORIZING THE CITY ADMINISTRATOR TO APPROVE UP TO $25,000 PER

YEAR FOR ADDITIONAL SERVICES IF RECOMMENDED BY THE CREATIVE TEAM.
c. AN OPTION TO EXTEND THE CONTRACT WITH VERDIN FOR UP TO TWO ADDITIONAL YEARS WITH COUNCIL APPROVAL.
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10. LEASE / OPERATING AGREEMENT FOR THE OROVILLE CONVENTION CENTER

BETWEEN THE CITY OF OROVILLE AND FEATHER RIVER RECREATION AND PARK

DISTRICT
The Council may consider a lease / operating agreement with Feather River Recreation and Park District for the lease and operation of the Municipal Auditorium.

ACTION REQUESTED –
ADOPT RESOLUTION NO.9296 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EXCLUSIVE

OPERATING / LEASE AGREEMENT WITH THE FEATHER RIVER RECREATION

AND PARK DISTRICT FOR THE OPERATION OF THE CONVENTION CENTER LOCATED AT 1200 MYERS STREET, OROVILLE – (AGREEMENT NO. 3516); AND TERMINATE EXISTING AGREEMENT WITH THE YMCA OF SUPERIOR CALIFORNIA.

11. DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT ANNUAL 2024-25 FISCAL

YEAR BUDGET
The Council may receive the 2024-25 annual budget for the Oroville Downtown Business Improvement District (BID).

ACTION REQUESTED –
APPROVE FISCAL YEAR 2024-25 BUDGET.

12. 655 CAL OAK ROAD - NEW CORP YARD PELIMINARY DESIGN OF ADMINISTRATION

BUIDING AND PROPOSED BUDGET
The City Council shall receive a brief update on the status of the preliminary design concepts for the new corporation yard located at 655 Cal Oak Road.

ACTION REQUESTED -
ACCEPT FOR INFORMATION OR PROVIDE DIRECTION TO STAFF.
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13. AGREEMENT WITH CITY OF CHICO ON USE OF RULE 20A CREDITS FROM BUTTE COUNTY
The Council may consider an agreement with the City of Chico which allows the City of Chico to receive Rule 20A credits from Butte County (approximately $5,743,000), with the understanding that if the City of Oroville does not receive an additional amount of reallocated Rule 20A credits to fully fund the City’s Myers Street Underground Utility District project, the City of Chico would provide the difference needed, not to exceed $2,871,000 (fifty percent of the County’s credits), with an in-lieu cash contribution for the construction of the Myers Street project, upon approval of the project from Pacific Gas and Electric.

ACTION REQUESTED -
APPROVE AGREEMENT AND AUTHORIZE THE MAYOR TO SIGN.

14. THE GREAT FEATHER RIVER MOSAIC MURAL PROJECT SPONSORSHIP PROGRAM The City of Oroville will work with the Rainforest Art Project team to develop a program where organizations and community members may make a contribution to the public arts fund program by sponsoring murals in the Great Feather River Mosaic Mural Project on Table Mountain Boulevard.

ACTION REQUESTED -

ALLOW STAFF TO PROCEED WITH DEVELOPMENT OF A SPONSORSHIP PROGRAM FOR THE GREAT FEATHER RIVER MOSAIC MURAL ART PROJECT.

15. RESOLUTION FOR CAL OES FORM 130 DESIGNATION OF APPLICANT’S AGENT The Council may consider authorizing the City Administrator (or Acting, or Interim, or Assistant City Administrator) to execute the remaining applications and forms to the Federal Emergency Management Agency (FEMA) and the State of California Office of Emergency Services (Cal OES) relating to the Thompson Fire incident, by resolution of the City Council.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9297- A RESOLUTION AUTHORIZING AND DIRECTING THE CITY

ADMINISTRATOR (ACTING, OR INTERIM, OR ASSISTANT CITY ADMINISTRATOR) TO EXECUTE ANY REMAINING FORMS TO FEMA AND CAL-OES.
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16. ANNUAL SPECIAL TAX FOR THE CITY’S COMMUNITY FACILITIES DISTRICT NO. 2006-1 (WESTSIDE PUBLIC SAFETY FACILITIES) AND DISTRICT NO. 2006-2 (PUBLIC SAFETY SERVICES) FOR FISCAL YEAR 2024/25
The City Council will consider the annual special tax relating to the City’s Community Facilities Districts (“CFD’s”).

ACTION REQUESTED –

1. ADOPT RESOLUTION NO. 9305 - A RESOLUTION OF THE CITY COUNCIL

ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-1, WESTSIDE PUBLIC SAFETY FACILITIES, FOR FISCAL YEAR 2023/24

2. ADOPT RESOLUTION NO. 9306 - A RESOLUTION OF THE CITY COUNCIL

ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-2, PUBLIC SAFETY SERVICES, FOR FISCAL YEAR 2023/24

3. AUTHORIZE THE MAYOR TO SIGN THE PROPOSITION 218 OR COMPLIANCE

CERTIFICATION AND HOLD HARMLESS STATEMENT FOR INCLUSION ON THE 2024/25 BUTTE COUNTY TAX ROLL.

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

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

17. 5:05 PM - ANNUAL SANITARY SEWER SERVICE TO BE LEVIED ON THE 2024-25 TAX ROLL
The Council may consider a Resolution certifying that the Sewer Service charges to be levied on the 2024-25 tax roll are in compliance with Proposition 218.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9302 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

CERTIFYING TO THE COUNTY OF BUTTE THE VALIDITY OF THE LEGAL PROCESS USED

18. 5:10PM - GENERAL PLAN CIRCULATION ELEMENT REVISION AND ADOPTION OF AN

INTERIM TRANSPORTATION THRESHOLD
The City Council will consider a General Plan amendment that meets the requirements of Senate Bill 743, which requires Vehicle Miles Traveled (VMT) to be the new analytical emphasis for improving air quality.

ACTION REQUESTED -

1. CONDUCT A PUBLIC HEARING ON THE PROPOSED GENERAL PLAN AMENDMENT.

2. ADOPT RESOLUTION NO 9300: A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF OROVILLE AMENDING THE CIRCULATION ELEMENT OF THE GENERAL PLAN.

3. ADOPT THE ATTACHED RESOLUTION NO 9301: A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF OROVILLE ADOPTING AN INTERIM

TRANSPORTATION THRESHOLD FOR THE PURPOSES OF IMPLEMENTING THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR VEHICLE MILES TRAVELED (VMT).

19. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 1, 2, 4, 6-8
The Council will hold a public hearing and consider approving the Annual Assessment Report and declare its intention to levy and collect assessments for the Oroville Consolidated Benefit Assessment District for Fiscal Year 2024/25.

ACTION REQUESTED -

COLLECT NO ASSESSMENT THIS YEAR, PROVIDING ASSESSMENT HOLIDAY,

DUE TO LOW EXPENDITURES AND SUFFICIENT ZONE RESERVES TO COVER THOSE COSTS.

20. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 3, 5, 9
The Council will hold a public hearing and consider approving the Annual Assessment Report and declare its intention to levy and collect assessments for the Oroville Consolidated Benefit Assessment District for Fiscal Year 2024/25.

ACTION REQUESTED -

COLLECT NO ASSESSMENT THIS YEAR, PROVIDING ASSESSMENT HOLIDAY,

DUE TO LOW EXPENDITURES AND SUFFICIENT ZONE RESERVES TO COVER THOSE COSTS.
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21. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS, ZONES 1, 4, 6, 11, 13, 16, 18 The Council will hold a public hearing and consider approving the Annual Assessment Report and declare its intention to levy and collect assessments for the Oroville Consolidated Landscape and Lighting Maintenance Assessment District for Fiscal Year 2024/25.

ACTION REQUESTED -

1. AFFIRM RESOLUTION #9290 ADOPTED BY COUNCIL ON JULY 16, 2024, AFFIRMING THE

ANNUAL ASSESSMENT REPORT AND DECLARING INTENT TO LEVY AND COLLECT

ASSESSMENTS FOR THE OROVILLE CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2024/25; AND

2. ADOPT RESOLUTION NO. 9303 - RESOLUTION OF THE OROVILLE CITY COUNCIL

CERTIFYING TO THE COUNTY OF BUTTE THE VALIDITY OF THE LEGAL PROCESS USED

TO PLACE DIRECT CHARGES ON THE SECURED TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY.

22. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS, ZONES 2, 3, 5, 7, 10, 12, 14, 15, 17 The Council will hold a public hearing and consider approving the Annual Assessment Report and declare its intention to levy and collect assessments for the Oroville Consolidated Landscape and Lighting Maintenance Assessment District for Fiscal Year 2024/25.

ACTION REQUESTED -

1. AFFIRM RESOLUTION NO. 9291 ADOPTED BY COUNCIL ON JULY 16, 2024, AFFIRMING

THE ANNUAL ASSESSMENT REPORT AND DECLARING INTENT TO LEVY AND COLLECT

ASSESSMENTS FOR THE OROVILLE CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT FOR FISCAL YEAR 2024/25; AND

2. ADOPT RESOLUTION NO. 9304 - RESOLUTION OF THE OROVILLE CITY COUNCIL

CERTIFYING TO THE COUNTY OF BUTTE THE VALIDITY OF THE LEGAL PROCESS USED

TO PLACE DIRECT CHARGES ON THE SECURED TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. PG&E Wildfire Rate Relief
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ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on August 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. 10 CITY OF OROVILLE

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

ADMINISTRATIVE SERVICES
RE: JOB DESCRIPTION FOR PAYROLL TECHNICIAN POSITION
DATE: AUGUST 6, 2024

SUMMARY
Staff recommends the City Council approve the job description for Payroll Technician.

DISCUSSION
The position of Payroll Technician was budgeted for the fiscal year 2024-25 in the annual budget.

The job description has been reviewed and updated to reflect current specifications.

This position is part of a restructuring of the Finance Department and is intended to replace the current position of Accounting Analyst at some point in the future as the position becomes vacant.

Council approved Accounting Manager on July 16, 2024 so there is no need in the department for Accounting Analyst in the future.

Currently there are 4 Accounting Technicians, and this position of Payroll Technician will be specialized to focus on the City’s payroll processing.

FISCAL IMPACT
No fiscal impact, the position was included in the 2024-25 Budget. The salary schedule for Payroll Technician is the same for Accounting Analyst $58,694.00 to 82,588.35.

RECOMMENDATION
Approve the job description for Payroll Technician.

ATTACHMENTS
Job Description for Payroll Technician.
11 Item 1.

CITY OF OROVILLE
1 PAYROLL TECHNICIAN I

DEFINITION
Under general supervision, performs a variety detailed and complex accounting duties related to processing City’s bi-weekly payroll, answering questions and/or solving sensitive payroll problems. Verifying and preparing retroactive pay adjustments, overtime adjustments, assisting with a broad range of record keeping functions, auditing and reporting.

SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the Department Head of Finance and/or the Finance Manager.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include, but are not limited to, the following:

Performs routine tasks and assists with complex tasks necessary to run a full payroll cycle following established departmental processes and procedures. This includes but is not limited to reviewing timecards for accuracy, reviews payroll batches for accuracy, including verifying direct deposit information, pay rates, contributions and deductions.

Processes CalPERS reporting including any adjustment reports. Modifies records as needed, uploads information into myCalPERS, verifies that beginning and ending dates are accurate for new hires and terminated employees.

Adjusts records related to retroactive pay increases and special compensation as needed.

Ensures maintenance of electronic and paper Payroll records, manages archives and retrieves records per payroll cycle.

Assists in reconciling and preparing federal and state payroll quarterly reports, annual reports, W-2’s, tax reports, tax re-statements, and re-filings.

Researches and responds to questions and/or requests from the City employees within the scope of authority. This can include but is not limited to answering payroll questions, issuing correct payroll forms, resolution of payroll problems and payroll transaction exceptions.

Assists with generating, auditing and monitoring leave banks for appropriate accruals and adjustments at regular intervals and at year end.

Balance and post payroll transactions to payroll ledgers and reconcile to the accounting system. Balance various other financial transactions with source documents and controls.

Ensures the processing, generation, signing, and timely distribution of all payroll-related payments following State and Federal regulations, including employee payroll, retiree payments and vendor payments.

Checks and tabulates statistical and financial data.
12 Item 1.

CITY OF OROVILLE
2 Processes incoming employee verification requests for current employees, processes employee reimbursements, handles confidential information regarding employee garnishments, terminations and negotiated settlements.

Utilizes standard reporting tools to run, maintain and support a variety of reports or queries. Assists in the development of standard reports for ongoing department needs.

Helps maintain data integrity in systems by running queries and analyzing data.

Identifies and assists with troubleshooting systems calculation errors assists Human Resources and IT staff in researching system errors. Reviews and assists with maintaining documentation of problem resolution.

Observes and complies with all City and mandated safety rules, regulations, and protocols.

Performs other duties as required.

MINIMUM QUALIFICATIONS
Knowledge of:

Basic accounting principles and practices, and the requirements of payroll reporting in a municipal accounting system, for internal and external purposes.

Basic math, including the ability to add, subtract, multiply, divide and calculate percentages and averages.

Payroll laws, regulations, principles, and practices for a charter city in California.

Recordkeeping, information processing requirements, and rules and policies related to the production of employee payroll
Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility, including the City’s various Memoranda of Understanding, related to contracts and documents, and federal and state payroll tax laws.

Computerized accounting and finance systems and computer software and systems related to finance and payroll processes.

Strong computer skills including word processing, spreadsheet manipulation, and database management. Ability and willingness to gain a working knowledge of special purpose software programs.

Principles and practices of auditing payroll documents.

CalPERS reporting requirements and guidelines as well as elements of reportable compensation.

The structure of the English language, including the meaning and spelling of words, rules of 13 Item 1.

CITY OF OROVILLE
3 composition and grammar.

Federal grant requirements related to financial record keeping and reporting.

Techniques to provide a high level of customer service to employees, vendors, contractors and the public.

Ability to:

Maintain confidentiality of sensitive information, materials and inquiries.

Understand and carry out oral and written instructions.

Works independently with minimal supervision to set priorities, meet critical deadlines, and follow-up on assignments.

Work quickly and accurately with strict attention to detail while processing a large volume of work in an atmosphere with frequent interruptions.

Establish and maintain a variety of filing, recordkeeping, and tracking systems, including but not limited to payroll and related accounting records and/or files.

Review, post, balance, reconcile, and maintain accurate and confidential payroll records.

Adapt and be flexible and tolerate the stress of deadlines and changes.

Develop a historical perspective of City’s payroll system and of past practice precedent setting.

Make accurate arithmetic, financial, and statistical computations; operate a ten key by touch at a rate sufficient to perform the duties of the position.

Interpret, apply, explain and ensure compliance with federal, state and local laws, rules, regulations, policies, and procedures of accounting, payroll processing, employee recordkeeping, employee benefits, memoranda of understanding, pay and benefits resolutions, and employment contracts.

Enter and retrieve data from a computer with sufficient speed and accuracy to perform assigned work.

Make sound, independent decisions within established policy and procedural guidelines.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain and foster positive effective working relationships with those contacted in the course of work.

Experience:

Two or more years of experience processing payroll, preferably in municipal government. 14 Item 1.

CITY OF OROVILLE
4 Education:

High school diploma or GED equivalent are required. An AA degree in accounting or a closely related field is desirable.

Additional Requirements:

Possession of a valid California driver’s license.

Ability to be bonded.

TYPICAL WORKING CONDITIONS
Work typically is performed in a normal office environment.

TYPICAL PHYSICAL REQUIREMENTS
Requires the ability to sit at desk for long periods of time and intermittently walk, stand, stoop, kneel, crouch and reach while performing office duties; lift and/or move objects weighing up to 25 pounds; use hands to finger, handle or feel objects, tools, or controls.

Must be able to maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading and writing, and operating office equipment. Must be able to use a telephone to communicate verbally and a keyboard to communicate through written means, to review information and enter/retrieve data, to see and read characters on a computer screen.

This class specification lists the major duties and requirements of the job and is not all-inclusive. Incumbents may be expected to perform job-related duties other than those contained in this document.
15 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FREDERICK MAYO, DIRECTOR OF PUBLIC WORKS
RE: PUBLIC WORKS EGINEERING STAFFING REQUEST
DATE: AUGUST 6, 2024

SUMMARY
Add Project Manager/Senior Civil Engineer allocation and delete Assistant Engineer allocation.

DISCUSSION
The position of Project manager / Senior Civil Engineer was inadvertently deleted from the budget for the fiscal year 2024-25. Staff recommend deleting the currently budgeted vacant allocation of Assistant Engineer and replacing it with the position of Project Manager / Senior Civil Engineer. Senior Engineer positions have been difficult to fill, however, the market is currently changing, and staff are optimistic on the ability to fill this position. The position of Project Manager/Sr Civil Engineer will be specialized to focus on the City’s numerous upcoming capital improvement projects.

FISCAL IMPACT
The Assistant Civil Engineer position at top step has annual salary of $105,359.29; while the Project Manager/Senior Civil Engineer position at top step has an annual salary of $127,307.99.

This results in a shortfall of $21,948.70 per year, which the department feels it can recoup in various salary savings.

RECOMMENDATION
Add one Project Manager / Senior Civil Engineer allocation and Delete one vacant Assistant Engineer allocation.

ATTACHMENTS
None.
16 Item 2.

CITY OF OROVILLE
RESOLUTION NO 9294

A RESOLUTION OF THE OROVILLE CITY COUNCIL APPROVING BUDGET

ADJUSTMENT FOR THE CODE ENFORCEMENT DEPARTMENT FISCAL YEAR 2024-2025.

BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to budget adjustment for Code Enforcement Department fiscal year 2024-2025 in the amount of $34,486.95.
b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on August 6, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster Acting City Clerk 17 Item 3.

Code Enforcement Technician III
Description
Under general supervision, performs a variety of technical duties in support of the City’s code enforcement programs; monitors and enforces a variety of codes and ordinances in support of City departments including those related to zoning codes, building codes, housing, public nuisances, State Health & Safety Codes, and other issues relating to health, safety, and welfare of the community; prepares abatement cases for and testifies in public hearings and court proceedings on behalf of the City; and serves as a resource and provides information on City regulations to property owners, residents, businesses, the general public, and other City departments and divisions.

DISTINGUISHING CHARACTERISTICS
CODE ENFORCEMENT TECHNICIAN I: This is the entry level class in the Code Enforcement series. Positions in this class typically have limited directly related work experience. The Code Enforcement Technician I class is distinguished from the Code Enforcement Technician II level by the performance of less than the full range of duties assigned to the Code Enforcement Technician II level. Incumbents work under immediate supervision while learning job tasks, progressing to general supervision as procedures and processes of assigned area of responsibility are learned. The areas of focus include zoning, nuisance, property maintenance, vehicle abatement or other neighborhood related improvement issues. Receives immediate supervision from a Code Enforcement Lead and or Code Enforcement Director.

Incumbents are not automatically promoted to the higher level; the needs of the department determine the level of assignment.

CODE ENFORCEMENT TECHNICIAN II: This is the journey level class in the Code Enforcement Technician series and is distinguished from the I level by the assignment of the full range of duties. Employees at this level receive only occasional instruction or assistance as new, unusual, or unique situations arise and are fully aware of the operating procedures and policies within the work unit. Receives general supervision from Director of Code Enforcement. Positions in this class are flexibly staffed and are normally filled by advancement from the Code Enforcement Technician I level if the incumbent meets the qualification standards of the Code Enforcement Technician II level, demonstrates an ability to perform the full scope of the work, and meets performance standards. Incumbents are not automatically promoted to the higher level; the needs of the department determine the level of assignment. If filled externally, requires directly related experience. 18 Item 3.

CODE ENFORCEMENT TECHNICIAN III: This is the advanced level class in the Code Enforcement Technician series and is distinguished from the II level by the assignment of the full range of duties. Employees at this level receive only occasional instruction or assistance as new, unusual, or unique situations arise and are fully aware of the operating procedures and policies within the work unit. Receives general supervision from Director of Code Enforcement. Positions in this class are flexibly staffed and are normally filled by advancement from the Code Enforcement Technician I level if the incumbent meets the qualification standards of the Code Enforcement Technician II level, demonstrates an ability to perform the full scope of the work, and meets performance standards. Incumbents are not automatically promoted to the higher level; the needs of the department determine the level of assignment. If filled externally, requires directly related experience.

Representative Duties
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.

1. The following duties are typical for this classification. Incumbents may not perform all the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.

1. Performs a variety of field and office work in support of the City’s code enforcement program; enforces municipal codes and other applicable codes related to nuisance, zoning, building, pest infestation, noise, blight, graffiti, signage, junk, and debris, abandoned or inoperable vehicles on private property, housing, and related abatement activities.

2. Investigates for violations on private properties and in public areas; issues and posts warning notices, notices of violation, corrective notices, orders to comply, and related documentation for code violations; schedules and performs all follow-up functions to gain compliance including letters, inspections, calls, meetings, discussions, and negotiations to ensure compliance with appropriate codes and ordinances; notes actions taken, and results achieved in case files and on computer database.

3. Receives and responds to citizen complaints and reports from other agencies and departments on alleged violations of City zoning and related municipal codes; conducts on-site investigations to identify nuisances, potentially hazardous conditions, and code violations; prepares photographic evidence of violations; interviews complainant and witnesses; reads, interprets, explains, and applies applicable codes; provides recommendations for resolution; composes written responses as required.
19 Item 3.

4. Research property ownership, zoning, and parcel history; research ordinances and history of ordinances affecting property uses; determines compliance of specific land with use permits, variances, and development plans where improvements have been directed to meet zoning requirements.

5. Coordinates joint abatement and investigation activities with other City departments and agencies; informs departments of pending and ongoing investigations and activities; provides follow-up reports, records, and data to assist other departments involved in the zoning and abatement process.

6. Prepares and maintains a variety of records, reports, logs, memoranda, and files related to field and office investigations and activities.

7. Compiles case files for public hearings and court proceedings; testifies at hearings on behalf of the City as necessary.

8. Responds to public inquiries in a courteous manner; provides information within the area of assignment; resolves complaints in an efficient and timely manner.

9. Works closely with homeowners, landlords, tenants, businesses, and community groups to grow strong neighborhoods through public relations, education and code enforcement activities.

10. Operates computer to process and acquire data relative to inspection sites and effective code enforcement.

11. Attends training seminars to obtain relevant certificates related to code enforcement and stay updated with current procedures and information.

12. Performs related duties as required.

Qualifications
The following generally describes the knowledge and ability required to enter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.

Knowledge of:
 Operations, services, and activities of a municipal code compliance program.  Concepts and principles of constitutional limitations related to search and seizure.
 Principles, practices, and methods used in the enforcement of a variety of codes.
 Pertinent state and local codes, ordinances, laws, and regulations pertaining to building, substandard housing, zoning, nuisance abatement, vehicle codes, health and safety, and related areas.
 Procedures involved in the enforcement of codes and regulations including methods and techniques of conducting and documenting field investigations.  City services and organizational structure as they relate to code compliance.  Legal actions applicable to code enforcement compliance.  Effective public relations practices.
20 Item 3.
 Discovering property ownership and zoning background, research methods and techniques related to all applicable codes.
 Basic mathematical principles.
 Principles and procedures of record keeping.
 Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.
 Occupational hazards and standard safety practices.

 English usage, spelling, grammar, and punctuation.

Ability to:
 Independently perform a full range of municipal code enforcement and compliance duties.
 Research, interpret, explain, and apply applicable codes, ordinances, and regulations related to zoning, nuisance abatement, and health and safety issues.
 Investigate and identify violations of applicable codes and ordinances.  Enforce pertinent codes, ordinances, laws and regulations with impartiality and efficiency.
 Design public information and education programs related to code compliance activities.
 Make oral presentations and testify in court.
 Analyze situations and develop sound solutions, while maintaining safety at all times.
 Plan and organize work to meet changing priorities and deadlines.  Obtain information through a variety of interview techniques.  Work fairly and courteously with all customers.
 Coordinate activities with other City departments, associated enforcement jurisdictions, and other parties of interest.
 Read maps and learn the City’s geography.
 Develop and accurately maintain a variety of work records and documents including complete case files, logs, reports, and memoranda.  Make presentations to community groups concerning codes, ordinances, and City compliance programs.
 Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
 Respond to inquiries, complaints, and requests for service in a fair, tactful, and firm manner.
 Investigate complaints and mediate resolutions in a timely and tactful manner.  Prepare clear and concise technical reports.
 Work independently in the absence of supervision.
 Communicate clearly and concisely, both orally and in writing. 21 Item 3.
 Establish and maintain effective working relationships with those contacted in the course of work.

Education and Experience Guidelines - Any combination of education and experience that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Education:

Equivalent to the completion of the twelfth grade supplemented by specialized training and/or college level coursework in criminal justice, planning, public administration, law enforcement, construction inspection, or a related field.

Completion of California Association of Code Enforcement Officers Module 3 course and examination.

Experience:

Two years of experience involving a high level of public contact and enforcing administrative rules and regulations involving field investigations pertaining to code compliance.

License or Certificate:
 Possession of an appropriate, valid California Class C driver’s license and satisfactory driving record as determined by the City required at the time of appointment.
 Successful completion of Basic and Intermediate Code Enforcement Technician certification from an accredited college, university or professional training organization is required as a condition of continued employment within one year after the date of appointment/employment.  Successful completion of p.o.s.t. 832 p.c. (or equivalent or higher) course within six months after date of appointment/employment.

Physical Demands and Work Environment
The conditions herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.

Environment: Work is performed in both indoor and outdoor environments; work alone; travel from site to site; incumbents may be exposed to noise, dust, inclement weather conditions, potentially hostile environments, and aggressive and/or ill animals.

Physical:Primary functions require sufficient physical ability and mobility to work in an office setting and in a field environment; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to walk on uneven terrain, loose soil, and sloped surfaces; to lift, carry, push, and/or pull light to 22 Item 3.
moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; to travel to other locations; to operate equipment and vehicle; and to verbally communicate to exchange information.

Vision: See in the normal visual range with or without correction.

Hearing: Hear in the normal audio range with or without correction. 23 Item 3.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RONNIE BELSER
RE: BUDGET ADJUSTMENT FOR SALARY AND WAGES FOR CODE

ENFORCEMENT DEPARTMENT
DATE: AUGUST 6, 2024

SUMMARY
The Council will consider a budget adjustment of $34,486.95 in the salary and wages budget for the Code Enforcement Department for fiscal year 2024-25 to account for the advancement of Code Enforcement Technicians who have attained certifications to promote to Technician III.

DISCUSSION
In January of 2021, I was tasked with developing a stand-alone Code Enforcement Department for the City of Oroville. As part of the development of the program there were established positions and job descriptions that would allow growth and longevity within the Code Enforcement Department. Part of the job descriptions were the Code Enforcement Technicians. These are the boots on the ground employees that address code enforcement complaints, quality of life issues and other duties as assigned. The existing positions are Code Enforcement Technician 1, Code Enforcement Technician II and Code Enforcement Technician III. To be promoted to each Code Enforcement tier within this program, the technician must be able to perform all the tasks listed in the job description and complete a module course through the California Code Enforcement Officers Association academy module and examination. This consists of three separate modules. All modules are 40 hours long and contain a State examination.

On June 21, 2024 Code Enforcement Technicians completed the California Association of Code Enforcement Officers Module 3 training and State examination. Upon completion of the training and examination Code Enforcement Technicians will be promoted to Code Enforcement Technician III. These promotions were inadvertently left out of the 2024-25 budget.
24 Item 3.

Page 2 ends

FISCAL IMPACT:

Reduction in contingency of $34,486.95.

RECOMMENDATION
Approve budget adjustment (requires 5/7 vote).

ATTACHMENTS
Certificate of Completion Module 3
Resolution - 9294
Job Description for Code Enforcement Tech III
25 Item 3.
26 Item 3.
27 Item 3.
28 Item 3.
29 Item 3.
30 Item 3.
31 Item 3.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: NELSON AVE GRIND & PAVE – BUDGET ADJUSTMENT
DATE: AUGUST 6, 2024

SUMMARY
The City Council will review and consider approving a supplemental budget adjustment in the amount of $50,000 for an additional 3,000 square feet of grind and pave near the Nelson Ave. and Highway 70 off-ramp intersection.

DISCUSSION
The extents of the project as bid did not encompass the entirety of the trench work performed by Thermalito Water and Sewer District (TWSD). An additional $50,000 is needed to grind and pave a 3,000 square foot area adjacent and west of the original project footprint. Staff are working with TWSD on an appropriate cost share of the project.

FISCAL IMPACT
Appropriations are budgeted in the Senate Bill 1 Road Maintenance and Rehabilitation account.

ACTION REQUESTED
Approve supplemental budget adjustment of $50,000.00 (increase from previously approved $283,526.56 to $333,526.56) and authorize payment to Knife River for additional grind and pave.

ATTACHMENTS
Image of increased project footprint and photo of existing condition. 32 Item 4.

Nelson Ave. project footprint as-bid is shown in gray. Additional 3,000-square-foot area of grind and pave is shown in the hatched area. The blue-filled area in the lower image shows the extents of the trench work done by Thermalito Water and Sewer District not within the original project footprint.
33 Item 4.

Photo during construction looking south/south-east. Red outline shows trench location. Green line shows project extent.

Photo taken looking north-west.
34 Item 4.

Washington Avenue Complete Streets Project
Active Transportation Infrastructure Investment Program Scope of Services:

Task 1: Review and analyze previously completed Active Transportation Plan prepared for the City Task 2: Re-organize and respond to specific criteria in federal Active Transportation Infrastructure Investment Program (ATIIP).

Task 3: Project Corridor Site Visit. Review site with grant criteria context.

Task 4: Prepare and submit ATIIP grant in the Grants.Gov system Task 5: Identify steps for the City of Oroville to strengthen future funding opportunities for corridor including draft correspondence for congressional support. Provide electronic files to facilitate future use by the City. Provide examples to City of other strong grant applications for staff use. 35 Item 5.

ORIGINAL GRANTS

AGREEMENT FOR PROFESSIONAL SERVICES
Agreement 3514
This Agreement is made on this 6
th day of August, 2024, at Oroville, California, by and between the City of Oroville, a California Charter City, 1735 Montgomery Street, Oroville California, 95965 (hereinafter referred to as the “CITY”) and Original Grants, 7 Towser Road, Chico CA 95928 (hereinafter referred to as the “CONTRACTOR”).

RECITALS
A. The CITY proposes to contract for professional services as outlined below; B. The CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; NOW, THEREFORE, the CITY and the CONTRACTOR, mutually agree as follows:

1. SERVICES.

The CONTRACTOR shall perform those services set forth in “Exhibit A,” which is attached hereto and incorporated herein by reference.

2. TERM OF AGREEMENT.

The term of this contract shall commence upon execution by both parties and shall expire on December 31, 2024 unless extended in writing in advance by both parties.

3. TIME OF PERFORMANCE.

The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.

4. PAYMENT FOR SERVICES.

The CONTRACTOR shall be compensated in an amount not to exceed $5,000 for services provided pursuant to this Agreement. Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (45) days of presentation of an invoice to the DISTRICT for services performed to the DISTRICT’s satisfaction. The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the DISTRICT.

5. CONTRACT ADMINISTRATION.

5.1. The CITY’s Representative. Unless otherwise designated in writing, Fred Mayo, Public Works Director, shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person. 36 Item 5.

5.2. Manager-in-Charge. For the CONTRACTOR, Fred Mayo, Public Works Director shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-in Charge shall not be replaced without the written consent of the CITY.

5.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY’s staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.

5.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR’s services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY’s premises.

6. TERMINATION.

6.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination.

6.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor.

7. INDEMNIFICATION.

Contractor shall indemnify and hold harmless CITY from and against all liability arising out of or in connection with Contractor's negligent or wrongful acts, errors or omissions in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. In the event that CITY is named as a party defendant in a lawsuit alleging injury as a result of Contractor’s negligent or wrongful performance under this Agreement, Contractor shall defend CITY with counsel approved by CITY, which approval will not be unreasonably withheld, and bear responsibility for attorney’s fees, expert fees and all other costs and expenses of litigation. Should conflict of interest principles preclude a single lawyer from representing both CITY and Contractor, or should CITY otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the CITY its costs of defense, including without 37 Item 5.
limitation reasonable attorney’s fees, expert fees and all other costs and expenses of litigation.

Contractor shall promptly pay any final, non-appealable judgment rendered against the CITY. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California but the indemnity obligation will exclude such loss or damage which is determined to be caused by the sole negligence or willful misconduct of the CITY.

The obligations established by this paragraph will survive termination of this Agreement. For purposes of this paragraph:
• CITY means the CITY Council and its subordinate bodies, elected and appointed CITY officials and officers, CITY employees and authorized agents and volunteers of the CITY.
• Liability means any claims or causes of action raised or asserted by, damage to, loss or expense incurred by or judgments rendered in favor of persons or entities not a party to this Agreement.
• The types of damages included within this indemnity obligation include, but are not limited to, personal injury, bodily injury, death, loss of use, and damage to or loss of real and personal property.
• The indemnity obligation of this paragraph includes all forms of negligent acts, errors and omissions, wrongful behavior and willful misconduct (including but not limited to breaches of professional standards of care, if applicable, and breach of contract) by Contractor and any of its officers, agents employees and subcontractors.

8. INSURANCE REQUIREMENTS.

8.1. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

8.1.1. Workers’ Compensation Coverage. The CONTRACTOR shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation or nonrenewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for CITY. This provision shall not apply if the CONTRACTOR has no employees performing work under this Agreement.

8.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial 38 Item 5.
general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

8.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($300,000) combined single limit for each occurrence. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person.

8.1.4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’s operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis.

8.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A-:VII. Each general liability insurance policy shall be endorsed with the specific language of Section 8.2.1 below.

CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.

8.2.1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”

8.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.

8.2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

8.2.4. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the CITY in excess of the limits and 39 Item 5.
coverage required in this agreement and which is applicable to a given loss will be available to the CITY.

8.2.5. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to require all subcontractors to do likewise.

8.2.6. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

8.2.7. The insurance provided by this policy shall not be suspended, voided or reduced in coverage or in limits except after thirty (30) days’ written notice has been submitted to the CITY and approved of in writing, except in the case of cancellation, for which ten (10) days’ written notice shall be provided.

8.2.8. Contractor agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.

8.3. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the CITY Attorney. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

8.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CONTRACTOR shall provide written evidence of current automobile coverage to comply with the automobile insurance requirement.

8.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above. 40 Item 5.

9. ASSIGNMENT AND SUBCONTRACTING.

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

10. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS.

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

10.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto.

10.2. Workers’ Compensation Law. The CONTRACTOR shall fully comply with the workers’ compensation law regarding the CONTRACTOR and the CONTRACTOR’s employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers’ compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.

10.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession.

11. CONFLICT OF INTEREST.

The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest 41 Item 5.
or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.

12. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.

The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. The CONTRACTOR will ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. Such action shall include, but not be limited to the following: employment, upgrading, promotion, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to include in all solicitations or advertisements for employment and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

13. RECORDS AND AUDITS.

All records shall be made available at the request of the CITY, with reasonable notice, during regular business hours, and shall be retained by the CONTRACTOR for a period of three years after the expiration of this Agreement.

14. OWNERSHIP OF DOCUMENTS.

It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.

15. INDEPENDENT CONTRACTOR.

The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent unless that authority is expressly authorized in writing by CITY.
42 Item 5.

16. NOTICE.

All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement.

Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.

CITY:

City of Oroville,
1735 Montgomery Street,
Oroville, California, 95965
Attention: City Administrator
CONTRACTOR:

Original Grants
7 Towser Road
Chico, CA 95928
Attention: Osvaldo Ivan Garcia

17. GOVERNING LAW.

This Agreement shall be governed by the laws of the State of California. The venue shall be the County of Butte, California

18. ENTIRE AGREEMENT; MODIFICATION.

This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.

19. 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. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain correction or replacement of any defective or noncompliant work product.

20. 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. 43 Item 5.

21. AUTHORITY TO ENTER AGREEMENT.

The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this 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.

IN WITNESS WHEREOF, the parties have executed this Agreement the 6 th day of August,
2024.

CONTRACTOR:
_____________________________________
Osvaldo Ivan Garcia
CITY OF OROVILLE:
_____________________________________
David Pittman, Mayor
APPROVED AS TO FORM:
_____________________________________
Scott Huber, City Attorney
44 Item 5.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: AGREEMENT WITH ORIGINAL GRANTS FOR WASHINGTON AVENUE

COMPLETE STREETS GRANT APPLICATION TO THE FEDERAL

ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT

PROGRAM
DATE: AUGUST 6, 2024

SUMMARY
The Council will consider an agreement with the Original Grants for the submission of the Washington Avenue Complete Streets project to the Federal Active Transportation Infrastructure Investment Program Grant.

DISCUSSION
The Washington Avenue Complete Streets Project is a transformational project designed to improve the primary north/south corridor within the City with meaningful bicycle and pedestrian improvements to improve north/south access, along with improving access to neighboring schools within the neighborhood. Washington Avenue is one component of this project, that eventually includes similar improvements to Table Mountain Boulevard.

The City previously applied for grant funding through the State Active Transportation Program (ATP) and desired to capitalize on the work done for the ATP grant to also apply for the Federal Active Transportation Infrastructure Investment Program (ATIIP) grant. Advocating for funding via various channels will better position the City to ultimately obtain funding for this transformational project. Original Grants was available to submit this application on behalf of the City in very restricted timeframes.

FISCAL IMPACT
$5,000.

RECOMMENDATION
Approve agreement and authorize the Mayor to sign.

ATTACHMENTS
Service Agreement A-3514
45 Item 5.

Page 2 ends

46 Item 5.

City of Oroville
Permanent Local Housing Allocation

OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM GUIDELINES Approved by PLHA 03/21/24
47 Item 6.

Table of Contents
FAIR HOUSING .............................................................................................................. 1 TEMPORARY RELOCATION ......................................................................................... 1 CONFLICT OF INTEREST.............................................................................................. 1 APPLICANT ELIGIBILITY ............................................................................................... 2 Owner-Occupied Applicant .......................................................................................... 2 Owner-Investor Applicant ............................................ Error! Bookmark not defined.

INCOME ELIGIBILITY..................................................................................................... 2 Owner Occupant.......................................................................................................... 2 Owner Investor ............................................................................................................ 2 Tenant............................................................................. Error! Bookmark not defined.

PROPERTY ELIGIBILITY ............................................................................................... 2 Location....................................................................................................................... 2 Property Taxes ............................................................................................................ 3 Evidence of Ownership................................................................................................ 3 Property Types ............................................................................................................ 3 REHABILITATION STANDARDS.................................................................................... 3 PROPERTY IMPROVEMENTS ...................................................................................... 4 LEAD-BASED PAINT...................................................................................................... 4 MANUFACTURED HOUSING UNIT/MOBILE HOME REHABILITATION....................... 5 RECONSTRUCTION ...................................................................................................... 5 RESIDENCY REQUIREMENTS ..................................................................................... 5 Owner Occupant.......................................................................................................... 5 Owner Investor ............................................................ Error! Bookmark not defined.

FINANCING .................................................................................................................... 6 Maximum Loan Amount............................................................................................... 6 Maximum Loan-to-Value Ratio .................................................................................... 7 Loan Security............................................................................................................... 7 Financing Terms.......................................................................................................... 8 Owner-Occupied Property ......................................................................................... 8 Owner Investor........................................................... Error! Bookmark not defined.

Grants ........................................................................ Error! Bookmark not defined. 48 Item 6.

LOAN REQUIREMENTS................................................................................................. 8 Loan Documentation.................................................................................................... 8 Loan Approval ............................................................................................................. 9 Loan Settlement........................................................................................................... 9 Loan Servicing........................................................................................................... 10 DEFAULT AND FORECLOSURE ................................................................................. 10 INSURANCE................................................................................................................. 10 Standard Property Insurance..................................................................................... 10 Fire Insurance............................................................................................................ 10 Flood Insurance......................................................................................................... 11 OUTREACH/APPLICANT LIST..................................................................................... 11 Outreach.................................................................................................................... 11 Applicant List ............................................................................................................. 11 CONTRACTING PROCEDURES.................................................................................. 11 DISPUTE RESOLUTION/APPEALS PROCEDURE ..................................................... 12 SWEAT EQUITY............................................................. Error! Bookmark not defined.

AMENDMENTS............................................................................................................. 14 EXCEPTIONS/PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES .................. 14 CURRENT HUD/INCOME LIMITS ................................................................................ 14 ATTACHMENT A .......................................................................................................... 16

HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY
RELOCATION PLAN................................................................................................. 16 ATTACHMENT B .......................................................................................................... 24 ANNUAL HOUSEHOLD INCOME DEFINITION........................................................ 24 ATTACHMENT C .......................................................................................................... 26 LOAN SERVICING POLICES AND PROCEDURES................................................. 26 49 Item 6.

City of Oroville

PERMANENT LOCAL HOUSING ALLOCATION

HOUSING REHABILITATION PROGRAM GUIDELINES
The City of Oroville Housing Rehabilitation Program, (here after called “Lender”), funded by State Permanent Local Housing Allocation (PLHA) Program, is designed to address unmet housing needs within Oroville and to extend the useful life of existing housing units. Loans are available to achieve cost-effective repairs for low and moderate-income owner-occupied homes.

FAIR HOUSING
This program will be implemented in ways consistent with the Lender’s commitment to Fair Housing. No person shall be excluded from participation in, denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part with Permanent Local Housing Allocation(PLHA) funds on the basis of their religion or religious affiliation, age, race, color, ancestry, national origin, sex, marital status, familial status (children), physical or mental disability, sexual orientation, or other arbitrary cause.

TEMPORARY RELOCATION
The program excludes owner-investor properties by this reference and therefore Relocation benefits to tenants is excluded from the program. Owner occupants are not eligible for temporary relocation benefits, unless health and safety threats are determined to exist by the project coordinator/construction supervisor.

CONFLICT OF INTEREST
No member of the governing body of the locality and no other official, employee, or agent of the City of Oroville government who exercises policy, decision-making functions, or responsibilities in connection with the planning and implementation of the program shall directly or indirectly be eligible for this program, unless the application for 50 Item 6.
assistance has been reviewed and approved according to applicable California Department of Housing and Community Development (HCD) guidelines. This ineligibility shall continue for one year after an individual's relationship with the City of Oroville ends.

A contractor with a vested interest in the property cannot bid on a rehabilitation job.

Owner/builder construction projects will not be allowed under this program. All work must be completed by a licensed contractor.

APPLICANT ELIGIBILITY
 Owner-Occupied Applicant
 Must be existing homeowner and occupy the residence. Proof of occupancy will be required.

INCOME ELIGIBILITY
Income eligibility is based on the occupant’s gross annual income must be less than 120 percent of the area’s median income. These limits can be located on the HCD website and are updated annually
Owner Occupant
To be eligible, household income must be equal to, or less than, the applicable HCD income guidelines. Owner will be required to provide income documentation as detailed in the “Annual Household Income Definition/Income Limits” attached at the end of these Guidelines.

PROPERTY ELIGIBILITY
Location
Units to be rehabilitated must be located within current city limits of Oroville.

Preference will be given to those homes located within South Oroville. 51 Item 6.

Property Taxes
Property Taxes must be paid and current in order to be eligible for a rehabilitation loan. No funds may be used to pay property taxes. If the taxes are not current, the applicant must show the payments have been made and present evidence to be eligible.

Evidence of Ownership
“Ownership” means any of the following interests in residential real property:
 Fee simple interest
 99-year leasehold interest in the property
 Ownership or membership in a condominium, cooperative or mutual housing project.

Property Types
To be eligible, the housing must be the primary residence of income-eligible occupants.

Eligible property types of residence can include:
 Single-family housing, condominiums, manufactured or mobile homes.  Multiple housing units where at least one unit is occupied by income-eligible homeowner and all participating units are occupied by income eligible tenants.
 Structures may be either attached or detached.
*If PLHA funds are used to assist units in a two-to-four-unit property, where some of the units are occupied by ineligible tenants, then PLHA funds can only be used on the income eligible occupied units.

REHABILITATION STANDARDS
All repair work performed must meet Uniform Building Code standards. Additionally, all repair work will comply with any special design or construction standards established by the City of Oroville to preserve historic buildings. Rehabilitation work should incorporate 52 Item 6.
energy efficient/green building materials for items where energy efficient materials are available.

In the case of multi-family units in which the owner occupant is income eligible, but a tenant is not, the rehabilitation shall be limited to those that benefit the overall structure (roof, exterior changes) and the interior changes for the income eligible household only.

PROPERTY IMPROVEMENTS
The goal of the PLHA rehabilitation program is to maintain the existing housing stock.

All improvements must be physically attached to the property and permanent in nature.

Luxury items are not permitted. If building materials that are normally considered “luxury items” are necessary due to a medical condition of a household member or for reasons of accessibility, the Lender may approve the use of such materials.

Examples of eligible improvements include exterior painting, energy efficient windows, new roof and roof repair (when a five-year certification can be provided), electrical repair or rewiring, plumbing repair, heating system installation and repair, window and door replacement and repair, repair of structurally significant damaged wood, and floor coverings where it poses a hazard and water/sewer laterals.

Examples of non-eligible improvements include swimming pools, patios and patio covers, room additions that are for leisure, landscaping upgrades, hot-tubs, custom cabinets and high-end appliances.

Examples of general property improvements include improvements that bring the property into compliance with local zoning requirements, fence repairs, or items to improve the appearance of the property but are not health and safety items.

LEAD-BASED PAINT
Program participants rehabilitating homes constructed prior to January 1, 1978 must be provided with the proper disclosure notification concerning lead-based paint (LBP) 53 Item 6.
hazards. Whenever pre-1978 houses are rehabilitated under PLHA, please refer to Title 24 Code of Federal Regulations (24 CFR) §570.608 , Lead-based paint for guidance.

The costs associated with meeting these requirements may be eligible to be paid for with PLHA funds, if available.

MANUFACTURED HOUSING UNIT/MOBILE HOME REHABILITATION
PLHA funds may be used for the rehabilitation of an owner-occupied mobile home if they are considered part of the community’s permanent housing stock.

RECONSTRUCTION
PLHA funds may be used to demolish and reconstruct an income eligible-owned and occupied residential structures. Reconstruction is defined as the demolition and construction of a structure. The City of Oroville must document that the reconstruction costs are less than newly constructed housing and that the estimated cost of the reconstructed housing (including demolition, site preparation and temporary relocation) is less than the fair market value of the reconstructed housing and land combined. All units will be replaced on a like-for-like basis. Expansions will only be allowed if overcrowding exists.

RESIDENCY REQUIREMENTS
Owner Occupant
Owner occupants will be required to submit to the Lender between January 1 and 31st of each year for the term of the loan:

1. Proof of occupancy in the form of a copy of a current utility bill.

2. Statement of unit's continued use as a residence.

3. Declaration that other title holders do not reside on the premises, if applicable.

4. Insurance and taxes are paid current.
54 Item 6.

In the event that an owner occupant sells, transfers title, or discontinues residence in the rehabilitated property, the loan is due and payable, unless one of the following applies:

1. If the owner occupant sells or otherwise transfers title of the property to a qualified income household, the Lender may consider refinancing the loan balance and subordinating the loan and continuing all or part of the lien as a Deferred Payment Loan.

2. If the owner occupant dies, and if the heir to the property lives in the house and is income eligible, the heir may be permitted, upon approval of the Lender to refinance the loan at the rate and terms the heir qualifies for under current participation guidelines.

3. If the owner occupant dies and the heir is not income eligible, the loan is due and payable.

4. If an owner occupant wants to convert full use of the rehabilitated property to any commercial or nonresidential use, the loan is due and payable. Refer to “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.

FINANCING
Maximum Loan Amount
The maximum loan amount is $75,000. The Loan Advisory Committee (LAC) has the authority to approve projects that exceed the maximum loan amount if health and safety items are required to be replaced to ensure the dwelling is safe for habitation and the cost to bring the home up to Health and Safety Standards is greater than the maximum loan amount.

The loan amount will include all costs associated with the project which may include:
 construction contract (the accepted bid price for the cost of materials and labor);
55 Item 6.
 construction contingency;
 drafting and engineering fees, if any;
 appraisal and termite inspection charges;
 credit report review fees;
 permit fees and related building fees,
 site preparation for replacement housing;
 pre-project inspections,
 lead remediation/work,
 escrow, closing and recording fees; title report and title insurance, title updates
PLHA funds may not be used to pay for property taxes.

Maximum Loan-to-Value Ratio
The maximum encumbrance is limited to 100 percent of the property’s afterrehabilitation value (determined by after rehab appraisal) or less as determined by the Lender’s policy.

Loan Security

1. A Deed of Trust and Promissory Note will secure loans. Also, a Loan Agreement and Regulatory Agreement will be required. A mobile home on a permanent foundation will require a Statement of Lien, promissory note, loan agreement and regulatory agreement.

2. All owners listed on the benefiting property title are required to sign the Deed of Trust, Promissory Note, rehabilitation contract documents, and other related loan documents, whether or not they reside on the property.

3. All Lender loans, which are not in first position on title, will require a Request for Notice of Default to be recorded as part of the transaction. 56 Item 6.

Financing Terms
Owner-Occupied Property
Financing terms are made flexible to allow for maximum affordability. Loans will be set at 3%, simple annual interest. Payments will be deferred for a period of 30 years from the date of a fully executed loan agreement. Interest will be forgiven at the rate of one, half percent per year. After the sixth year from the date of loan document execution, all interest will be forgiven.

Loans are due and payable in full on the anniversary of thirty years from the date the loan documents were fully executed, or upon any change in residency requirements as described in the above section.

LOAN REQUIREMENTS
Loan Documentation
The Lender shall determine the loan amount based on the consideration of:

1. The selected bid contractual amount

2. 10 percent contingency

3. Plan or drawing preparation, if any

4. Pre-project inspections (termite report, LBP inspection, before and after appraisals)

5. Escrow and title policy costs
The Lender shall provide the owner with the loan disclosure information.

Once the owner has approved the disclosure, the Lender shall process the loan for approval. The approval process shall require approval by the Loan Advisory Committee.

The owner shall be notified of approval and/or denial.
57 Item 6.

Loan Approval
A loan package will be prepared by the Lender that: confirms the Applicant and property eligibility; documents the equity in and the encumbrances on the property; lists the estimated loan and construction costs; and includes any other information particular to the loan. By preparing a loan package using all the income and property eligibility, the determination of the amount and rates and terms of the PLHA loan will be outlined for the Loan Advisory Committee to review.

In order to obtain PLHA financing, Applicants must meet all property and eligibility guidelines in effect at the time of loan approval. Applicants will be provided written notification of approval or denial. Reason for denial will be provided to the Applicant in writing.

Loan Settlement

1. The Applicant shall sign the following: Deed of Trust, Promissory Note, Regulatory Agreement, Loan Estimate and Closing Disclosure Statement, Rescission Notice, Loan Agreement, Request for Notice of Default and Sale (if applicable)

2. The City Administrator, acting on the behalf of the Lender, shall sign the loan documents as required.

3. If after the 3-day rescission period the Applicant does not rescind the loan, A. the Deed of Trust and Request for Notices shall be recorded at the Butte County Recorder’s Office. The Applicant shall sign the Construction agreement and Notice to Proceed.

B. Title insurance shall be requested and received.

4. The original loan documents shall be filed with the City of Oroville. The following documents shall be included: Promissory Note, Deed of Trust, Loan Agreement, and Regulatory Agreement.

5. The construction documents shall be filed with the City of Oroville 58 Item 6.

7. The Lender shall deposit loan funds into an escrow account with a reputable title company, unless the loan amount is too small to warrant incursion of escrow fees.

Loan Servicing
Refer to “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.

DEFAULT AND FORECLOSURE
If a Borrower defaults on a loan, and foreclosure procedures are instituted, they shall be carried out according to the PLHA Foreclosure Policy as described in the “Loan Servicing Policies and Procedures” attached at the end of these Guidelines.

INSURANCE
Standard Property Insurance
Borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If Borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs the Lender may take out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.

Fire Insurance
The Borrower shall maintain fire insurance on the property for the duration of the loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the Lender as Loss Payee for the amount of the loan(s). A binder shall be provided to the Lender. In the event the Borrower fails to make the fire insurance premium payments in a timely fashion, the Lender at its option may make such payments for a period not to exceed 60 days. The Lender may, in its discretion and upon the showing of special circumstances, make such premium 59 Item 6.
payments for a longer period of time. Should the Lender make any payments, it may, in its sole discretion, add such payments to the principal amount that the Borrower is obligated to repay the Lender under this program.

Flood Insurance
Properties located in a flood zone will not be eligible for funding under this program

OUTREACH/APPLICANT LIST
Outreach
When loan funds are available, the Lender shall advertise and promote the Housing Rehabilitation Program so that all those in need of rehabilitation assistance are aware of the Lender’s program. Efforts will be made to contact special needs households such as: elderly, single parent households, women, disabled, and minorities.

Applicant List
 Applications shall be received and processed as quickly as possible.  Applicants shall be placed on the Applicant list at the time they apply for the program.
 Applicants shall provide information needed for the income and property verification process and what improvements are needed in a timely manner. If information is not forthcoming in a reasonable time period, the Applicant shall be informed that their position on the Applicant list may be affected.  Unless there are emergency conditions that warrant more immediate action, projects will be funded based on the order of which the applications are received and deemed eligible.

CONTRACTING PROCEDURES
 All housing rehabilitation work must be carried out using the adopted Housing Rehabilitation Program Guidelines.
 The Lender will prepare the bid package and assist the Borrower in negotiating the contract.
60 Item 6.
 The Borrower will select the contractor.
 All general and sub-contractors must be checked and cleared with HUD’S federal debarred list of contractors and have a DUNS number.
 All general and sub-contractors must be actively licensed and bonded with the State of California.
 All general and sub-contractors must have public liability insurance to the Lender’s required limits, and if applicable, maintain Workers’ Compensation and Employer Liability insurance to the extent required by State Law.  All general and sub-contractors must comply with PLHA federal and state regulations.
 A Notice of Completion must be recorded with the County Recorder.

DISPUTE RESOLUTION/APPEALS PROCEDURE
Any person/household applying for a rehabilitation loan through the PLHA program has the right to appeal if their application is denied. In addition, during pre-construction, construction or post-construction periods, the Borrower has a similar right to have any disputes heard and resolved.

Rehabilitation program representatives are primarily responsible to assure that the program is implemented in compliance with state and federal regulations in a timely and responsible manner. This includes developing accurate and professional files, work write-ups and contract documents. Program representatives attend the meeting between the homeowner and the contractor when the contract documents are signed and facilitate in the clarification and/or corrections of proposed work, so a clear understanding is established between both parties.

During and after completion of construction, the contractor's work is monitored for code compliance by the Lender Building Inspector and for quality by the Housing Rehabilitation Inspector.
61 Item 6.

The contractual obligation for rehabilitation is ultimately between the contractor and the homeowner. If a situation occurs where the two parties are in conflict, the following procedure will occur:

Before any intervention occurs, the homeowner or contractor shall communicate perceived problems or complaints directly to the other party. In an attempt to resolve the differences, each will give the other an opportunity to respond or correct the problem.

If the first attempt fails, the homeowner or contractor may ask the Program Representative or designee to informally intervene. This intervention might include telephone call(s) to the contractor or homeowner, meeting(s) at the job site or in the office, or other actions as seem appropriate, including such things as the establishment of written working guidelines, or other post-contractual agreement.

If the Program Representative or designee is unable to satisfactorily resolve the homeowner-contractor differences, the homeowner, contractor, or program representative, will contact HCD detailing the problem. In cases of building code compliance or questions of construction quality, the building inspector might also be contacted.

It must be recognized that the homeowner has other options which they may choose to utilize, including contacting the Contractors State Licensing Board and submitting a complaint.

Any controversy between the parties that cannot be settled through the informal intervention process outlined above shall be submitted to binding arbitration. Costs for the arbitration will be borne by the loser, or subject to the terms of the arbitration agreement.
62 Item 6.

The parties shall attempt to agree on a single arbitrator to hear the dispute. If they cannot agree each party shall appoint an arbitrator. If the two arbitrators cannot agree then they shall appoint a third arbitrator whose decision shall be final and binding.

The cost of the arbitration shall be borne by the losing party unless the arbitrator otherwise determines.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association then in force. The parties expressly agree that the arbitration shall be subject to and governed by, the Federal Arbitration Act, Title IX, USC 1 et seq.

AMENDMENTS
Amendments to these Guidelines may be made by the Lender and submitted to HCD for approval.

EXCEPTIONS/PROCEDURES FOR EXCEPTIONAL CIRCUMSTANCES
Any case to which a standard policy or procedure, as stated in the guidelines, does not apply or an Applicant treated differently from others would be an exception.

In the event of extraordinary or special circumstances, the Loan Committee may grant an exception to the guidelines as long as the exception does not violate the regulations of the funding sources.

The Program staff may initiate consideration of an exception and prepare a report. This report shall contain a narrative, including staff’s recommended course of action and any written or verbal information supplied by the Applicant. The request shall be presented to the Loan Committee for decision and consideration.

CURRENT HUD/INCOME LIMITS
For consistency in calculating household incomes, the Lender will use the most current income limits available when determining household income. The PLHA income limits are updated annually.
63 Item 6.
64 Item 6.

ATTACHMENT A

HOUSING REHABILITATION PROGRAM SINGLE FAMILY TEMPORARY

RELOCATION PLAN
The Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require all grantees of Permanent Local Housing Allocation(PLHA) funds or Home Investment Partnership (HOME) funds to follow a written Residential Anti-displacement and Relocation Assistance Plan (Plan) for any activities which could lead to displacement of occupants whose property is receiving funds from these or other federal funding source. Having been developed in response to both aforesaid federal legislations, this Plan is intended to inform the public of the compliance of the City of Oroville with the requirements of federal regulations 24 CFR 570.606 under state recipient requirements and Section 104(d) of the Housing and Community Development Act of 1974 and 24 CFR 92 of the HOME federal regulations.

The Plan will outline reasonable steps, which the City of Oroville will take to minimize displacement and ensure compliance with all applicable federal and state relocation requirements. The City of Oroville governing body has adopted this plan via a formal resolution.

This Plan will affect rehabilitation activities funded by the U.S. Department of Housing and Urban Development (HUD) under the following program titles: HOME, PLHA, Urban Development Action Grant (UDAG), Special Purpose Grants, Section 108 Loan Guarantee Program, and such other grants as HUD may designate as applicable, which take place within the Oroville City- limits.

The City of Oroville will provide permanent relocation benefits to all eligible “displaced” households either owner occupied or rental occupied units which are permanently displaced by the housing rehabilitation program. In addition, the City of Oroville will replace all eligible occupied and vacant occupiable low-income group dwelling units demolished or converted to a use other than low income group housing as a direct 65 Item 6.
result of rehabilitation activities. This applies to all units assisted with funds provided under the Housing and Community Development Act of 1974, as amended, and as described in the Federal Regulations 24 CFR 570.496(a), Relocation, Displacement and Acquisition: Final Rule dated July 18, 1990 (Section 104(d)) and 49 CFR Part 24, Uniform Relocation Assistance (URA) and Real Property Acquisition Regulations Final Rule and Notice (URA) dated March 2, 1989.

All City of Oroville programs/projects will be implemented in ways consistent with the City of Oroville’s commitment to Fair Housing. Participants will not be discriminated against on the basis of race, color, religion, age, ancestry, national origin, sex, familial status, or handicap. The City of Oroville} will provide equal relocation assistance available 1) to each eligible income household displaced by the demolition or rehabilitation of housing or by the conversion of a eligible income household dwelling to another use as a direct result of assisted activities; and 2) to each eligible income person temporarily relocated as a direct result of activities funded by HUD programs.

Minimizing Permanent Displacement and Temporary Relocation Resulting from Housing Rehabilitation or Reconstruction Activities
Consistent with the goals and objectives of activities assisted under the Act, the City of Oroville will take the following steps to minimize the displacement of persons from their homes during housing rehabilitation or reconstruction funded by HUD programs:
 Provide proper notices with counseling and referral services to all tenants so that they understand their relocation rights and receive the proper benefits. When necessary assist permanently displaced persons to find alternate housing in the neighborhood.
 Stage rehabilitation of assisted households to allow owner occupants and/or tenants to remain during minor rehabilitation.
66 Item 6.
 Encourage owner investors to temporarily relocate tenants to other available safe and sanitary vacant units on the project site area during the course of rehabilitation or pay expenses on behalf of replaced tenants.  Work with area landlords, real estate brokers, and/or hotel/motel managements to locate vacancies for households facing temporary relocation.  When necessary, use public funds, such as PLHA funds, to pay moving costs and provide relocation/displacement payments to households permanently displaced by assisted activities.

Lead Based Paint Mitigation Which Causes Temporary Relocation On September 15, 2000, the Final Rule for Lead Based Paint Hazard Control went into effect. Among other things, it requires that federally funded rehabilitation must use safe work practices so that occupants and workers can be protected from lead hazards. At no time should the tenant-occupant(s) be present in work areas or designated adjacent areas while LHC activities are taking place in any dwelling unit interior, common area, or exterior. As such, occupants may not be allowed to remain in their units during the time that lead-based paint hazards are being created or treated. Once work that causes lead hazards has been completed, and the unit passes clearance, the occupants can return.

The tenant-occupants may not reoccupy a work area or adjacent area until post-lead hazard reduction clearance standards have been achieved and verified with laboratory results. The final rule allows for certain exceptions:
 The work will not disturb lead-based paint, or create dust-lead or soil-lead hazard; or
 The work is on exterior only and openings are sealed to prevent dust from entering the home, the work area is cleaned after the work is completed, and the residents have alternative lead-free entry; or
 The interior work will be completed in one period of less than 8-daytime hours and the work site is contained to prevent the release of dust into other areas of the home; or
67 Item 6.
 The interior work will be completed within 5 calendar days, the work site is contained to prevent the release of dust, the worksite and areas within 10 feet of the worksite are cleaned at the end of each day to remove any visible dust and debris, and the residents have safe access to kitchen and bath and bedrooms.

If temporary relocation benefits are not provided because the {City/County} believes that the project meets one of the above criteria, then proper documentation must be provided in the rehabilitation project file to show compliance. It is up to the {City/County} to ensure that the owner occupant or tenant in the project does not get impacted by lead paint mitigation efforts. In most cases where lead paint mitigation is taking place, occupants (tenants or owners) will be strongly encouraged to relocate even for just a few days until a final lead clearance can be issued by a certified lead-based paint assessor. Occupants who are temporarily relocated because of lead based paint mitigation are entitled to the same relocation benefits as those who are relocated because of substantial rehabilitation or reconstruction activities.

Temporary Relocation of Owner Occupants
Owner occupants are not allowed to stay in units which are hazardous environments during lead-based paint mitigation. When their home is having lead-based paint mitigation work done which will not make it safe to live in, then they are eligible for temporary relocation benefits which will be provided as a grant. In the same way, a unit requiring substantial rehabilitation (with or without lead based paint mitigation) which will not allow the family to access a bath or kitchen facility, or if the unit is being demolished and reconstructed, then the family will be eligible for temporary relocation benefits which will be provided as a grant. The amount of the benefit to be paid should be cost appropriate to the conditions.

Owner occupants will be encouraged to move in with family or friends during the course of rehabilitation, since they are voluntarily participating in the program. The housing rehabilitation loan specialist and/or the rehabilitation construction specialist will complete a temporary relocation benefits form to document that the owner occupant 68 Item 6.
understands that they must relocate during the course of construction and what benefits they wish to be reimbursed for as part of their relocation.

Rehabilitation Activities Requiring Permanent Displacement The City of Oroville rehabilitation program will not typically trigger permanent displacement and permanent displacement activities fall outside of the scope of this plan. If a case of permanent displacement is encountered, then the staff that is responsible for the rehabilitation program will consult with City of Oroville’s legal counsel to decide if they have the capacity to conduct the permanent displacement activity. If local staff does not have the capacity, then a professional relocation consultant will be hired to do the counseling and benefit determination and implementation. If local staff does wish to do the permanent displacement activity, then they will consult and follow the HUD Relocation Handbook 1378.

Rehabilitation Which Triggers Replacement Housing
If the City of Oroville rehabilitation program assists a property where one or more units are eliminated then under Section 104 (d) of the Housing and Community Act of 1974, as amended applies and the City of Oroville is required to replace those lost units. An example of this would be a duplex unit which is converted into a single-family unit. In all cases where rehabilitation activities will reduce the number of housing units in the jurisdiction, then the City of Oroville must document that any lost units are replaced, and any occupants of reduced units are given permanent relocation benefits. (This does not apply to reconstruction or replacement housing done under a rehabilitation program where the existing unit(s) is demolished and replaced with a structure equal in size without in loss number of units or bedrooms.)
Replacement housing will be provided within three years after the commencement of the demolition or conversion. Before entering into a contract committing the City of Oroville to provide funds for an activity that will directly result in such demolition or conversion, the City of Oroville will make this activity public (through a noticed public hearing and/or publication in a newspaper of general circulation) and submit to the 69 Item 6.

California Department of Housing and Community Development or the appropriate federal authority the following information in writing:
 A description of the proposed assisted activity;
 The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as targeted income group dwelling units as a direct result of the assisted activity;  A time schedule for the commencement and completion of the demolition or conversion;
 The location on a map and the approximate number of dwelling units by size (number of bedrooms) that will be provided as replacement dwelling units;  The source of funding and a time schedule for the provision of the replacement dwelling units;
 The basis for concluding that each replacement dwelling unit will remain a targeted income group dwelling unit for at least 10 years from the date of initial occupancy; and,
 Information demonstrating that any proposed replacement of dwelling units with smaller dwelling units (e.g., a two-bedroom unit with two one-bedroom units) is consistent with the housing needs of targeted income group households in the jurisdiction.

The Management Analyst at the City of Oroville is responsible for tracking the replacement of housing and ensuring that it is provided within the required period. The City of Oroville is responsible for ensuring requirements are met for notification and provision of relocation assistance, as described in Section 570.606, to any targeted income group displaced by the demolition of any dwelling unit or the conversion of a targeted income group dwelling unit to another use in connection with an assisted activity.

Record Keeping and Relocation Disclosures/Notifications The City of Oroville will maintain records of occupants of Federally funded rehabilitated, reconstructed or demolished property from the start to completion of the project to 70 Item 6.
demonstrate compliance with section 104(d), URA and applicable program regulations.

Each rehabilitation project, which dictates temporary or permanent or replacement activities, will have a project description and documentation of assistance provided. (See sample forms in HUD Relocation Handbook 1378, Chapter 1, Appendix 11, form HUD-40054)
Appropriate advisory services will include reasonable advance written notice of (a) the date and approximate duration of the temporary relocation; (b) the address of the suitable, decent, safe, and sanitary dwelling to be made available for the temporary period; (c) the terms and conditions under which the tenant may lease and occupy a suitable, decent, safe, and sanitary dwelling.

Notices shall be written in plain, understandable primary language of the persons involved. Persons who are unable to read and understand the notice (e.g. illiterate, foreign language, or impaired vision or other disability) will be provided with appropriate translation/communication. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. The notices and process below are only for temporary relocation. If permanent relocation is involved, then other sets of notice and noticing process and relocation benefits must be applied (See HUD relocation handbook 1378 for those forms and procedures) The Temporary Relocation Advisory Notices to be provided are as follows:

General Information Notice
As soon as feasible when an owner investor is applying for Federal financing for rehabilitation, reconstruction, or demolition, the tenant of a housing unit will be mailed, or hand delivered a General Information Notice that the project has been proposed and that the tenant will be able to occupy their present house upon completion of rehabilitation. The tenant will be informed that the rent after rehabilitation will not exceed current rent or 30 percent of their average monthly gross household income. The tenant will be informed that if he or she is required to move temporarily so that the rehabilitation can be completed, suitable housing will be made available and they will be reimbursed for all reasonable extra expenses. 71 Item 6.

The tenant will be cautioned that they will not be provided relocation assistance if they decide to move for personal reasons.

Notice of Non-Displacement
As soon as feasible when the rehabilitation application has been approved, the tenant will be informed that they will not be permanently displaced and that they are eligible for temporary relocation benefits because of lead based paint mitigation or substantial rehabilitation, or reconstruction of their unit. The tenant will also again be cautioned not to move for personal reasons during rehabilitation, or risk losing relocation assistance.

Disclosure to Occupants of Temporary Relocation Benefits This form is completed to document that the City of Oroville is following its adopted temporary relocation plan for owner occupants and tenants.

Other Relocation/Displacement Notices
The above three notices are required for temporary relocation. If the City of Oroville is attempting to provide permanent displacement benefits, then there are a number of other forms which are required. Staff will consult HUD’s Relocation Handbook 1378 and ensure that all the proper notices are provided for persons who are permanently displaced as a result of housing rehabilitation activities funded by PLHA or other federal programs.
72 Item 6.

ATTACHMENT B

ANNUAL HOUSEHOLD INCOME DEFINITION
For the purposes of determining eligibility in accordance with HCD income guidelines, Annual Income will include, for all members of the household:
 Gross wages and salary before deductions.
 Net money income from self-employment.
 Cash income received from such sources as rental units, Social Security benefits, pensions, and periodic income from insurance policy annuities.  Periodic cash benefits from public assistance and other compensation, including AFDC, SSI, Worker's Compensation, State Disability Insurance and Unemployment benefits.
 Interest earned on savings and investments.

Annual Income will not include:
 Non-cash income such as food stamps or vouchers received for the purpose of food or housing.
 Capital gains or losses.
 One-time unearned income such as scholarship and fellowship grants; accident, health or casualty insurance proceeds; prizes or gifts; inheritances.  Payments designated specifically for medical or other costs, foster children or their non-disposable income.
 Income from employment of children under the age of 18.  Payment for the care of foster children.

This is not meant to be a complete list.
73 Item 6.

The City of Oroville will make the final decision in situations where the classification of income is not clear-cut. Any exceptions or other deviations from this definition of annual income will be considered by the City of Oroville
The City of Oroville shall use the Income Guidelines published each year by HUD and HCD.

The maximum gross annual income for an eligible household shall be 120% percent of the area median income for the household size.
74 Item 6.

ATTACHMENT C

LOAN SERVICING POLICES AND PROCEDURES
The City of Oroville here after called “Lender” has adopted these policies and procedures in order to preserve its financial interest in properties, who’s “Borrowers” have been assisted with public funds. The Lender will to the greatest extent possible follow these policies and procedures, but each loan will be evaluated and handled on a case-by-case basis. The Lender has formulated this document to comply with state and federal regulations regarding the use of these public funds and any property restrictions, which are associated with them.

The policies and procedures are broken down into the follow areas: 1) making required payments or paying off a loan’s principle and interest; 2) required payment of property taxes and insurance; 3) required Request for Notice of Default on all second mortgages; 4) required Rent Limitation Agreement and monitoring of investor properties; 5) loans with annual occupancy restrictions and certifications 6) required noticing and limitations on any changes in title or use of property; 7) required noticing and process for requesting a subordination during a refinance; 8) process of foreclosure in case of default on the loan.

Loan Repayments and Discounting of Notes
Where applicable, the Lender will collect monthly payments from those borrowers who are obligated to do so under an Installment Note, which are amortized promissory notes. Late fees will be charged for payments received after the assigned monthly date.

The Lender will provide to the Borrower a debt amortization schedule and will maintain said schedule to account for the loan repayments and any penalties.

For Straight Notes, which are deferred payment loans; the Lender may accept voluntary payments on the loan. Loan payments will be credited to the interest first and then to principal. The borrower may repay the loan balance at any time with no penalty. 75 Item 6.

The Lender will maintain an accurate listing of all loans including but not limited to the following information, borrower’s name, address, date of loan, amount of principal, calculation of interest, total payoff amount and date of payoff.

Lender is notified that the Borrower intends to pay off a loan, the Lender will provide the payoff amount, including the amount of interest accrued up to the day identified as the payoff date.

The Lender will process and record a Substitution of Trustee and Full Reconveyance upon loan satisfaction.

When the rehabilitation project is completed and the amount used to complete the project is less than the amount loaned, the Lender will notify the title company holding the escrow account to refund the unused balance to the Lender. The Lender will reduce the amount of principal accordingly and recalculate the interest.

Payment of Property Taxes and Insurance
As part of keeping the loan from going into default, borrower must maintain property insurance coverage naming the Lender as loss payee in first position or additional insured if the loan is a second mortgage. If borrower fails to maintain the necessary insurance, the Lender is notified in writing by the insurance company. If this occurs the Lender may take out forced place insurance to cover the property while the Borrower puts a new insurance policy in place. All costs for installing the necessary insurance will be added to the loan balance at time of installation of Borrower’s new insurance.

When a property is located in a 100-year flood plain, the Borrower will be required to carry the necessary flood insurance. A certificate of insurance for flood and for standard property insurance will be required at close of escrow. The lender may check the insurance on an annual basis.
76 Item 6.

Property taxes must be kept current during the term of the loan. If the Borrower fails to maintain payment of property taxes, then the lender may pay the taxes current and add the balance of the tax payment plus any penalties to the balance of the loan. Wherever possible, the Lender encourages Borrower to have impound accounts set up with their first mortgagee wherein they pay their taxes and insurance as part of their monthly mortgage payment.

All Borrowers will be evaluated semi-annually by the Lender to confirm timely payments of property taxes. In January and May of each year the Lender will access the County Treasurer-Tax Collector website and view the Borrower’s tax bill to determine if tax payments have been made.

Required Request for Notice of Default
When the Borrower’s loan is in second position behind an existing first mortgage, it is the Lender's policy to prepare and record a "Request for Notice of Default" for each senior lien in front of Lender’s loan. This document requires any senior lien holder listed in the notice to notify the lender of initiation of a foreclosure action. The Lender will then have time to contact the Borrower and assist them in bringing the first loan current. The Lender can also monitor the foreclosure process and go through the necessary analysis to determine if the loan can be made whole or preserved. When the Lender is in a third position and receives notification of foreclosure from only one senior lien holder, it is in their best interest to contact any other senior lien holders regarding the status of their loans.

Annual Occupancy Restrictions and Certifications
All owner-occupied Borrowers will be evaluated annually by the Lender to confirm continuous owner occupancy status. Owner occupant Borrowers will be required to submit to the City of Oroville between January 1 and31st of each year for the term of the loan:
77 Item 6.
 Proof of occupancy in the form of a copy of a current utility bill.  Statement of unit's continued use as a residence.
 Declaration that other title holders do not reside on the premises.

These loan terms are incorporated in the original note and deed of trust. In the event that an owner occupant sells, transfers title, or discontinues residence in the rehabilitated property, the loan is due and payable.

Required Noticing and Restrictions on Any Changes of Title or Occupancy In all cases where there is a change in title or occupancy or use, the Borrower must notify the Lender in writing of any change. Lender and borrower will work together to ensure the property is kept in compliance with the original program terms and conditions such that it remains available as an affordable home for low income families. These types of changes are typical when Borrowers do estate planning (adding a relative to title) or if a Borrower dies and property is transferred to heirs or when the property is sold or transferred as part of a business transaction. In some cases, the Borrower may move and turn the property into a rental unit without notifying the Lender. Changes in title or occupancy must be in keeping with the objective of benefit to the income qualified families.

Owner-Occupant to Owner-Occupant
Change from owner-occupant to owner-occupant occurs at a sale. When a new owner-occupant is not low-income, the loan is not assumable, and the loan balance is immediately due and payable. If the new owner-occupant qualifies as low-income, the purchaser may assume all loan repayment obligations of the original owneroccupant, subject to the approval of the Lender’s Loan Advisory Committee.

If a transfer of the property occurs through inheritance, the heir (as owner-occupant) may be provided the opportunity to assume the loan at an interest rate based on family size and household income, provided the heir is income qualified. If the heir intends to occupy the property and is not income qualified, the balance of the loan is 78 Item 6.
due and payable. If the heir intends to act as an owner-investor, the balance of the loan may be converted to an owner/investor interest rate and loan term and a rent limitation agreement is signed and recorded on title. All such changes are subject to the review and approval of the Lender’s
Owner-Occupant to Owner-Investor
Change from owner-occupant to owner-investor is not allowed.

Conversion to use other than residential use is not allowable where the full use of the property is changed from residential to commercial or other. In some cases, Borrowers may request that the Lender allow for a partial conversion where some of the residence is used for a business, but the family still resides in the property.

Partial conversions can be allowed if it is reviewed and approved by any and all agencies required by local statute. If the use of the property is converted to a fully non-residential use, the loan balance is due and payable.

Requests for Subordinations
When a Borrower has a primary mortgage recorded in a senior position to the City of Oroville’s loan and wishes to refinance the primary loan, they must submit a written subordination request to the Lender City of Oroville. The Lender will only subordinate their loan when there is no “cash out” as part of the refinance. Cash out means there are no additional charges on the transaction above loan and escrow closing fees. There can be no third-party debt pay offs or additional encumbrance on the property above traditional refinance transaction costs. Furthermore, the refinance should lower the housing cost of the family with a lower interest rate and the total indebtedness on the property should not exceed the current market value.

Upon receiving the proper documentation from the refinance agency, the request will be considered by the Loan Committee for review and approval. Upon approval, the escrow company will provide the proper subordination document
for execution and recordation.
79 Item 6.

Process for Loan Foreclosure
Upon any condition of loan default: 1) nonpayment; 2) lack of insurance or property tax payment; 3) violation of rent limitation agreement; 4) change in title or use without approval; 5) default on senior loans, the Lender will send out a letter to the Borrower notifying them of the default situation. If the default situation continues then the Lender may start a formal process of foreclosure.

When a senior lien holder starts a foreclosure process and the Lender is notified via a Request for Notice of Default, the Lender, who is the junior lien holder, may cancel the foreclosure proceedings by "reinstating" the senior lien holder. The reinstatement amount or payoff amount must be obtained by contacting the senior lien holder. This amount will include all delinquent payments, late charges and fees to date. Lender must confer with Borrower to determine if, upon paying the senior lien holder current, the Borrower can provide future payments. If this is the case, then the Lender may cure the foreclosure and add the costs to the balance of the loan with a Notice of Additional Advance on the existing note.

If the Lender determines, based on information on the reinstatement amount and status of borrower, that bringing the loan current will not preserve the loan, then staff must determine if it is cost effective to protect their position by paying off the senior lien holder in total and restructure the debt such that the unit is made affordable to the Borrower. If the Lender does not have sufficient funds to pay the senior lien holder in full, then they may choose to cure the senior lien holder and foreclose on the property themselves. As long as there is sufficient value in the property, the Lender can afford to pay for the foreclosure process and pay off the senior lien holder and retain some or all of their investment.

If the Lender decides to reinstate, the senior lien holder will accept the amount to reinstate the loan up until five (5) days prior to the set "foreclosure sale date." This "foreclosure sale date" usually occurs about four (4) to six (6) months from the date of 80 Item 6.
recording of the "Notice of Default." If the Lender fails to reinstate the senior lien holder before five (5) days prior to the foreclosure sale date, the senior lien holder would then require a full pay off of the balance, plus costs, to cancel foreclosure. If the Lender, after exercising due diligence, determines the reinstatement and maintenance of the property not to be cost effective and allows the senior lien holder to complete foreclosure, the Lender's lien may be eliminated due to insufficient sales proceeds.

Lender as Senior Lien holder
When the Lender is first position as a senior lien holder, active collection efforts will begin on any loan that is 31 or more days in arrears. Attempts will be made to assist the homeowner in bringing and keeping the loan current. These attempts will be conveyed in an increasingly urgent manner until loan payments have reached 90 days in arrears, at which time the Lender may consider foreclosure. Lender’s staff will consider the following factors before initiating foreclosure:
 Can the loan be cured, and can the rates and terms be adjusted to allow for affordable payments such that foreclosure is not necessary?  Can the Borrower refinance with a private lender and pay off the Lender?  Can the Borrower sell the property and pay off the Lender?  Does the balance warrant foreclosure? (If the balance is under $5,000, the expense to foreclose may not be worth pursuing.)
 Will the sales price of home "as is" cover the principal balance owing, necessary advances, (maintain fire insurance, maintain or bring current delinquent property taxes, monthly yard maintenance, periodic inspections of property to prevent vandalism, etc.) foreclosure, and marketing costs?
If the balance is substantial and all of the above factors have been considered, the Lender may opt to initiate foreclosure. The Borrower must receive, by certified mail, a thirty-day notification of foreclosure initiation. This notification must include the exact amount of funds to be remitted to the Lender to prevent foreclosure (such as, funds to bring a delinquent Below Market Interest Rate (BMIR) current or pay off a DPL). 81 Item 6.

At the end of 30 days, the Lender should contact a reputable foreclosure service or local title company to prepare and record foreclosure documents and make all necessary notifications to the owner and junior lien holders. The service will advise the Lender of all required documentation to initiate foreclosure (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure proceedings. The service will keep the Lender informed of the progress of the foreclosure proceedings.

When the process is completed, and the property has "reverted to the beneficiary" at the foreclosure sale, the Lender could sell the home themselves under a homebuyer program or use it for an affordable rental property managed by a local housing authority or use it for transitional housing facility or other eligible use. The Lender could contract with a local real estate broker to list and sell the home and use those funds for program income eligible uses.
82 Item 6.

CITY OF OROVILLE
RESOLUTION NO. 9295

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING THE ADOPTION OF

THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) OWNER-OCCUPIED REHABILITATION LOAN PROGRAM GUIDELINES.

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

1. The Oroville City Council hereby authorizes the adoption of the Permanent Local Housing Allocation Home Rehabilitation Loan Program. A copy of the Permanent Local Housing Allocation Home Rehabilitation Loan Program Guidelines has been 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 on August 6, 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 83 Item 6.

Page 1 ends

CITY OF OROVILLE

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

DEVELOPMENT
RE: APPROVAL OF PERMANENT LOCAL HOUSING ALLOCATION (PLHA)

OWNER-OCCUPIED REHABILITATION LOAN PROGRAM GUIDELINES
DATE: AUGUST 6, 2024

SUMMARY
The Council will consider authorizing the adoption of the Permanent Local Housing Allocation Program Guidelines for the Owner-Occupied Rehabilitation Loan Program.

DISCUSSION
The California Department of Housing and Community Development under the Permanent Local Housing Allocation (PLHA) Program provides funding for activities that assist in addressing the unmet housing needs, including the rehabilitation and preservation of affordable ownership housing.

Resolution No. 9234 was adopted by Council on March 19, 2024, approving the City’s PLHA Plan for the 2019-2023 Allocation of $822,306.00 to extend the useful life of existing housing units in the City limits. The California Department of Housing and Community Development has approved a draft of the Program Guidelines on January 4, 2024. Staff is requesting that Council approves the program guidelines.

The primary features of this loan are as follows:
 The applicant will be income qualified up to 120% of Butte County Area Median Income (AMI).
 The applicants must reside in the home.
 The property must be in the City Limits of Oroville.
 The maximum Loan Amount is $75,000.
 The loan is a 3% simple interest loan, deferred payment loan for 30 Years. Interest forgiveness each year until year 6, then only principal is due.

FISCAL IMPACT
84 Item 6.

Page 2 ends

No General Fund impact.

RECOMMENDATION
Adopt Resolution No. 9295 _ A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING THE ADOPTION OF THE PERMANENT LOCAL HOUSING

ALLOCATION OWNER-OCCUPIED HOME REHABILITATION PROGRAM
GUIDELINES.

ATTACHMENTS
A- Resolution No. 9295
B- CDBG Home Rehabilitation Loan Program Guidelines.
85 Item 6.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 1 of 10

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
July 18, 2023

MEETING MINUTES
This meeting was recorded live and can be viewed at cityoforoville.org or on Youtube. The agenda was posted on March 1, 2019 at 12:05pm.

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

OPEN SESSION

1. Pledge of Allegiance = Johnstone

2. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS
Narinder Sufi, Butte County Librarian, presented on the various services and programs being 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.

1. Council Announcements and Reports
None.

2. Administration Reports
 Police Department Report for May 2023 provided by Bill LaGrone.  Fire Department Report provided by Chief Chris Tenns.

CONSENT CALENDAR
Consent calendar items 1 - 7 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.

Council Member Riggs motioned to adopt the Consent Agenda with the exception of Item #4, which was removed from the Consent Agenda and placed on the regular agenda for additional consideration and discussion.
86 Item 8.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 2 of 10 Motioned by: Council Member Riggs Seconded by: Council Member Thomson Ayes: Council Member(s) Johnstone, Riggs, Thomson, Webber, Vice Mayor Smith, Mayor Pittman
Noes: None

Absent: None
Abstained: Council Member Goodson

1. APPROVAL OF THE MINUTES
The City Council approved the minutes of June 13, 2023, and June 27, 2023.

2. CONSIDER AND ADOPT THE ASSISTANT DIRECTOR OF PUBLIC WORKS / CITY

ENGINEER JOB DESCRIPTION AND SALARY RANGE
The City Council approved the attached Assistant Director of Public Works/City Engineer job description and salary range.

3. CONTRACT WITH BUTTE ROOFING COMPANY FOR ROOF REPLACEMENT OF THE CHINESE TEMPLE’S TAPESTRY HALL ROOF
The Council approved Resolution No. 9145 - A Resolution Of The Oroville City Council Authorizing And Directing The Mayor To Sign And Accept The Proposal With Butte Roofing Company Authorizing Butte Roofing Company To Complete The Proposed Roof Replacement Of The Chinese Temple Tapestry Hall In The Amount Of $99,234.86 And A 20% Contingency In The Amount Of $19,864.97 Should Any Deficiencies Be Discovered During The Project, And Authorized And Directed To Sign And Accept The Proposal From Butte Roofing Company, Authorizing The Proposed Roof Replacement Of The Chinese Temple Tapestry Hall, In The Amount Of $99,324.86 (Base Bid) And A 20% Contingency In The Amount Of $19,864.97 Should Any Deficiencies Be Discovered During The Project, For A Total Of $119,099.83.

4. COMMUNITY MEMBER APPOINTMENTS TO VARIOUS COMMITTEES AND

COMMISSIONS
City Council appointed the following individuals to the Arts Commission with terms expiring June 20, 2027 – David Tamori and Andee Krantz (Representative from the Parks Commission); and appointed Audrey Holt to the Parks commission with a term that expires on June 30, 2028; and appointed Terry Smith to the Planning Commission with a term that expires on June 30, 2027; and appointed the following individuals to the Citizens Oversight Committee with a terms expiring June 30, 2027 –Mark Grover, JD Holt.

5. FORECLOSURE OF 2950 EL NOBLE AVE
The City Council adopted Resolution No. 9146 - 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 2950 El Noble Ave., Oroville (APN 013- 225-003).
87 Item 8.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 3 of 10

6. ACCEPT THE COMMUNITY DEVELOPMENT BLOCK GRANT STANDARD AGREEMENT 22-CDBG-NH-00008 AND ESTABLISH BUDGET FOR

NEIGHBORHOOD CLEANUP PROJECT
The Council accepted the 2022 Community Development Block Grant Allocation, Agreement No. 22-CDBG-NH-00008, in the amount of $500,000.00: and approved the Budget Adjustment indicated in the fiscal impact of this Staff Report, dated July 18, 2023.

7. POLICE DEPARTMENT RECRUITMENT AND DIGITAL MARKETING CAMPAIGN The Council authorized Staff to contract with Trespasser Productions for recruitment and digital marketing content.

8. VACATION OF PUBLIC UTILITY EASEMENT
The Council adopted Resolution No. 9149 - A Resolution Of The Oroville City Council Vacating A Public Utility Easement Adjacent To Olive Highway And Over Property Owned By Oroville Hospital (APN 013-260-081) In Oroville, California.

9. CONSIDER AND ADOPT THE SIDE LETTER AGREEMENTS BETWEEN THE CITY OF OROVILLE AND THE OROVILLE CITY EMPLOYEE’S ASSOCIATION, OROVILLE MANAGEMENT ASSOCIATION, OROVILLE POLICE OFFICER’S ASSOCIATION BOTH

SWORN AND NON-SWORN TO EXTEND MEMORANDUM OF UNDERSTANDINGS TO DECEMBER 31, 2023
The City Council adopted Resolution No 9161 - A Resolution Of The Oroville City Council Authorizing And Directing The Mayor To Execute A Side-Letter Agreement Between The City Of Oroville And The Oroville City Employees’ Association; And Adopted Resolution No 9162 - A Resolution Of The Oroville City Council Authorizing And Directing The Mayor To Execute A Side Letter Agreement Between The City Of Oroville And The Oroville Management Association; And Adopted Resolution No. 9163 - A Resolution Of The Oroville City Council Authorizing And Directing The Mayor To Execute A Side Letter Agreement Between The City Of Oroville And The Oroville Police Officers’ Association, Sworn And Non-Sworn.

10. FAA GRANT ACCEPTANCE FOR AIRPORT IMPROVEMENT PROGRAM (AIP) PROJECT NO. 3-06-0178-028-2023 AT OROVILLE MUNICIPAL AIRPORT AND STATE DEPARTMENT

OF TRANSPORTATION AIP MATCHING GRANT
The Council may consider accepting a $262,800 AIP Grant offer from the Federal Aviation Administration (FAA) for the Oroville Municipal Airport and a State Department of Transportation AIP Matching grant in the amount of $13,140 for the Airport Layout Plan Update by adopting Resolution No. 9164 and 9165.
88 Item 8.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 4 of 10

REGULAR BUSINESS

11. DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT ANNUAL BUDGET The Council received and approved the 2023-24 annual budget for the Downtown Oroville Business Improvement District (BID).

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

Absent: None
Abstained: None

12. PRESENTATION TO UPDATE COUNCIL ON THE MISSION ESPERANZA PALLET

SHELTER PROJECT
The Council received a presentation from Suzi Kochems, City Consultant, regarding the status of the Mission Esperanza Project.

13. REQUEST OF LOCAL FISCAL RECOVERY FUNDING TO SUBSIDIZE THE MISSION

ESPERANZA PROJECT
The Council authorized the allocation of $750,000 of Local Fiscal Recovery funding to subsidize the Mission Esperanza Project.

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

Absent: None
Abstained: Council Member Webber

14. CONTRACT WITH BUTTE CONSTRUCTION COMPANY FOR MISSION ESPERANZA

PALLET SHELTER DEVELOPMENT PROJECT
* Item pulled and will be discussed during an August meeting. 89 Item 8.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 5 of 10

15. 2023 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE APPLICATION

SELECTION
The Council received applications submitted by local non-profits for 2023 Community Development Block Grant (CDBG) Program application and voted to provide funding to the following local non-profit(s):

Council Thomson: Catalyst
Council Johnstone: Catalyst
Council Goodson: Catalyst and Oroville Rescue Mission
Vice Mayor Smith: Catalyst
Mayor Pittman: Catalyst
Motioned by: Council Member Goodson Motioned by: Vice Mayor Smith Ayes: Council Member(s) Johnstone, Thomson, Goodson, Vice Mayor Smith, Mayor Pittman Noes: None

Absent: None
Abstained: Council Member(s) Riggs and Webber

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

The City Council approved Resolution No. 9144- A Resolution Of The Oroville City Council Authorizing And Directing The Mayor To Sign And Accept The Proposal With Pisor Fence Division, Inc. Authorizing Pisor Fence Division, Inc To Complete The Proposed Fabrication And Installation Of A New Perimeter Fence Around Sank Park In The Amount Of $373,982.00 And A 10% Contingency In The Amount Of $37,398.20 Should Any Deficiencies Be Discovered During The Project and authorized and directed staff to sign and accept the proposal from Pisor Fence Division, Inc., authorizing the proposed fabrication and installation of a new perimeter fence around Sank Park, and a Change Order deleting the concrete curbing in the amount of $75,918.00, for a total amount of $373,982.00 (base bid) and a 10% contingency in the amount of $37,398.20 should any deficiencies be discovered during the project, for a total of $411,380.20.

Motioned by: Council Member Riggs Seconded by: Council Member Goodson Yes: Council Riggs, Council Goodson, Vice Mayor Smith, Mayor Pittman Ayes: Council Member(s) Riggs, Goodson, Vice Mayor Smith, Mayor Pittman Noes: Council Member(s) Johnstone, Thomson, and Webber

Absent: None
Abstained: None
90 Item 8.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 6 of 10

17. CITY INVESTMENTS
The Council adopted Resolution No. 9148 - A Resolution Authorizing The City Treasurer To Invest $5,000,000.00 In California Class Prime Fund, And $5,000,000 California Asset Management Trust, With Karolyn Fairbanks, City Treasurer; Ruth Duncan, Assistant City Administrator – Administrative Services; And Brian Ring, City Administrator As Signatories On The Account.

Resolution split into two: R-9166 and R-9148.

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

Absent: None
Abstained: None

18. FIRST REGULARLY SCHEDULED MEETING IN AUGUST 2023
Pursuant to the City Code, the Council will meet on the first and third Tuesday of each month.

The City Code also provides that the Council may “cancel, amend or alter the date, time and/or location of f any meeting provided sufficient notice of the meeting is given to the public to comply with the Brown Act.”
The first Tuesday of the month of August (August 1, 2023) falls on National Night Out. The Council gave consensus on having the meeting regularly and early, with a light agenda.

19. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, ZONES 2-3, 5, 7-10, 12, 14-15, 17 The Council adopted Resolution No. 9160 - A Resolution Of The City Council Initiating Proceedings, Preliminarily Approving The Annual Assessment Report And Declaring Its Intention To Levy And Collect Assessments For The Oroville Consolidated Landscape And Lighting Maintenance Assessment District For Fiscal Year 2023/24 and authorized any necessary budget adjustments to the Annual Assessment Report.

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

Absent: None
Abstained: None
91 Item 8.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 7 of 10

20. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, ZONES 1, 4, 6, 11, 13, 16, 18 The Council adopted Resolution No. 9154 - A Resolution Of The City Council Initiating Proceedings, Preliminarily Approving The Annual Assessment Report And Declaring Its Intention To Levy And Collect Assessments For The Oroville Consolidated Landscape And Lighting Maintenance Assessment District For Fiscal Year 2023/24 And Authorized Any Necessary Budget Adjustments To The Annual Assessment Report.

Motioned by: Council Member Riggs Seconded by: Council Member Goodson Ayes: Council Member(s) Riggs, Thomson, Goodson and Webber Noes: None

Absent: None
Abstained: Council Member Johnstone, Vice Mayor Smith, Mayor Pittman

21. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 3, 5, 9
The Council Adopted Resolution No. 9159- A Resolution Of The City Council Initiating Proceedings, Preliminarily Approving The Annual Assessment Report And Declaring Its Intention To Levy And Collect Assessments For The Oroville Consolidated Benefit Assessment District For Fiscal Year 2023/24 And Authorized Any Necessary Budget Adjustments To The Annual Assessment Report.

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

Absent: None
Abstained: Council Member Johnstone and Mayor Pittman
92 Item 8.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 8 of 10

22. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 1-2, 4, 6-8
The Council adopted Resolution No. 9155- A Resolution Of The City Council Initiating Proceedings, Preliminarily Approving The Annual Assessment Report And Declaring Its Intention To Levy And Collect Assessments For The Oroville Consolidated Benefit Assessment District For Fiscal Year 2023/24 And Authorized Any Necessary Budget Adjustments To The Annual Assessment Report.

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

Absent: None
Abstained: None

23. EMPLOYMENT CONTRACT AMENDMENT WITH AMY BERGSTRAND, DIRECTOR OF

BUSINESS AND HOUSING
The Council adopted Resolution No. 9150 – 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. 3407).

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

Absent: None
Abstained: None

24. EMPLOYMENT CONTRACT WITH J. PATRICK PIATT FOR POSITION OF DIRECTOR,

COMMUNITY DEVELOPMENT
The Council will adopted Resolution No. 9156 - A Resolution Of The Oroville City Council Authorizing And Directing The Mayor To Execute An Employment Agreement Between The City Of Oroville And J. Patrick Piatt.

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

Absent: None
Abstained: None
93 Item 8.

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 9 of 10

25. EMPLOYMENT CONTRACT WITH FREDERICK J. MAYO FOR POSITION OF DIRECTOR,

PUBLIC WORKS
The Council adopted Resolution No. 9157- A Resolution Of The Oroville City Council Authorizing And Directing The Mayor To Execute An Employment Agreement Between The City Of Oroville And Frederick J. Mayo.

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

Absent: None
Abstained: None

26. AMENDED AND RESTATED LEGAL SERVICES AGREEMENT WITH COLE HUBER, LLP The Council adopted Resolution No. 9158 - A Resolution Of The City Of Oroville Authorizing And Directing The Mayor To Execute An Amended And Restated Agreement With Cole Huber, LLP For City Attorney Legal Services – (Agreement No. 2004-6).

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

Absent: None
Abstained: None

July 18, 2023~4:00 PM Oroville City Council Meeting Minutes Page 10 of 10

27. FEATHER RANCH SUBDIVISION, INCLUDING EIR CERTIFICATION, GENERAL PLAN AMENDMENT GPA 23-01, ZONING CHANGE ZC 23-01 WITH ORDINANCE 1873, TENTATIVE SUBDIVISION MAP TSM 22-01, AND AN OVERRIDE OF THE BUTTE COUNTY AIRPORT LAND USE COMMISSION’S INCONSISTENCY DETERMINATION.

The City Council conducted a Public Hearing on the proposed project; adopted Resolution Nos. 9151, 9152, 9153 And Waived The First Reading And Approve Ordinance 1873 -- An Ordinance Of The City Council Of The City Of Oroville Approving Zoning Change ZC 23-01 To Rezone One Parcel Of Approximately 45 Acres Of Land (APN 030-230-098) From Airport Business Park- Airport Influence Overlay (APB--AIO) To Single Family Residential (R-1) Once Tentative Map TSM 22-01 For The Proposed Feather Ranch Subdivision Is Approved.

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

Absent: None
Abstained: Council Member Johnstone
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.

The following member(s) of the public submitted Public Comment on this item: Rodney; Micheal Lewis Arthur Meyer; Bill Speer; The CameraMan.

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Future Agenda Items
Council Johnstone: Would like the city to recognize PeeWee Curiel as he did an amazing job out at the airport and a lot for the community.

2. Correspondence
. PG&E Notice of PG&E increase rates.(A.26-06-008)
. Grand Jury Report

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on August 1, 2024 at 4:00 p.m.

ATTESTED: APPROVED:
_________________________________ _____________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 95 Item 8.

August 01, 2023~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
August 01, 2023

MEETING MINUTES
This meeting was recorded live and can be viewed at cityoforoville.org or on YouTube. The agenda was posted on July 28, 2023, at 12:05pm.

CALL TO ORDER / ROLL CALL
Mayor Pittman: Opened Session at 4pm

Present: Council Members(s) Johnstone, Riggs, Thomson, Vice Mayor Eric Smith, Mayor David Pittman

Absent: Council Member(s) Webber and Goodson

OPEN SESSION

1. Pledge of Allegiance- Vice Mayor Smith Led Pledge of Allegiance

2. Adoption of Agenda – Motioned by Vice Mayor Smith and Seconded by Council Member Riggs
AYES: Council Member(s) Johnstone, Riggs, Thomson, Vice Mayor Smith, Mayor Pittman NOES: NONE
ABSTAIN: NONE
ABSENT: Council Member(s) Webber, Goodson
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.

Non-Agenda Item:

Speaker 1: Sean Reese
Speaker 2: Amy Jernigan
Speaker 3: Bill Speer
Speaker 4: The CameraMan
96 Item 8.

August 01, 2023~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

REPORTS / DISCUSSIONS

1. Council Announcements and Reports
Mayor Pittman – Ribbon cutting for a Beautification Project and LaMalfa was able to secure another 2 million dollars in funding for improvementa and upgrade of the SCOR plant.

Council Member Johnstone – Recognized Officer Mindy, as she is doing a wonderful job.

2. Administration Reports
Brian Ring, City Administrator - Introduce Fred Mayo, Public Work Director; New Community Development Director starting soon and a New City Clerk coming on as Jackie Glover is leaving.

CONSENT CALENDAR
Motioned by Vice Mayor Smith Seconded by Council Member Riggs AYES: Council Member(s) Johnstone, Riggs, Thomson, Vice Mayor Smith, Mayor Pittman NOES: NONE
ABSTAIN: NONE
ABSENT: Council Member(s) Webber, Goodson

1. TEMPORARY ALLOCATION OF SECOND ASSISTANT CITY CLERK POSITION Approved the temporary allocation of a second Assistant City Clerk position.

2. MEMORANDUM OF UNDERSTANDING WITH OROVILLE UNION HIGH SCHOOL DISTRICT

FOR SCHOOL RESOURCE OFFICER
Adopted Resolution No. 9167 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE OROVILLE UNION HIGH SCHOOL DISTRICT FOR A FULLTIME SCHOOL RESOURCE OFFICER FOR THE 2023/2024, 2024/2025, and 2025/2026 SCHOOL YEARS– (Agreement No. 3252-2).

Public Speaker 1: The Camera Man

3. MEMORANDUM OF UNDERSTANDING WITH THERMALITO UNION ELEMENTARY

SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER
Adopted Resolution No. 9168- A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A MEMORANDUM OF

UNDERSTANDING WITH THE THERMALITO UNION ELEMENTARY SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES FOR 2023/2024, 2024/2025, AND 2025/2026 SCHOOL YEARS– (Agreement No. 3254-2).

4. VEHICLE PURCHASES
Approved the purchase of (1) 2023 F150 Super Cab 4x4 and (1) 2023 Ford Escape from Oroville Ford.
97 Item 8.

August 01, 2023~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

REGULAR BUSINESS

5. SERVICES AGREEMENT WITH SUTTER BUTTES FLOOD CONTROL AGENCY Approved a Services Agreement with SBFCA.

Motioned by Vice Mayor Smith Seconded by Council Member Riggs AYES: Council Member(s) Johnstone, Riggs, Thomson, Vice Mayor Smith, Mayor Pittman NOES: NONE
ABSTAIN: NONE
ABSENT: Council Member(s) Webber, Goodson

6. CONTRACT WITH BUTTE CONSTRUCTION COMPANY FOR MISSION ESPERANZA

PALLET SHELTER DEVELOPMENT PROJECT
Amy Bergstrand, Housing Director – Presentation to approve the resolution with butte Construction and additional items as funding becomes available. Annie is presented upon request.

Approved Res. No. 9172 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND ACCEPT THE PROPOSAL

WITH BUTTE CONSTRUCTION COMPANY, AND AUTHORIZING BUTTE CONSTRUCTION COMPANY TO COMPLETE THE PROPOSED Mission Esperanza Project IN THE AMOUNT OF $1,968,000 and a 10% contingency in the amount of $196,800 (total $2,164,800) should any deficiencies be discovered during the project.

Motioned by Council Riggs Seconded by Mayor Pittman
AYES: Council Member(s) Johnstone, Riggs, Thomson, Vice Mayor Smith, Mayor Pittman NOES: NONE
ABSTAIN: NONE
ABSENT: Council Member(s) Webber, Goodson

7. OROVILLE CHAMBER OF COMMERCE ANNUAL BBQ
Authorized Staff to purchase one table for the City at the 2023 annual BBQ.

8. ANNUAL SPECIAL TAX FOR THE CITY’S COMMUNITY FACILITIES DISTRICT NO. 2006-1 (WESTSIDE PUBLIC SAFETY FACILITIES) AND DISTRICT NO. 2006-2 (PUBLIC SAFETY SERVICES) FOR FISCAL YEAR 2023/24
Adopted Resolution No. 9170 - A RESOLUTION OF THE CITY COUNCIL ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-1, WESTSIDE PUBLIC SAFETY FACILITIES, FOR FISCAL YEAR 2023/24 Adopted Resolution No. 9171 - A RESOLUTION OF THE CITY COUNCIL ESTABLISHING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2006-2, PUBLIC SAFETY SERVICES, FOR FISCAL YEAR 2023/24
98 Item 8.

August 01, 2023~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5 Motioned by Vice Mayor Smith Seconded by Council Member Riggs AYES: Council Member(s) Riggs, Thomson, Vice Mayor Smith, Mayor Pittman NOES: NONE
ABSTAIN: NONE
ABSENT: Council Member(s) Webber, Goodson
RECUSABLE: Council Member Johnstone

9. ANNUAL SANITARY SEWER SERVICE TO BE LEVIED ON THE 2023-24 TAX ROLL Adopted Resolution No. 9169 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

CERTIFYING TO THE COUNTY OF BUTTE THE VALIDITY OF THE LEGAL PROCESS USED

TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY FOR FISCAL YEAR 2023–24 SEWER SERVICE CHARGES Motioned by Council Member Thomson Seconded by Council Member Riggs AYES: Council Member(s) Johnstone, Riggs, Thomson, Vice Mayor Smith, Mayor Pittman NOES: NONE
ABSTAIN: NONE
ABSENT: Council Member(s) Webber, Goodson
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.

NONE

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. ANNUAL USE OF “MILITARY EQUIPMENT” AS DEFINED IN THE OROVILLE MUNICIPAL CODE REPORT.

Bill LaGrone, Police Chief – Notification to the public. Hearing the report will be on the next council meeting, comment or concern will be accept during the next meeting. 99 Item 8.

August 01, 2023~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on August 15, 2023 at 4:00 p.m.

ATTESTED: APPROVED:
_________________________________ _____________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 100
Item 8.

October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
October 17, 2023

MEETING MINUTES
This agenda was posted on October 13, 2023. This meeting was recorded and may be viewed at Cityoforoville.org or on YouTube.

CALL TO ORDER / ROLL CALL
Mayor Pittman called meeting to order at 4:30pm
PRESENT: Council Member(s)Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman

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

1. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: James v. City of Oroville, et al., United States District Court, Eastern District of California, Case No. 2:23-CV-00215.

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

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

OCEA, OPA Sworn, OPA Non-Sworn, and OMCA.

OPEN SESSION

1. Announcement from Closed Session - Direction given- No action taken.

2. Pledge of Allegiance – Led by Ophir Elementary School students

3. Adoption of Agenda – Motioned by Council Member Goodson; Seconded by Mayor Pittman
AYES: Council Member(s) Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
101
Item 8.

October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 2 of 5

PRESENTATIONS AND PROCLAMATIONS
None this meeting.

Speaker 1: Claudia
Speaker 2: Spencer
Speaker 3: Bill Speer

REPORTS / DISCUSSIONS

1. Council Announcements and Reports
Mayor Pittman – Expressed thank you to Dr. H and the Oroville Lights Project; the Feather Falls Tribal Council came to the Rotary meeting and made a substantial contribution to that project. Art commission rewards a large amount of the sum for the project. Hmong New Year at Nelson school went well, and everyone hard work and contributed.

Council Member Johnstone – Commented on the Hmong New Year, it was a wonderful event. She stated it was an honor to be part of the VIP and to be invited. Encouraged everyone to attend the Hmong New Year next year.

Vice Mayor Smith –Commented on Public Safety and equipment.

2. Administration Reports
Ron Belser, Code Enforcement Director – Still working with IT to get the Code Enforcement annual report onto web page.

CONSENT CALENDAR
Motioned by Council member Goodson Seconded by Mayor Pittman AYES: Council Member(s) Johnstone, Riggs, Thomson, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
102
Item 8.

October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 3 of 5

1. Approval of the October 3, 2023 Oroville City Council Meeting Minutes APPROVED THE MINUTES OF OCTOBER 3, 2023.

2. Ladder Truck Repair Work Budget Adjustment
APPROVED SUPPLEMENTAL BUDGET ADJUSTMENT OF $35,735.49 AND AUTHORIZE PAYMENT OF INVOICE TO HI-TECH EVS, INC FOR LADDER TRUCK REPAIRS.

3. State Route 70 Clean California – Caltrans Cooperative Agreement and Art Maintenance Agreement

APPROVED AND SIGNED THE TRANSPORTATION ART COOPERATIVE

AGREEMENT AND THE TRANSPORTATION ART MAINTENANCE AGREEMENT FOR CALTRANS REVIEW AND APPROVAL.

4. Donation to the Lott Home

ACKNOWLEDGED RECEIPT OF THE DONATIONS FOR THE LOTT HOME AND ACCEPTED THE DONATIONS.

5. Donations to the Chinese Temple (1/2)

ACKNOWLEDGED RECEIPT OF THE DONATIONS FOR THE CHINESE TEMPLE AND ACCEPTED THE DONATIONS.

6. Museum Donation to the Chinese Temple (2/2)

ACKNOWLEDGED RECEIPT OF THE DONATIONS FOR THE CHINESE TEMPLE AND ACCEPTED THE DONATIONS.

7. Museum Donation to Bolt's Antique Museum
ACKNOWLEDGED RECEIPT OF THE DONATIONS FOR THE BOLT’S ANTIQUE TOOL MUSEUM AND ACCEPTED THE DONATIONS.

8. Approval Of the CalRecycle HD39:2022-2023 Household Hazardous Waste Education Grant 2022-2023 Through Fiscal Year 2024-2025
ADOPTED RESOLUTION NO. 9187 – APPROVAL OF THE CALRECYCLE HD39:2022-2023 HOUSEHOLD HAZARDOUS WASTE EDUCATION GRANT 2022-2023 THROUGH FISCAL YEAR 2024-2025.

9. Approval of the CalRecycle Fiscal Year 2022-2023 Through Fiscal Year 2025-2025 CalRecycle OWR4: 2022-23SB 1383 Support Grant
ADOPTED RESOLUTION NO. 9188 – APPROVAL OF THE CALRECYCLE FISCAL YEAR 2022-2023 THROUGH FISCAL YEAR 2025-20256 CALRECYCLE OWR4: 2022-23SB 1383

SUPPORT GRANT

10. Approval of the CalRecycle 2023 Tire Amnesty Grant Fiscal Years 2023/2024, 2024/2025 and 2025/2026
ADOPTED RESOLUTION NO. 9190 – APPROVAL OF THE CALRECYCLE 2023 TIRE AMNESTY GRANT FISCAL YEAR 2023/2024, 2024/2025, and 2025/2026. 103
Item 8.

October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 4 of 5

11. Approval of the RBC34: 2022-2023 CalRecycle Beverage Container Grant ADOPTED RESOLUTION NO. 9189 – APPROVAL OF THE RBC34: 2022-2023 CALRECYCLE BEVERAGE CONTAINER GRANT.

REGULAR BUSINESS
None this meeting.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items
Council Johnstone – Would like to have Brian Ring give update from FBO or Cody in regard to what has been going on at the Airport.

2. Correspondence
i. - 3rd Quarter newsletter pamphlet received
ii. - Correspondence Received from Secretary of the Senate 104
Item 8.

October 17, 2023~3:30 PM Oroville City Council Meeting Agenda Page 5 of 5

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on November 11, 2023 at 4:00 p.m.

ATTESTED: APPROVED:
_________________________________ _____________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 105
Item 8.

July 16, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 9

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
July 16, 2024

MEETING MINUTES
This Agenda was posted on July 12, 2024. This meeting was recorded and may be viewed at Cityoforoville.org or on Youtube.

CALL TO ORDER / ROLL CALL
Mayor Pittman opened the meeting at 4PM.

PRESENT: Council Member(s) Tracy Johnstone, Scott Thomson, Shawn Webber, Janet Goodson, Krysi Riggs, Vice Mayor Eric Smith, Mayor David Pittman

CLOSED SESSION
The Council held 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

OPEN SESSION

1. Announcement from Closed Session - No action taken.

2. Pledge of Allegiance – Led by Council Member Riggs

3. Adoption of Agenda –
Motioned by Vice Mayor Smith Seconded by Council Member Riggs AYES: Council Member(s) Johnstone, Webber, Thomson, Riggs, Goodson, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
106
Item 8.

July 16, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 9

PRESENTATIONS AND PROCLAMATIONS

1. CERTIFICATE OF APPRECIATION TO THE CITY OF OROVILLE FROM BUTTE COUNTY

PUBLIC HEALTH
Erin Cox from Butte County Public Health presented this item.

Butte County Public Health presented the City of Oroville with a Certificate of Appreciation for the City's partnership in tackling the most recent Shigella outbreak in the community.

2. SR162 PEDESTRIAN/BICYCLIST/DISABLED MOBILITY AND SAFETY IMPROVEMENTS

PROJECT
Moji of Ghirardelli & Associates, and Fred Mayo, Director of Public Works presented this item to the Council.

The City Council was briefed on the status of the SR-162 Safety Improvement Project.

Speaker 1 : TheCameraMan
Speaker 2 : Bill Speer
Speaker 3 : Bryan Williams

REPORTS / DISCUSSIONS

1. Council Announcements and Reports
Council Member Thomson: Thanked CalFire for their work with the Thompson fire.

Council Member Webber: Thanked all responding agencies that worked to control the fire and assist the public in need. Recognized Council Member Johnstone and her efforts as well.

Vice Mayor Smith: Mosquito Vector Control Board – West Nile reported in Butte County.

Council Member Goodson: Spoke on election coming up.

Mayor Pittman: Spoke on letter from Pioneer School District re: Increase in fees.

2. Administration Reports
Fred Mayo, Public Works Director: Provided update Re: New Museum Curator – Statistics given re: Dept Statistics.

Brian Ring, City Administrator: Thanked everyone re: Apache and Thompson fire: spoke on Big Boy turnout: spoke on heatwave; provided a Convention Center update.

Amy Bergstrand, Business Assistance and Housing Director: Handout provided with most recent housing stats.
107
Item 8.

July 16, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 9 Ruth Duncan, Finance Director: First Payroll with new software- gave kudos to the finance team.

CONSENT CALENDAR
Motioned by Council Member Goodson Seconded by Council Member Riggs AYES: Council Member(s) Johnstone, Webber, Thomson, Riggs, Goodson, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

1. JOB DESCRIPTION EDITS TO ACCOUNTING MANAGER POSITION

COUNCIL APPROVED THE EDITS TO THE JOB DESCRIPTION FOR ACCOUNTING MANAGER.

2. REQUEST TO OPERATE BUSINESS OUT OF RESIDENCE
APPROVED MS. MILLS’ REQUEST TO OPERATE A NONMEDICAL EMERGENCY TRANSPORTATION BUSINESS FROM HER HOME.

3. PROFESSIONAL SERVICES AGREEMENT WITH LINDGREN’S CANINE CONSULTATION

SERVICES
APPROVED A PROFESSIONAL SERVICES AGREEMENT WITH LINDGREN’S CANINE

CONSULTING SERVICES FOR MONTHLY BASIC POLICE SERVICE DOG PROFICIENCY MAINTENANCE TRAINING.

4. APPROVAL OF CITY COUNCIL MEETING MINUTES
APPROVED MINUTES AND AUTHORIZE THE MAYOR TO SIGN.

July 16, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 9 Mayor Pittman opened Public Hearing at: 5:30 PM and closed it at 5:45 PM

5. PUBLIC HEARING 2024 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION THE COUNCIL APPROVED SUBMITTAL OF THE 2024 COMMUNITY DEVELOPMENT

BLOCK GRANT (CDBG) APPLICATION, CDBG PROGRAM INCOME, AND TO SOLICIT INPUT AND COMMENTS FROM THE CITIZENS OF OROVILLE; AND
ADOPTED RESOLUTION NO. 9287-A RESOLUTION APPROVING AN APPLICATION FOR

FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2024 FUNDING YEAR OF THE STATE CDBG PROGRAM.

Motioned by Council Member Thomson Seconded by Council Member Goodson AYES: Council Member(s) Johnstone, Webber, Thomson, Riggs, Goodson, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

REGULAR BUSINESS

6. APPROVE SUBMISSION OF A LETTER OF INTEREST AND DIRECTION TO EXPLORE A

FUTURE AGREEMENT WITH PIONEER COMMUNITY ENERGY

DIRECTED STAFF TO SIGN AND SUBMIT TO PCE THE ATTACHED LETTER OF INTEREST

AND CONTINUE DISCUSSION WITH PCE UNTIL SUCH A TIME AS IS APPROPRIATE TO RETURN TO COUNCIL FOR FURTHER ACTION.

Motioned by Council Member Goodson Seconded by Vice Mayor Smith AYES: Council Member(s) Johnstone, Webber, Thomson, Riggs, Goodson, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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July 16, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 9

7. DISCONTINUANCE OF FLUORIDATION OF DOMESTIC WATER PROVIDED BY

CALIFORNIA WATER SERVICE COMPANY TO CITY OF OROVILLE
ADOPTED RESOLUTION AND AUTHORIZED THE MAYOR TO SIGN.

Motioned by Council Webber Seconded by Council Member Goodson AYES: Council Member(s) Johnstone, Webber, Thomson, Goodson, Vice Mayor Smith, Mayor Pittman
NOES: Council Member Riggs
ABSTAIN: NONE
ABSENT: NONE

8. COMMUNITY MEMBER APPOINTMENTS TO VARIOUS COMMITTEES AND COMMISSIONS

APPOINTED CHRIS HIX TO THE PARKS COMMISSION WITH A TERM THAT EXPIRES ON JUNE 30, 2028; AND

APPOINTED JOHN ZILICH II AND SOR THAO, AND REAPPOINT NATALIE SHEARD AND

GLENN ARACE TO THE PLANNING COMMISSION ALL WITH TERMS THAT EXPIRE ON JUNE 30, 2028.

Motioned by Council Member Goodson Seconded by Council Member Riggs AYES: Council Member(s) Johnstone, Webber, Thomson, Riggs, Goodson, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

9. PLACEMENT OF SOLID WASTE LIENS ON THE 2024-25 PROPERTY TAX ROLL ADOPTED RESOLUTION NO. 9292 – A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING DIRECT ASSESSMENT FOR DELINQUENT SOLID WASTE LIENS ON THE 2024- 2025 PROPERTY TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY.

Motioned by Vice Mayor Smith Seconded by Council Member Goodson AYES: Council Member(s) Johnstone, Webber,Thomson, Riggs, Goodson, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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10. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 1, 2, 4, 6-8

1. ADOPTED RESOLUTION NO. 9288 - A RESOLUTION OF THE CITY COUNCIL INITIATING

PROCEEDINGS, PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE CONSOLIDATED BENEFIT ASSESSMENT DISTRICT FOR FISCAL YEAR 2024/25; AND

2. AUTHORIZED ANY NECESSARY BUDGET ADJUSTMENTS TO THE ANNUAL ASSESSMENT REPORT. IT IS PROPOSED THAT THERE BE NO ASSESSMENTS CHARGED TO PROPERTIES WITHIN THE CBAD FOR FISCAL YEAR 2024/25 DUE TO A MINIMAL AMOUNT OF EXPENDITURES THROUGH THE PREVIOUS YEAR.

11. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED BENEFIT ASSESSMENT DISTRICT, ZONES 3, 5, 9

1. ADOPTED RESOLUTION NO. 9289 - A RESOLUTION OF THE CITY COUNCIL INITIATING

PROCEEDINGS, PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE CONSOLIDATED BENEFIT ASSESSMENT DISTRICT FOR FISCAL YEAR 2024/25; AND

Motioned by Council Goodson Seconded by Council Member Riggs AYES: Council Member(S) Thomson, Webber, Riggs, Goodson, Vice Mayor Smith NOES: NONE
ABSENT: NONE
ABSTAINED: COUNCIL MEMBER JOHNSTONE, MAYOR PITTMAN
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12. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS, ZONES 1, 4, 6, 11, 13, 16, 18

1. ADOPTED RESOLUTION NO. 9290 - A RESOLUTION OF THE CITY COUNCIL INITIATING

PROCEEDINGS, PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE

CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2024/25; AND

2. AUTHORIZED ANY NECESSARY BUDGET ADJUSTMENTS TO THE ANNUAL ASSESSMENT REPORT.

Motioned by Council Member Thomson Seconded by Council Member Riggs AYES: Council Member(s) Thomson, Webber, Riggs, Goodson NOES: NONE
ABSENT: NONE
ABSTAINED: Council Member Johnstone, Vice Mayor Smith, Mayor Pittman

13. ANNUAL ASSESSMENTS FOR THE CITY’S CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICTS, ZONES 2, 3, 5, 7-10, 12, 14, 15, 17

1. ADOPTED RESOLUTION NO. 9291 - A RESOLUTION OF THE CITY COUNCIL INITIATING

PROCEEDINGS, PRELIMINARILY APPROVING THE ANNUAL ASSESSMENT REPORT AND

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE OROVILLE

CONSOLIDATED LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 2024/25; AND

2. AUTHORIZED ANY NECESSARY BUDGET ADJUSTMENTS TO THE ANNUAL ASSESSMENT REPORT.

Motioned by Council Member Goodson Seconded by Council Member Webber AYES: Council Member(s) Thomson, Webber, Riggs, Goodson, Johnstone, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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14. ANNUAL SANITARY SEWER SERVICE TO BE LEVIED ON THE 2024-25 TAX ROLL ADOPTED RESOLUTION NO. 9293 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

CERTIFYING TO THE COUNTY OF BUTTE THE VALIDITY OF THE LEGAL PROCESS USED

TO PLACE DIRECT CHARGES (SPECIAL ASSESSMENTS) ON THE SECURED TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY FOR FISCAL YEAR 2024–25 SEWER SERVICE CHARGES Motioned by Council Member Riggs Seconded by Council Member Goodson AYES: Council Member(s) Thomson, Webber, Riggs, Goodson, Johnstone, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

15. LETTER OF SUPPORT IN MARYSVILLE'S DISASTER DECLARATION

DIRECTED STAFF TO WRITE LETTER TO THE STATE IN SUPPORT OF DECLARING A STATE OF EMERGENCY FOR THE CITY OF MARYSVILLE.

Motioned by Council Member Goodson Seconded by Council Member Johnstone AYES: Council Member(s) Thomson, Webber, Riggs, Goodson, Johnstone, Vice Mayor Smith, Mayor Pittman
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

None

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items
Vice Mayor Smith: Feeding cat problem by the Levi, would like it to be addressed.

Council Member Goodson: Would like an update on the Gateway Project.

Council Webber: Preferred local contractor Ordinance review.

Council Riggs: Fireworks
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July 16, 2024~4:00 PM Oroville City Council Meeting Agenda Page 9 of 9 Bill Speer commented on this item.

2. Correspondence
i. Pioneer Union Elementary Notice
ii. Petition to Council
iii. Butte County Mosquito- Notice

ADJOURN THE MEETING
The meeting will be adjourned 6:57PM. A regular meeting of the Oroville City Council will be held on August 6, 2024 at 4:00 p.m.

ATTESTED: APPROVED:
_________________________________ _____________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 114
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: PAT PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: TWO-YEAR CONTRACT WITH VERDIN MARKETING TO CREATE AND IMPLEMENT OROVILLE’S COMMUNITY PRIDE AND ECONOMIC

DEVELOPMENT MARKETING PLAN
DATE: AUGUST 6, 2024

SUMMARY
A proposed two-year marketing contract with Verdin Marketing (Verdin) for $100,000 per year to implement the approved marketing strategy, plus up to $25,000 per year for optional tasks is being recommended by staff.

DISCUSSION
In September 2023 the Council approved the research and basic marketing strategy laid out by North Star Place Branding. The strategy and branding plan seeks to accurately portray and promote the city and region while at the same time resonating with residents, visitors and businesses. The three targeted focus areas are:

1. Enhance community pride

2. Promote the City as a premier destination for tourism

3. Attract development housing and job creation
On January 9, 2024, staff issued a Request for Proposal (RFP) for marketing services and received 18 responses. The Creative Team (Team), comprised of three Council members and 4 staff, reviewed each proposal and determined that four best met the desired criteria and were invited to provide presentations to the Team. Using objective criteria including the proposal, presentation, and cost, the Team chose Verdin Marketing.

Verdin proposed three levels of service with costs commensurate with each level. To keep costs low and maximize services, staff request a blended approach between the conservative and moderate level. By capitalizing on current efforts being made by in house staff in the areas of economic development and the efforts by Explore Butte County, staff has proposed that Verdin provide collateral to assist efforts in those areas and provide additional content not otherwise included in the conservative plan for at least the first of the two-year period.

Specifically, Verdins approach will be the following:
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 Spend 1-3 months ‘onboarding’ by absorbing North Star’s thorough research, connecting with key stakeholders, and developing a refined action plan, schedule, and budget. Estimated cost $30,000
 Collaboration with staff for specific outreach to the three areas of focus over the remaining two-year period.
 Staff anticipate 50% of the first-year cost following the onboarding period, would be dedicated to internal branding with the goal of creating a more positive image and an increased sense of community worth. Estimated costs $35,000  25% of the anticipated first-year cost would be dedicated to each of the areas of community development and to tourism. Estimated at $17,500 each.

Lastly, the Team recommends that Community Development Director (Pat Piatt) be named as the “Brand Leader” to lead the city’s effort, to be backed up by two staff members of the creative team.

FISCAL IMPACT
The FY 2024/25 and 2025/26 budgets not to exceed $125,000 each would be appropriated for this contract from the General Fund.

RECOMMENDATION
Approve the proposed two-year contract with Verdin Marketing, including:
a. A two-year marketing plan @ $100,000 per year.
b. Authorizing the City Administrator to approve up to $25,000 per year for additional services if recommended by the Creative Team.
c. An option to extend the contract with Verdin for up to two additional years with Council approval.

ATTACHMENTS

1. Attachment A: Verdin February 15, 2024 Proposal and Budget with cover outline;

2. Attachment B: Proposed two-year budget; and

3. Agreement 3514- Draft professional services contract with Verdin. 116
Item 9.

February 15, 2024
City of Oroville
Proposal for
Marketing
Services
117
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Mary Verdin
President & CEO
[email protected] | (805) 541-9005
P.O. Box 3060, San Luis Obispo, CA 93403
DBE Firm No. 42625
CSDA Members
At Verdin, we are passionate about transforming communities through actionable strategies that drive tangible results. As we envision the future of Oroville, we are eager to move into the next phase of the robust brand buildout: laying down the groundwork for a dynamic brand implementation that resonates deeply within the community. With a rich history of crafting compelling and impactful brands for diverse destinations, our team stands ready to bring our expertise and dedication to your city's economic growth initiatives.

Building upon the momentum generated by your recent branding efforts and strategic groundwork, we aim to harness this energy and translate it into meaningful action.

Leveraging our extensive experience in business improvement district marketing, we are uniquely positioned to address the multifaceted needs outlined in your Request for Proposal, spanning Residential, Commercial, and Industrial Development, Tourism and Visitor Attraction and Building Community Pride.

We commend the comprehensive research and groundwork undertaken with North Star, which has laid a solid foundation for Oroville's brand evolution. By aligning our professional insights and data-driven approach with your existing plans, we envision a comprehensive marketing strategy that propels Oroville towards a future of prosperity and vitality.

We are eager to collaborate closely with your team, leveraging our collective expertise to drive the success of Oroville's brand transformation. Together, let us seize the opportunity to shape a vibrant future for Oroville that resonates with residents, businesses and visitors alike.

Thank you for considering Verdin as your partner in this exciting journey. We eagerly anticipate the opportunity to contribute to the enduring success of Oroville's brand identity. 2 Table of Contents
Letter of Introduction 3
Let’s Talk About You 5
Our Process: The Verdin 360 11
Proposed Scope of Work & Budget 13
What We Do 16
Our Team 26
Let’s take the City
of Oroville to the
next level,
launching the new
brand identity to
new heights with
actionable strategy.
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3 What Sets Us Apart
Integrity-Based Marketing
Integrity is a principle that has guided our agency since its founding. Verdin believes in detailed and transparent reporting, and we will include as much detail on our invoicing as you want to see. We don’t feign perfection in situations where improvements can be made. Instead, we make recommendations and constantly improve outreach efforts so results keep getting better.

Creative Rooted in Strategy
Research into the lifestyles, behaviors and desires of your target audience guides our creative team to develop advertising messages that resonate. Our team makes strategic recommendations and works with you to craft campaigns that embody your brand and what it promises — and you’ll have a lot of fun
with us along the way.

Experience & Expertise Working with Cities and Destinations One of Verdin’s strengths as a full-service marketing and advertising firm is positioning the desirable attributes of a community to create a sense of place.

Our team knows how to build awareness among a range of audiences through compelling creative. We know how to build consensus among multiple stakeholder audiences with different needs, and we also enjoy collaborating with clients and partners. We are dedicated to transparency and providing clear communication and information at all times.

Names We Stand Behind
119
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Opportunities
Let’s Talk
About You
4 120
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5 Oroville is a work in progress,
And like any work in progress, you need to have the
right tools at your disposal to get the job done.

You are already laying strong foundations for economic
development and increased local love. Now we just
need to make sure that those foundations are
providing the legs to meet your goals. We are big fans
of the recent rebrand, and we think that the sooner
you can get it into people’s hands - and hearts - the
better.

That’s why we wanted to give you a head start and
create this unique fact sheet in your new brand that
will serve as a helpful tool when speaking to potential new businesses or residents.

Download
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6 Scope of Work
The draft consultant contract and insurance requirements are acceptable to our firm as is. We are looking forward to the possibility of supporting the City of Oroville and diving into the following areas.

DEVELOPMENT
Residential Development:

Verdin would conduct targeted outreach to single- and multi-family market rate housing developers, aligning with the city's focus on market-rate housing. Collaboration with stakeholders would ensure the development meets Oroville's growth objectives while leveraging existing affordable housing initiatives. Our approach would emphasize quality, sustainability and community integration, fostering vibrant residential neighborhoods that attract residents and investors alike.

Industrial Recruitment:

We would implement a robust industrial recruitment strategy, targeting biomass and wood processors, energy companies and other enterprises poised to capitalize on Oroville's abundant natural resources. Through targeted outreach and promotion of Oroville's industrial advantages—such as ample land, robust infrastructure and favorable utilities—we would attract diverse industries to the region. Leveraging updated data and insights to tailor our approach, we would ensure alignment with current market trends and opportunities.

Commercial Investment:

Our marketing efforts would extend to commercial investment, encompassing advertising in relevant media, direct mail campaigns and participation in trade shows dedicated to recruiting industry, retail, hospitality, small businesses and office investments. With a focus on showcasing Oroville's unique selling points and investment opportunities, we would position Oroville as an attractive destination for commercial ventures. Our collateral materials would further reinforce Oroville's appeal, providing investors with compelling insights and resources to support their decision-making process.

Image Building and Collateral Development:

We would aid in the development of an image library and collateral materials tailored to Oroville's target markets, enhancing marketing efforts across various platforms. Through captivating visuals and impactful messaging, we would successfully showcase Oroville's strengths and opportunities, fostering positive perceptions and driving interest among investors and stakeholders. 122
Item 9.
7 TOURISM
Optimizing Partnerships:

The first step would be to assess Oroville's contributions to its existing visitor attraction partners and identify areas for improvement. By conducting surveys and research, we’d glean valuable insights into current perceptions and opportunities for collaboration. Our comprehensive plan, crafted with a keen understanding of Oroville's unique strengths and challenges, will aim to foster stronger relationships and ensure alignment with shared objectives.

Developing Compelling Materials:

Building on insights from previous branding consultations, we would develop captivating visitor attraction materials that resonate with target audiences.

These promotional campaigns would utilize cutting-edge advertising and social media strategies to amplify Oroville's appeal. By harnessing the power of storytelling and visual imagery, we’d create a compelling narrative that showcases Oroville's diverse attractions and experiences.

COMMUNITY PRIDE
Engaging Outreach:

We would work with the City of Oroville staff to collaborate closely with schools, civic organizations, professional associations and nonprofits in Oroville and the surrounding region. Through focus groups and meetings, we'd craft compelling messaging that resonates with the community's values and aspirations.

Community Engagement:

Drawing from our extensive experience, our team would develop activities and programs that inspire community engagement. By leveraging successful strategies from past projects, our team would create unique initiatives that encourage participation and foster positive perceptions of Oroville.

Collateral Materials:

An important aspect of connecting locals to the brand is to provide a suite of collateral materials focused on building community pride. From toolkits and logo lockups to posters, flyers and social media assets, we would assist in the buildout of these materials to equip residents and partners with the tools they need to share their pride in Oroville. Additionally, we'd provide guidance on effective messaging and hashtags to amplify community pride online.

Local Advertising and Public Service Announcements:

Our team would craft local advertising and public service announcements highlighting stories of success and heroism within the Oroville community.

Working closely with our paid media experts, we would develop a targeted media plan to ensure these narratives reach their intended audience effectively. 123
Item 9.

The City of Oroville knows exactly what it brings to the table.

You did the research, and we know that Oroville is proud to be a place where people belong, along the water.

Let’s bring that story to life, using tried and true strategies to launch the vision into reality. Here is our approach to the action items. ● Brand Leader: Because establishing a new brand requires dedicated time and an expert awareness of the destination, we would recommend assigning a staff member to this position. Your brand leader should be knowledgeable about Oroville and well connected in the community. He or she will act as the liaison between the selected contractor and the City Council, along with other local partners, businesses and organizations, such as Explore Butte County, Chamber, Downtown Oroville and Oroville Economic Alliance. ● Branded PowerPoint Presentations: North Star provided clear and helpful guidelines for what content to present and how to ensure each presentation has a lasting impact on different audiences in the community. We would build on that direction by creating three distinct branded decks, focused specifically on the areas mentioned in the RFP - Economic Development, Tourism and Community Outreach. By narrowing the content and making it niche to each key audience, the overall message and branding efforts will more strongly resonate. ● Identify Consumer Touchpoints: As determined in the action plan presented to City Council, maintaining and organizing a list of necessary touchpoints that require a branded element is essential to developing brand trust and recognition for Oroville. In addition to assigning the brand manager to expand upon the current list and filter into priority levels, we would develop a robust timeline and estimates to assure a timely rollout. Additionally, we would provide strategic consideration and execution tips for each piece (e.g., where to distribute for maximum value, talking points for collateral pieces placed in local businesses, etc.). ● Branded Merchandise: We have extensive experience with design and development of branded merchandise for several destination clients, and we understand the importance of creating quality pieces to expand the visual recognition of the brand. North Star included a robust list of merchandise that aligns with the Oroville brand promise and the overall offerings of the community. To ensure a realistic and effective rollout, we would also recommend choosing three to five of the most widely popular pieces, designing them within the brand identity and assisting with a distribution plan.
● Digital and Social Media: Engaging audiences through the digital and social media landscape is imperative, and using these platforms as an opportunity to showcase the new branding will lead to increased recognition and trust. We see a few options for this - depending on the scope of work, our team would recommend either of the following:
○ Creation of customizable social media templates in a shared design platform (Canva, Adobe Express, etc.) to be edited and used by Oroville staff to keep branding consistent while running this in house ○ Full implementation of social media calendars, including planning, copywriting, photo and video sourcing, publishing and monitoring 8 124
Item 9.

Additional Opportunities
● Engage City Employees: Upon reviewing the action steps presented by North Star in this section, we resonate strongly with the planning of a kick-off event for City employees. Our team has experience with brand launch events for a variety of clients, and we recognize the importance of internal stakeholder buy-in to paint a positive picture in the broader community. Given our work in this space, we would recommend tactics to execute in the planning stages of said event, including a thorough agenda, collateral, merchandise and PowerPoint development. The other considerations presented should be approached in a phased manner, in order of priority to be determined by the chosen contractor and the City.
● Build Community Pride: In addition to a phased approach to the numerous and beneficial ideas presented in the North Star presentation, we would strongly suggest presenting a detailed and comprehensive PowerPoint to local organization that will act as ambassadors for the brand, including the Chamber of Commerce, County Board of Supervisors, Explore Butte County and Downtown Oroville members. We’ve seen firsthand the impact of community engagement, and we find one of the best approaches is to make information available and transparent to partners. We have also been directly involved in creating videos to promote different neighborhoods within several cities, to build pride on a micro and macro scale.
● Create Cost-Effective Signage: Wayfinding signage is an effective way to implement the new City of Oroville brand in a way that shows the city’s personality and reinforces the refreshed look. After conducting a site analysis and mapping out routes, we can help to design a signage system that prioritizes the key areas to promote and enhances the experience of exploring the city to both residents and visitors. ● Demonstrate Benefits of Economic Development: It is critical for a city to have strong economic development support to be vibrant and healthy. The ability to show sustained job growth and have an eye focused on innovation will both attract businesses to locate or relocate to Oroville, and stimulate new start-up businesses ventures. This will, in turn, create an environment that brings talent. The resulting increased tax revenues will continue to help the city improve infrastructure and stimulate an enhanced quality of life. ● Invite and Inspire Visitors: Oroville has the assets to inspire travel. Our job (and sweet spot) is telling the stories that attract visitors and show them the experiences they can have, and memories they can create by planning a vacation in Oroville. 9 125
Item 9.
10 Our Process
The Verdin
360
126
Item 9.

Verdin 360

1. Groundwork
Discover where you are now
and plan where you want to go.

In the Groundwork phase, Verdin
will hold an immersion with your key
stakeholders to help us establish the
history, goals and challenges you are
facing. We’ll dive into research,
gleaning input from key stakeholders
to inform our strategies, set
objectives to meet your goals and
confirm metrics to determine a path
forward. Our expertise in branding
and communications will inform
development of a powerful and
engaging approach for Oroville.

Bring the plan to life.

In the Get Working phase, our team
will execute the approved
strategies and develop a plan
unique to your needs. Our
communications and creative
teams will develop content to reach
defined audiences through specific
channels. In conjunction to being
dynamically strategic, our work
is strongly driven by data and
results. We can also assist as
needed in actively managing
communications channels, tracking
the metrics we defined in the
Groundwork phase to determine
the impact of the strategies and
execution.

Evaluate and adjust as
needed.

Using the performance data collected
during the Get Working phase, we
are able monitor results and adjust
as needed to reach your goals should
we execute on any marketing tactics
listed in the strategies we develop. In
this phase, we are able to determine
together what is working best and
adapt our strategy and tactics to
leverage this success. Our reporting
system ensures that you see this data
on a regular basis in a transparent
format that continually offers new
recommendations.

Your success is our success!

2. Get Working 3. Gauge Results
11 Our approach for the City of Oroville
The Verdin 360 is our proprietary process for creating strategies with strong foundations, measurable objectives and clear tactics. Below, we’ve filled out the three steps of our process— Groundwork, Get Working and Gauge Results—with an approach specifically designed to meet your needs. 127
Item 9.
12 Budget
Proposed Scope
of Work for
Implementation
Plans & Budget
128
Item 9.
13 Proposed Scope of Work for Marketing Services
We have developed three budget options for your review, based on the scope of work listed in your RFP. Please note, the scopes of the chosen option will need to be clearly defined and approved following our Groundwork phase; because this is a custom plan, some activities may change based on our recommendations and the approved marketing plans. The scope will be specifically tailored to goals and budget limitations to deliver the best solutions and attain the best results. This budget and scope could span over a two year contract period to fit your needs. If our team was awarded the contract for all three areas, there would be some economy of scale we could provide in executing the work, bringing more value.

Option One - Conservative Budget 2-Year 3-Year
Onboarding (This phase would apply to only the initial year of the contract) ● Review of current research
● Immersion session with key stakeholders to gain insights and confirm goals ● Development of marketing strategies, approved scope of work and budget based on research and insights $35,000 $35,000
Residential, Industrial & Commercial Development
● Targeted outreach to single- and multi-family market rate housing developers through strategic partnership building and PR efforts to three identified organizations
● Industrial recruitment, including targeted outreach to selected companies in two industries ● Advertising through one targeted direct mail campaign and one trade show attendance per year (Collateral Hard-Costs:
$3,000/yr)
● Development of collateral materials for two identified target markets (Collateral Hard-Costs: $3,000/yr) ● Development of an image library from a two-location shoot $55,000 $88,000
Tourism and Visitor Attraction
● Support materials and programs to visitor attraction efforts, including partner relations for five main organizations ● Development of visitor attraction materials, including a branded visitor map and set of five social media graphic templates (Collateral Hard-Costs: $3,000 per year)
● Creation of a library of tourism-specific imagery available for use in marketing ● Year Three Addition: two monthly Localhood (Visit California) social media stories $57,000 $91,000
Building Community Pride
● Outreach to five local organizations including messaging materials, focus groups, coordinating meetings, and PR ● Creation of monthly social media calendar of 2-3 posts per week ● Development of collateral materials including a toolkit, logo lockup package, posters, flyers, and badges (Collateral Hard-Costs:
$3,000/yr)
● Targeted perception management (criminal justice and social services data points) integrated into all communications $53,000 $86,000
Conservative Budget: $200,000
$100,000/ yr
$300,000
$100,000/ yr
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Item 9.
14 Proposed Scope of Work for Marketing Services
Option Two - Moderate Budget 2-Year 3-Year
Onboarding
● All items noted in option one
$35,000 $35,000
Residential, Industrial & Commercial Development
● All items noted in option one
● Increased housing developer outreach to five organizations and industrial recruitment efforts to three industries
● Paid Media Buy ($25,000-$60,000) and testimonial video series ● One trade show booth/exhibit and materials (Collateral Hard-Costs: approx $2,500-$5,000/yr) ● Increase of Image Library photoshoot to three locations $95,000 - $123,000 $130,000 - $181,000
Tourism and Visitor Attraction
● All items noted in option one
● Could include creation of one or two 12-part Localhood (VisitCA) Reel series for social posts, optimized for two social platforms (IG & FB)
$70,000 - $82,000 $106,000 - $121,000
Building Community Pride
● All items noted in option one
● Development of a Community engagement program, applicable materials, and social media promotional content (Collateral Hard-Costs: approx $3,000) ● Creation of Local Hero & PSA social media campaign with a Paid Media Buy ($15,000) $100,000 - $110,000 $158,000 - $188,000
Moderate Budget: $300,000 - $350,000
$150,000 - $175,000/ yr
$450,000 - $525,000
$150,000 - $175,000/ yr
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15 Option Three - Robust Budget 2-Year 3-Year
Onboarding
● All items noted in option one
$35,000 $35,000
Residential, Industrial & Commercial Development
● All items noted in options one and two
● Increase to two booth/exhibits and materials
● Increase in Paid Media Buy (+$20,000) and possible direct mail $135,000 - $168,000 $185,000 - $225,000
Tourism and Visitor Attraction
● All items noted in options one and two
● Development social media content creation of 8-16 social posts per month, on two social platforms (IG & FB)
● Possible Paid Media Buy ($20,000-$40,000)
● Year Three Addition: design and printed Visitors Map (Collateral Hard-Costs: approx $10,000-20,000)
● Year Three Addition: second photoshoot for development of Image Library $90,000 - $122,000 $190,000 - $245,000
Building Community Pride
● All items noted in options one and two
● Increase in local community organization outreach in up to ten local organizations ● Development of possible additional Community engagement program, applicable materials, and social media promotional content (Collateral Hard-Costs: approx $3,000) ● Creation and printing of branded merch materials (Collateral Hard-Costs: approx $5,000-10,000) ● Increase in Paid Media Buy (+$10,000)
$140,000 - $175,000 $190,000 - $245,000
Robust Budget: $400,000 - $500,000
$200,000 - $250,000/ year
$600,000 - $750,000
$200,000 - $250,000/ year
Proposed Scope of Work for Marketing Services
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16 About Us & Our Work
What We Do
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17 Our Services
When you hire Verdin, you get
access to a team of specialists +
a full range of marketing services
under one roof. And it’s all
customized to your goals.
● Research
● Identity & Branding
● Marketing Plans
● Image Perception Assessment
● Customer Relationship Management
Marketing & Brand
Management
● Strategic Campaign Concepting
● Digital, Print & Broadcast Advertising
Creative Development
● Media Strategies
● Media Buying
● Campaign Monitoring & Reporting
Advertising
● Social Media Strategies &
Content Development
● Social Media Monitoring & Management
● Blogging
● Search Engine Marketing
● Mobile Marketing
Digital Marketing
● Site Planning
● Writing, Designing & Programming
● Search Engine Optimization
● Ongoing Website Maintenance
Website
Development
● Public Relations Strategies
● Press Release Writing & Distribution
● White Paper Development
● Trade Show Booth Management
● Crisis Communications
Public Relations
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Internal Process for Client Work
Client Sign-off
Our policy is clear and straightforward: no actions are undertaken without the client’s approval. This goes for purchasing, too. Before printing or purchasing, we provide initial estimates with recommendations, so clients may
consider pricing options.

Billing & Related Requirements
Invoices are payable net 30, and Verdin does not offer any discounts for early payment. Payments are accepted via ACH and by check, and credit card payments are accepted with a

3.5% service charge.

Sales and Use Taxes
Taxable items are identified within the budget management.

Verdin’s bookkeeper will include appropriate tax on invoices and your Account Manager will verify all tax charges before you receive the invoice.

One Reliable Point of Contact
To keep things streamlined, each of our clients has special attention from one main source of contact. The client’s Account Manager manages the budget and coordinates
projects — an efficient way to give our clients dedicated attention to a full team of specialists. Our team uses an industry software system called Workamajig to ensure that all of our projects, communications and billing practices are streamlined.

Transparent Invoicing & Reporting and
Reconciliation of Paid Media
We have an uncompromising commitment to transparency in billing and reporting, so our clients have all the information they want to see in each report. If applicable, media will be reconciled each month and adjusted as needed. We will
provide reporting and updated invoices as needed as back up for any adjustments.
18 134
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19 Results from our quarterly client surveys
We appreciate your team's willingness to always work with us and come at projects creatively. Ashlee Akers has been a godsend this past year especially, and we're so grateful for all that your team does.
—Brittney Hendricks, VP/Marketing & Communications,
Visit Oxnard
An excellent company, great talent, great leadership.
—Alan Iftiniuk, President/CEO French Hospital Medical Center The most reliable references we have are our clients.

See what they have to say:

We love Verdin and have enjoyed a solid partnership over the past 5+ years! Looking forward to continued success,
engagement and the positive results we've experienced.
—Terrie Banish, Deputy City Manager, Outreach, Events and Promotions, City of Atascadero
The team has been incredible! They have been flexible with changing priorities, always meeting deadlines and delivering top notch work in all situations. They listen to feedback and come back with a solution-minded response. It has been a pleasure to work with the team this year.
—Molly Cano, City of San Luis Obispo Tourism Manager
The professionalism, enthusiasm, and attention to detail of the Verdin Team is amazing!
—Jocelyn Brennan, Former South County Chambers
CEO & Arroyo Grande Tourism Manager
Overall ratings from our last
quarterly survey
(out of five stars):

Client service:

Creativity:

On time & on budget:

Value:
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20 Ventura County Coast
Click image to view site
Click image to view video ad
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21 Ventura County Coast Goal
Increase visitors to Camarillo, Oxnard,
Ventura and Port Hueneme.

Where We Started
How do you market four diverse locations as one experience? Conversely, how do you give equal attention to all participating locations in a collaborative tourism effort? Ventura County Coast was lacking nothing in regards to natural beauty and desirability, What We Did
● Created multi-tiered digital
strategy to improve ROI with
pixel technology and retargeting
capabilities
● Created three new, engaging
inspiration videos, nine
point-of-view retargeting
videos, cold-weather campaign
videos, and multiple
geo-fencing videos
● Revamped the e-newsletter for
improved engagement
● Improved website user
experience on blog pages, along
with adding specialty pages for
specific campaigns
What Happened
● 17 Awards through seven years of work
● Improved new user web visits YOY by
95%, with 99% improvement in total
visits
● 22% increased YOY results from digital
advertising in both leisure and meetings
categories
● The use of digital advertising special
campaigns had great success, including
cold-weather- triggered campaigns, and
meetings and special event geo-fencing
campaigns. These exposed new
potential travelers in unique locations to
the VCC message
● Built retargetable audiences, with over
27 pixels pages, to over 45,000 visitors
● Increased social media followers by 18%
“Having an opportunity to
work with the team at
Verdin to inspire, engage
and drive demand to
Ventura County Coast is a
true privilege. The
partnership we have to
make data-driven
decisions and the talent
we collectively have to
turn those insights into
action, fuels my passion to
be better every day.”
Brian Tucker,
Executive Director,
Ventura County Coast
[email protected]
(805) 644-2500
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22 Visit Atascadero
Click the phone image to view
sample ad.
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23 “We are very fortunate
as a city to have acquired
Verdin’s services.

Their level of
professionalism,
execution, and positive
personalities are second
to none. I can with
complete confidence
recommend Verdin to
anyone looking to
market and promote
their destination,
business, and/or
organization.”
Amar Sohi
Current Board Member | Past Chair,
Visit Atascadero
[email protected]
(805) 462-0200
Visit Atascadero Goal
Increase overnight stays for hotel and
motel accommodations in Atascadero.

Where We Started
When people think San Luis Obispo County, they think rolling vineyards and crashing waves. They don’t think “Atascadero.” This inland town was struggling to obtain “top of mind” space in comparison to its neighboring communities of San Luis Obispo, Paso Robles.

What We Did
● Created and launched multiple
campaigns for all target audiences
● Created and launched new
multi-tiered DSP and social
campaigns for leisure and
meetings
● Used pixel technology to create
retargetable audiences
● Hosted 23 journalists during the
NATJA FAM tour in collaboration
with SLO CAL
● Held Media desksides with AAA
domestic travel representatives
during Seattle press trip
What Happened
● ADDY awards for “Closer Than You Think” and
“All In” campaigns
● Through digital advertising, the destination
received 335% improvement in website visits
YOY (fiscal year 2017-2018 to the fiscal year
2018-2019)
● Digital impressions grew by 79% YOY with the
same budget
● Engagement (clicks) on digital advertising
improved 60% YOY
● Average click-through-rate for digital
campaigns improved from 1.2% to 2.01% YOY
● Built retargetable audience to over 30,000
website visitors
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City of San Luis Obispo
24 Click the
phone images
to view
sample reels
& ads.

City Construction Projects
Click image above to
view video of the
construction fence
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25 What We Did
● Communications around Marsh Street
Bridge renovation
● Communications around Orcutt/Tank
Farm Roundabout construction
● Communications for the Prado Road
Bridge Replacement and Interchange
Projects
● Annual “Shop Local” Campaigns to
encourage residents to spend locally
● SLO Public Art branding and strategies
● Cultural Arts District Parking Structure
construction communications
City of San Luis Obispo Projects “The team has been
incredible! They have been
flexible with changing
priorities, always meeting
deadlines and delivering
top notch work in all
situations. They listen to
feedback and come back
with a solution-minded
response. It has been a
pleasure to work with the
team this year.”
Molly Cano
Tourism Manager
City of San Luis Obispo
[email protected]
(805) 781-7165
Visit Atascadero Goal
Where We Started
Verdin has worked with the City of San Luis Obispo in different capacities throughout the years but in 2022 Verdin became listed as a preferred vendor and, for the past two years has been able to efficiently work on a variety of projects to support the community. The team has been able to maximize efficiency in branding and messaging efforts across different projects to become a trusted partner for the City.

What Happened
● The “Shop Local” campaign generated more
than $940,000 in direct spending supporting
the local economy
● Successful completion and positive
community engagement on multiple
infrastructure and transportation projects
● Reached more than 560,000 people
encouraging them to explore the arts in the
community through social media and paid
tactics
● Award winning campaign for the “Love SLO
like you mean it” video series that launched
during the Pandemic to support the local
business community
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26 Our Team
Who We Are
We are
Obsessed with integrity
We are devoted to our work and maintain a
high level of transparency with our clients
Passionate about strategy
We are dedicated to understanding your goals,
reaching your audiences and delivering the
best marketing support
Building our brand for 20 years
We have cultivated a stellar reputation through
years of responsive service
A tight-knit team bursting with talent
We are small but mighty—we have the agility
to completely focus on you and your needs
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27 Verdin’s Key Personnel
Mary has more than 30 years of marketing experience and an energy that keeps ideas fresh and strategic. Her personal list of awards, combined with the industry awards our agency wins every year, reflect Mary’s proven ability to create communications success for clients. An innate problem solver and natural leader, she founded Verdin more almost 20 years ago and continues to grow the firm with a gusto for finding ways to give back to the community.

Experience, Credentials and Education:

Mary Verdin
President & Chief Executive Officer
Role: Participates in
discovery and initial
meetings, provides
ongoing strategic input.

Ashlee Akers
Partner & Chief Strategy Officer
Role: Participates in
strategic planning
meetings, oversees and
reviews branding and
marketing strategies.

Ashlee guides Verdin’s account staff with enthusiasm, and plays a leading role in all client work. Her friendly and dynamic personality makes our clients instantly feel comfortable and confident. She is the master of surpassing client needs with an unwavering devotion to achieving stellar results.

Experience, Credentials and Education:
● Relevant experience: strategically involved in the work performed for all Verdin clients, notably those listed as work samples and references in this proposal
● Partner at Verdin; 13 years with agency
● 15 years of experience in tourism marketing and advertising ● San Luis Obispo Tribune Top 20 Under 40
● Pacific Coast Business Times Who’s Who in Marketing & PR ● Serves on Central Coast Tourism Council Board of Directors ● Serves on marketing and branding committee for Visit SLO CAL ● Cal Poly, San Luis Obispo: Agriculture Science/Agricultural Business ● Stevie Award—Women in Business
● PRSA Professional of the Year
● Rotarian of the Year, 2002 & 2023
● Leadership SLO, Class IV &
Leadership California, Class 24
● Past Chair & Director, SLO Chamber
of Commerce Board
● President’s Award, National
Philanthropy Day, AFP
● UC Davis: Psychology
● Relevant experience: strategically
involved in work performed for all
Verdin clients, notably those listed
as work samples and references in
this proposal
● Pacific Coast Business Times
Awards: 40 Under 40; Top 50
Women in Business; Who’s Who in
Marketing & PR
Meet the team designated to be on point for your marketing needs.

These individuals are supported by a larger group of team members who will assist on your work behind the scenes as needed. 143
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28 Role: Participates in creative planning, develops
brands, campaign and ad concepts and oversees all
creative work.

Riley is the helm that steers Verdin’s creative team right direction. Her keen eye and strategic mind lead Verdin to produce work that is strikingly distinct.

Experience, Credentials and Education:
● Relevant experience: extensive experience in
branding from brand concept development to
keeping established brands current and resonating
with audiences through all marketing channels
● 14 years design experience in various industries
● Chico State University: Communication Design with
a focus in Media Arts and minors in International
Studies and Set Design
Riley
Grim
Creative Director
Verdin’s Key Personnel
Role: Provides day-to-day support through various
marketing channels, including public relations, web,
email marketing, social media and more.

Allie oversees client accounts, collaborates with cross-functional teams and ensures successful marketing strategy
implementation. Using her communication and organizational skills, she facilitates coordination among team members, stakeholders and clients. Allie works remotely and resides in the East Bay Area.

Experience, Credentials and Education:
● Relevant experience: Facilitates day-to-day
communication and implementation of all campaigns and
deliverables, notably within listed work samples, Greater Vallejo Recreation District, Visit Concord and City of SLO Public Arts
● Cal Poly, SLO: Journalism and World Languages &
Cultures
Allie
Rohlfs
Account Manager
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29 Subcontractor: Mosaic Media
ROLE: Participates in discovery and initial meetings, plans and executes media buys for Verdin’s clients.

Arturo Cosio has a passion for playing with numbers and turning them into results for clients in the ever changing landscape of marketing. As Director of Brand Partnerships, he is responsible for establishing relationships with other agencies and businesses to help either grow their marketing services or promote their products and services with our award-winning media team. He works closely with all team members at Mosaic to assess our partners’ needs, set up goals, and create effective marketing strategies to achieve long term success.

Arturo has been the bedrock of many of Mosaic’s partners throughout the years.

His calm, reassuring demeanor and experience will keep projects moving seamlessly on time and on budget, and giving our partners one less thing to worry about.

EXPERIENCE, CAPABILITIES AND CREDENTIALS:
● Strategically involved in planning and executing media buys for Verdin ● Degrees in Marketing and Business Management
Arturo Cosio
Director of Brand Partnerships
ROLE: Oversees operations and services for Mosaic clients.

Mary Ann started her career in media by working as a senior sales executive for some of the nation’s largest media outlets. After discovering her talent and love for all things media strategy, she founded Mosaic as a way to provide niche expert experience to agencies and marketing departments across the country. Her hard work and savvy strategy skills have led Mosaic to year-over-year growth, and has expanded her impact as an industry leader in all things traditional, digital, and everything in between. Mary Ann’s hands on approach ensures she understands the moving parts of Mosaic at all times, allowing her to provide tailored insight and guidance to the Mosaic team and her clients. Client success is her No. 1 priority and how she measures her own accomplishments, all of which is apparent in her tireless drive and strategic approach to every project.

EXPERIENCE, CAPABILITIES AND CREDENTIALS:
● Strategically involved in media buys for Mosaic clients ● 2020 award from Cynopsis Media naming her as a Top Woman in Media
Mary Ann Pruitt
President & CEO
The Verdin team has a close partnership with the Mosaic Media team who strategizes, plans and implements all of the media buys for our clients.
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30 Verdin’s Mission Statement
We help build strong
communities
through strategy,
consensus and
storytelling
© 2024 by Verdin Marketing. All Rights Reserved. This work is the property of Verdin Marketing and no part of it can be reproduced or transmitted in any form or by any information storage or retrieval system, without the written permission of Verdin Marketing, except where permitted by law. 146
Item 9.

Proposed Budget for Marketing Services
Please note, the scope of work will need to be clearly defined and approved following our Onboarding, which includes the Immersion Session and Marketing Plan development.

Because this is a custom plan, some activities may change based on our recommendations and the approved marketing plans. The scope will be specifically tailored to goals and budget limitations to deliver the best solutions and attain the best results. The second year deliverables will align with the refreshed marketing strategies.

Proposed Budget for Two-Year Contract Year 1 Year 2
Year 1: Onboarding and Strategy Development
● Review of current research
● Immersion session with key stakeholders to gain insights and confirm goals ● Development of marketing messaging and strategies for earned, owned and paid channels and approved scope of work and budget based on research and insights
Year 2: Evaluation of success and opportunities from initial year and updated recommendations and strategies for second year $30,000 $5,000
Building Community Pride
● Outreach to five local organizations including messaging materials, focus groups, coordinating meetings, and PR ● Development of collateral materials including a toolkit, logo lockup package, posters, flyers, and badges (Collateral Hard-Costs Est: $3,000/yr)
Targeted perception management (criminal justice and social services data points) integrated into all communications $35,000 $47,000
Tourism and Visitor Attraction
● Support materials and programs to visitor attraction efforts, including partner relations for five main organizations $17,500 $24,000
Residential, Industrial & Commercial Development
● Creative development of collateral materials for tradeshows (print/production costs will be additional and dependant on quantity and specifications)
$17,500 $24,000
Total Budget: $100,000 $100,000
Possible Contingency Budget
This budget would be dependent on the City of Oroville’s specific needs but could include a variety of the following services:
● Content recommendations and/or development of visuals for current advertising ● Development of videos and/or PSAs specific to City needs and messaging strategies ● Development of crisis or reactive messaging needed by the City Up to
$25,000
TBD
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Item 9.

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on this ___th day of _____________, 2024, at Oroville, California, by and between the City of Oroville, a California Charter City, 1735 Montgomery Street, Oroville California, 95965 (hereinafter referred to as the “CITY”) and Verdin Marketing, PO Box 3060, San Luis Obispo, CA 93403 (hereinafter referred to as the “CONTRACTOR”).

RECITALS
A. The CITY proposes to contract for professional services as outlined below; B. The CITY conducted an RFP issued in January of 2024, and selected CONTRACTOR as the preferred service provider;
C. The CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; NOW, THEREFORE, the CITY and the CONTRACTOR, mutually agree as follows:

1. SERVICES.

The CONTRACTOR shall perform those services set forth in “Exhibit A,” which is attached hereto and incorporated herein by reference.

2. TERM OF AGREEMENT.

The term of this contract shall commence upon execution by both parties and shall expire on June 30, 2026 unless extended in writing in advance by both parties per Section 6 of this Agreement.

3. TIME OF PERFORMANCE.

The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until June 30, 2026, unless extended in writing by the CITY and Contractor.

4. PAYMENT FOR SERVICES.

The CONTRACTOR shall be compensated in an amount not to exceed $125,000 for services provided pursuant to this Agreement as described in “Exhibit B.” Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (45) days of presentation of an invoice to the DISTRICT for services performed to the DISTRICT’s satisfaction. The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the DISTRICT.

5. CONTRACT ADMINISTRATION.

5.1. The CITY’s Representative. Unless otherwise designated in writing, Patrick Piatt shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
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5.2. Manager-in-Charge. For the CONTRACTOR, Verdin Marketing shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-in Charge shall not be replaced without the written consent of the CITY.

6. TERMINATION.

7. INDEMNIFICATION.

In the event that CITY is named as a party defendant in a lawsuit alleging injury as a result of Contractor’s negligent or wrongful performance under this Agreement, Contractor shall defend CITY with counsel approved by CITY, which approval will not be unreasonably withheld, and bear responsibility for attorney’s fees, expert fees and all other costs and expenses of litigation.

Should conflict of interest principles preclude a single lawyer from representing both CITY and Contractor, or should CITY otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the CITY its costs of defense, including without limitation reasonable 149
Item 9.
attorney’s fees, expert fees and all other costs and expenses of litigation. Contractor shall promptly pay any final, non-appealable judgment rendered against the CITY. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California but the indemnity obligation will exclude such loss or damage which is determined to be caused by the sole negligence or willful misconduct of the CITY.

The obligations established by this paragraph will survive termination of this Agreement. For purposes of this paragraph:
• CITY means the CITY Council and its subordinate bodies, elected and appointed CITY officials and officers, CITY employees and authorized agents and volunteers of the CITY. • Liability means any claims or causes of action raised or asserted by, damage to, loss or expense incurred by or judgments rendered in favor of persons or entities not a party to this Agreement.
• The types of damages included within this indemnity obligation include, but are not limited to, personal injury, bodily injury, death, loss of use, and damage to or loss of real and personal property.
• The indemnity obligation of this paragraph includes all forms of negligent acts, errors and omissions, wrongful behavior and willful misconduct (including but not limited to breaches of professional standards of care, if applicable, and breach of contract) by Contractor and any of its officers, agents employees and subcontractors.

8. INSURANCE REQUIREMENTS.

8.1. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:

8.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this 150
Item 9.

Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

8.1.4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’s operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than twomillion dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis.

8.2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.

Any insurance proceeds available to the CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss will be available to the CITY. 151
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8.2.6. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.

8.3. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the CITY Attorney. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.

8.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein.

9. ASSIGNMENT AND SUBCONTRACTING.

The parties recognize that a substantial inducement to the City for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be 152
Item 9.
permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

10. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS.

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

11. CONFLICT OF INTEREST.

The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.

12. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY. 153
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13. RECORDS AND AUDITS.

The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative. All records shall be made available at the request of the CITY, with reasonable notice, during regular business hours, and shall be retained by the CONTRACTOR for a period of three years after the expiration of this Agreement.

14. OWNERSHIP OF DOCUMENTS.

15. INDEPENDENT CONTRACTOR.

16. NOTICE.

All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement.

CITY:

City of Oroville,
1735 Montgomery Street,
Oroville, California, 95965
Attention: City Administrator
CONTRACTOR:

Verdin Marketing
PO Box 3060
San Luis Obispo, CA 93403
Attention: Mary Verdin

17. GOVERNING LAW.

This Agreement shall be governed by the laws of the State of California. The venue shall be the County of Butte, California

18. ENTIRE AGREEMENT; MODIFICATION.

19. WAIVER.

20. EXECUTION.

21. AUTHORITY TO ENTER AGREEMENT.

IN WITNESS WHEREOF, the parties have executed this Agreement the ____ day of ________________, 2024.
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CONTRACTOR:
_____________________________________
{Mary Verdin, President and CEO}
CITY OF OROVILLE:
_____________________________________
Brian Ring, City Administrator
APPROVED AS TO FORM:
_____________________________________
Scott Huber, City Attorney
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Page 1 ends

CITY OF OROVILLE

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

PAT PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: LEASE / OPERATING AGREEMENT FOR THE OROVILLE

CONVENTION CENTER BETWEEN THE CITY OF OROVILLE AND

FEATHER RIVER RECREATION AND PARK DISTRICT
DATE: AUGUST 6, 2024

SUMMARY
The Council may consider a lease / operating agreement with Feather River Recreation and Park District for the lease and operation of the Municipal Auditorium.

DISCUSSION
Staff were directed at the November 7, 2023 regular City Council meeting, to work with the YMCA of Superior California (YMCA) and Feather River Recreation and Park District (FRRPD), on a potential shared use agreement for both of these agencies.

Currently, the YMCA leases the Oroville Convention Center and operates / manages the facility (including facility rentals). Due to increasing costs, the YMCA has had to reduce its programs being offered this calendar year. FRRPD has been in the process of looking for an alternative location to run their operations out of (with the pending sale of their facility on Feather River Boulevard). Staff have been meeting with representatives from the YMCA and FRRPD in an effort to find a solution that meets both of their operational needs, and the needs of the community.

This proposed agreement would shift the lease / operating arrangement to FRRPD, providing them a new location for them to operate their services out of, while continuing to provide for a venue for the YMCA to provide their programs out of (currently providing activities for seniors). The terms of the proposed agreement include the following  One year term with an option to review for four consecutive one-year terms;  $2,500/month initial base rent (to be reviewed annually), all utilities to be paid by FRRPD as well as reimbursement for facility insurance;
 FRRPD shall work with YMCA to lease portions of the facility to the YMCA; 157
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 FRRPD to manage private event rentals;
 FRRPD to be responsible for regular / minor maintenance matters, the City to be responsible for major maintenance items (mechanical systems, roof, major issues that require replacement of infrastructure).

Please refer to lease / operating agreement for additional details.

FISCAL IMPACT
The City will realize general fund revenue of $30,000 in year one of the agreement, and also see savings in facility insurance and utility costs currently being paid for by City.

RECOMMENDATION:

Adopt Resolution No.9296 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EXCLUSIVE

OPERATING / LEASE AGREEMENT WITH THE FEATHER RIVER RECREATION

AND PARK DISTRICT FOR THE OPERATION OF THE CONVENTION CENTER LOCATED AT 1200 MYERS STREET, OROVILLE – (Agreement No. XXXX); and Terminate existing agreement with the YMCA of Superior California.

ATTACHMENTS:

Resolution No. 9296
Agreement No. 3516
158
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CITY OF OROVILLE
RESOLUTION NO. 9296

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXCUTE AN EXCLUSIVE OPERATING / LEASE

AGREEMENT WITH FEATHER RIVER RECREATION AND PARK DISTRICT FOR THE OPERATION OF THE CONVENTION CENTER LOCATED AT 1200 MYERST STREET,

OROVILLE
(Agreement No. 3516)
NOW THEREFORE, be it hereby resolved by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an exclusive operating / lease agreement with Feather River Recreation and Park District for the operation of the Convention Cener located at 1200 Myers Street, Oroville.

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

PASSED AND ADOPTED by the Oroville City Council at a special meeting on August 6, 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 159
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CITY OF OROVILLE PUBLIC FACILITY

EXCLUSIVE OPERATING AND LEASE AGREEMENT
Agreement #3516
THIS EXCLUSIVE OPERATING AND LEASE AGREEMENT is made this 6 th day of
August, 2024, between the City of Oroville ("Landlord"), and The Feather River Recreation and Parks District ("Tenant"), effective September 1, 2024.

BUSINESS TERMS
Landlord:

Tenant:

Premises:

Permitted Use:

Current Zoning:

Term:

Renewal Option:

Base Rent:

CITY OF OROVILLE

FEATHER RIVER RECREATION AND PARKS DISCTRICT
(FRRPD)
1200 Myers Street
Mixed Use Commercial
CI - Limited Commercial
One year plus an option to renew for four consecutive one-year terms, effective September 1, 2024.

The renewal option may be subject to a rate adjustment to be determined before the end of the first one-year period. The first year of this amended agreement is a joint effort of the Landlord and the Tenant to determine the viability of this endeavor.

Beginning in year one of the agreement the rent will be $2,500 / month.

Future rent to be reconsidered on an annual basis through a collaboration between Landlord and Tenant staff. Rent will be determined by mutual agreement and based upon net revenue generated as a result of the use of this facility and market conditions.

Initial rent review will be conducted in August 2025.

Tenant is to assume cost of all utilities and have accounts put in tenant’s name / separate from Lessee, pay for all taxes and insurances required for program activities and general liability for the building and property.
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Security Deposit:

Rent Commencement:

Condition of Premises:

Maintenance
Building Signage:

Security Deposit of $2,500 is held to mitigate damage that may result to the Premise from business operations. Deposit is returned in full with no interest when Premise has been vacated and inspected by the City of Oroville to assess its condition.

Rent, as subject to Paragraph 4, shall commence on the first date of occupancy, prorated if that date should not be on the first day of the month when first occupied. Payments to be made on the first day of each month through the term of this lease and any extensions.

The Landlord isto provide Tenant the Premises in its "asis" condition.

Tenant is willing to take the Premises in "as is" condition subject to conducting a thorough assessment of the condition of the Premises by Tenant.

Any improvements by Tenant shall be at Tenant's sole cost and expense. A Tenant Improvement Plan shall be submitted to the City and approved prior to work being performed.

Tenant assumes responsibility for all regular maintenance (such as cleaning, recurring maintenance of mechanical systems, replacement of lightbulbs, clearing drains, minor plumbing repairs, etc.), and Landlord will have the responsibility of replacement of major components that are found to be non-operational or excessively problematic (mechanical systems, roof repairs or replacement, major plumbing issues requiring replacement of system elements, etc.).

Signage shall be in conformance with the Zoning Code, sign regulations, and approved byLandlord priorto installation or placement per section 12 of this agreement. All signage shall be at the Tenant’s expense.
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1. Granting Clause. In consideration of the obligation of Tenant to pay rent as herein provided and in consideration of the other Terms, covenants, and conditions hereof, Landlord leases to Tenant, and Tenant takes from Landlord, the Premises, to have and to hold for the Lease Term, subject to the Terms, covenants and conditions of this Lease.

2. Acceptance of Premises. Tenant shall accept the Premises in its condition as of the Commencement Date, subject to all applicable laws, ordinances, regulations, covenants, and restrictions. Landlord has made no representation or warranty as to the suitability of the Premises for the conduct of Tenant's business, and Tenant waives any implied warranty that the Premises are suitable for Tenant's intended purposes. In no event shall Landlord have any obligation for any defects in the Premises or any limitation on its use. The taking of possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken except for items that are Landlord's responsibility, including items relating to unrepaired fire damage.

3. Use. The Premises shall be used only for the purpose of providing activities consistent with current activities provided by Tenant, and Tenant shall work with YMCA to lease portions of the facility to the YMCA as agreed upon by each party. Such agreement to remain separate from this agreement between Landlord and Tenant. The facility will primarily be used for, but not limited to, physical exercise activities for all ages. The facility will be utilized for all activities that will enhance the quality of life for all the citizens of the City of Oroville.

Tenant will use the Premises in a careful, safe, and proper manner and will not commit waste, overload the floor or structure of the Premises, or subject the Premises to use that would damage the Premises. Tenant shall not permit any objectionable or unpleasant odors,smoke, dust, gas, noise, or vibrations to emanate from the Premises, or take any other action that would constitute a nuisance or would disturb, unreasonably interfere with, or endanger Landlord or any tenants of the Premises. Tenant, at its sole expense, shall use and occupy the Premises in compliance with all laws, including, without limitation, the Americans with Disabilities Act, orders, judgments, ordinances, regulations, codes, directives, permits, licenses, covenants and restrictions now or hereafter applicable to the Premises (collectively, "Legal Requirements") unless such Legal Requirements are met due to their "grandfathered" nature. Tenant shall, at its expense, make any alterations or modifications, within or without the Premises, that are required by Legal Requirements related to Tenant's use or occupation of the Premises unless such Legal Requirements are met due to their "grandfathered" nature. Tenant must receive Landlord's written authorization and approval for all alteration or modifications to the Premises. Tenant is responsible for compliance with all Americans with Disabilities requirement related to tenants programing and uses.

Landlord is responsible for American with Disabilities requirements related to structural changes as required by law and not met due to a "Grandfathered" exception.

Additionally, the premises will continue to be used for the purposes of private events held by interested parties. Tenant shall act as manager and event 162
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coordinator of all such events and accommodate the public for use of premises to the degree that such events are not in conflict with regularly scheduled programs and activities hosted by Tenant. Tenant shall set costs for facility rentals that will both encourage use of the facility and appropriate insurance, while covering all associated costs of Tenant to provide such services. Tenant shall be responsible for collecting deposits and returning such deposits once satisfactory clean-up or repairs have been confirmed. That relationship between Tenant and event promoter shall be between such parties and Landlord shall not be attached to such agreement in any form, nor shall Landlord bear any responsibility for actions of such events.

4. Base Rent. All payments required to be made by Tenant to Landlord hereunder (or to such other party as Landlord may from time to time specify in writing) shall be made by check of immediately available funds before 4:00 p.m., Pacific Time, at City of Oroville, Finance Department, 1735 Montgomery Street, Oroville, California, 95965, or as Landlord may from time to time designate to Tenant in writing. The obligation of Tenant to pay Base Rent and other sums to Landlord and the obligations of Landlord under this Lease are independent obligations. Tenant shall have no right at any time to abate, reduce, or set-off any rent due hereunder except as maybe expressly provide in this lease. If Tenant is delinquent in any monthly installment of Base Rent for more than 15 business days, Tenant shall pay to Landlord on demand a late charge equal to 5 percent of such delinquent sum. The provision for such late charge shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as a penalty.

5. Security Deposit. Tenant shall deposit with Landlord the sum of $2,500.

The security deposit shall be held by Landlord as security for the faithful performance by Tenant of all the terms, covenants, and conditions to be performed by Tenant. The security deposit shall not be assigned, transferred, or encumbered by Tenant, and any attempt to do so shall not be binding upon Landlord. If, at any time during the Term of this Lease, any rent or portion of any rent payable by Tenant to Landlord shall not be timely paid, then, Landlord may, at its option (but shall not be required to), appropriate and apply any portion of the security deposit to the payment of such overdue rent. Under no circumstances shall Tenant apply the security deposit as Rent for the final months of the Lease. In the event of the failure of Tenant to keep and perform any of the Terms, covenants and conditions of this Lease to be kept and performed by Tenant, then, at the option of Landlord, Landlord may (but shall not be required to) appropriate and apply the security deposit, or so much so as may be necessary, to compensate Landlord for all loss or damage sustained orsuffered by Landlord due to such default on the part of Tenant. Should the entire security deposit, or any portion thereof, be appropriated and applied by Landlord for the purposes set forth herein, or for any other lawful purpose, then Tenant shall, within IO days after written demand by Landlord, deliver to Landlord a sufficient sum in cash to restore the security deposit to the original sum of the security deposit. Landlord shall not be obligated to keep the security deposit in a separate fund but may commingle the security deposit with its own funds. The failure of the Tenant to maintain the security deposit in the initial amount as stated above shall constitute a failure to pay rent and shall carry with it the consequences 163
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set forth in this Lease for failure to pay rent. Upon expiration of the Lease, the security deposit, if not applied toward the payment of Rent in arrears or toward the payment of damages suffered by Landlord by reason of Tenant's breach of this Lease, is to be returned to Tenant without interest, but in no event shall the security deposit be returned until Tenant has vacated the Leased Premises, delivered possession thereof to Landlord, and fully satisfied Tenant's obligations under this Lease.

6. Utilities. Tenant has obligation to pay for all utilities at the Convention Center, including but not limited to: electricity, gas, water, sanitation, security, phone, cable, and internet services required for the operations of parks and recreation programs and activities. Tenant shall put all utilities in tenant’s name.

7. Taxes. If any such tax or excise is levied or assessed directly against Tenant, including but not limited to possessory tax, then Tenant shall be responsible for and shall pay the same at such times and in such manner as the taxing authority shall require. Tenant shall be liable for all taxes levied or assessed against any personal property or fixtures placed in the Premises, whether levied or assessed against Landlord or Tenant.

8. Insurance. Landlord shall maintain all risk insurance covering risk property insurance and the full replacement cost of the building and may (insurance premium cost to be reimbursed by Tenant), but is not obligated to, maintain such otherinsurance and additional coverages asitmay deemnecessary, including, but not limited to, commercial liability insurance and rent loss insurance. The Premise or Building may be included in a blanket policy (in which case the cost of such insurance allocable to the Premise or Building will be determined by Landlord based upon the insurer's cost calculations). Tenant shall also reimburse Landlord for any increased premiums or additional insurance which Landlord reasonably deems necessary because of Tenant's use of the Premises. Should there be a property claim through the Landlord’s property insurance, the Landlord shall pay applicable deductibles, with the exception of matters where the matter was triggered by negligence of the Tenant or matters which arise from private party facility rentals.

For those matters, the applicable deductible shall be a responsibility of the Tenant.

Tenant, at its expense, shall maintain during the Lease Term: all risk property insurance covering the full replacement cost of all property and improvements installed or placed in the Premises by Tenant at Tenant's expense; workers' compensation insurance with no less than the minimum limits required by law; employer's liability insurance with such limits as required by law; and commercial liability insurance, with a minimum limit of $1,000,000 per occurrence and a minimum umbrella limit of $1,000,000, for a total minimum combined general liability and umbrella limit of $2,000,000 (together with such additional umbrella coverage as Landlord may reasonably require) for property damage, personal injuries, or deaths of persons occurring in or about the Premises. Landlord may from time to time require reasonable increases in any such limits. The commercial liability policies shall name Landlord as an additional insured, insure on an occurrence and not a claims-made basis, be issued by insurance companies which are reasonably acceptable to Landlord, not be cancelable unless 30 days' prior 164
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written notice shall have been given to Landlord, contain a hostile fire endorsement and a contractual liability endorsement and provide primary coverage to Landlord (any policy issued to Landlord providing duplicate or similar coverage shall be deemed excess over Tenant's policies). SUCH POLICIES OR CERTIFICATES

THEREOF SHALL BE DELIVERED TO LANDLORD BY TENANT UPON

COMMENCEMENT OF THE LEASE TERM AND UPON EACH RENEWAL OF SAID INSURANCE.

The all-risk property insurance obtained by Landlord and Tenant shall include a waiver of subrogation by the insurers and all rights based upon an assignment from its insured, against Landlord or Tenant, their officers, directors, employees, managers, agents, invitees, and contractors, in connection with any loss or damage thereby insured against. Neither party nor its officers, directors, employees, managers, agents, invitees, or contractors shall be liable to the other for loss or damage caused by any risk coverable by all risk property insurance, and each party waives any claims against the other party, and its officers, directors, employees, managers, agents, invitees and contractors for such loss or damage. The failure of a party to insure its property shall not void this waiver. Landlord and its agents, employees and contractors shall not be liable for, and Tenant hereby waives all c1aims against such parties for, business interruption and losses occasioned thereby sustained by Tenant or any person claiming through Tenant resulting from any accident or occurrence in or upon the Premises from any cause whatsoever, including without limitation, damage caused in whole or in part, directly or indirectly, by the negligence of Landlord or its agents, employees or contractors.

9. Construction Allowance. None.

10. Landlord's Repairs. Landlord shall maintain, at its expense, the structural soundness ofthe roof, foundation, and exterior walls ofthe building in good repair. Reasonable wear and tear and uninsured losses and damages caused by Tenant, its agents and contractors excluded. The term "walls" as used in this Paragraph shall not include windows, glass or plate glass, doors or overhead doors, special store fronts, or office entries. Tenant shall promptly give Landlord written notice of any repair required by Landlord, after which Landlord shall have a reasonable opportunity to repair.

11. Tenant-Made Alterations and Trade Fixtures. Any alterations, additions, or improvements made by or on behalf of the Tenant to the Premises ("Tenant-Made Alterations") shall be subject to Landlord's prior written consent and at the expense of the tenant.

12. Signs. Tenant shall not make any changes to the exterior of the Premises, install any exterior lights, decorations, balloons, flags, pennants, banners, or painting, or erect or install any signs, windows or door lettering, placards, decorations, or advertising media of any type which can be viewed from the exterior of the Premises, without Landlord's prior written consent. Upon surrender or vacation of the Premises, Tenant shall have removed all signs and repair, paint, and/or replace the building facia surface to which its signs are attached. Tenant shall 165
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obtain all applicable governmental permits and approvals for sign and exterior treatments. All signs, decorations, advertising media, blinds, draperies and other window treatment or bars or other security installations visible from outside the Premises shall be subject to Landlord's approval and conform in all respects to Landlord's requirements.

13. Parking. Off-street parking is provided by Landlord. Public parking is available to Tenant in City owned parking lots located near Premises.

14. Restoration. If at any time during the Lease Term the Premises are damaged by a fire or other casualty, Landlord shall notify Tenant within 60 days after such damage as to the amount of time Landlord reasonably estimates it will take to restore the Premises. If the restoration time is estimated to exceed 6 months, either Landlord or Tenant may elect to terminate this Lease upon notice to the other party given no later than 30 days after Landlord's notice. If neither party elects to terminate this Lease or if Landlord estimates that restoration will take 6 months or less, then, subject to receipt of sufficient insurance proceeds, Landlord shall promptly restore the Premises excluding the improvements installed by Tenant or by Landlord and paid by Tenant, subject to delays arising from the collection of insurance proceeds or from Force Majeure events. Tenant at Tenant's expense shall promptly perform, subject to delays arising from the collection of insurance proceeds, or from Force Majeure events, all repairs or restoration not required to be done by Landlord and shall promptly re-enter the Premises and commence doing business in accordance with this Lease. Notwithstanding the foregoing, either party may terminate this Lease if the Premises are damaged during the last year of the Lease Term and Landlord reasonably estimates that it will take more than one month to repair such damage. Base Rent and Operating Expenses shall be abated for the period of repair and restoration in the proportion which the area of the Premises, if any, which is not usable by Tenant bears to the total area of the Premises. Such abatement shall be the sole remedy of Tenant, and except as provided herein, Tenant waives any right to terminate the Lease by reason of damage or casualty loss.

15. Condemnation. If any part of the Premises should be taken for any public or quasi- public use under governmental law, ordinance, or regulation, or by right of eminent domain, or by private purchase in lieu thereof (a "Taking" or "Taken"), and the Taking would prevent or materially interfere with Tenant's use of the Premises or in Landlord's judgment would materially interfere with or impair its ownership or operation of the Premise, then upon written notice by Landlord this Lease shall terminate and Base Rent shall be apportioned as of said date. If part of the Premises shall be Taken, and this Lease is not terminated as provided above, the Base Rent payable hereunder during the unexpired Lease Term shall be reduced to such extent as may be fair and reasonable under the circumstances. In the event of any such Taking, Landlord shall be entitled to receive the entire price or award from any such Taking without any payment to Tenant, and Tenant hereby assigns to Landlord Tenant's interest, if any, in such award. Tenant shall have the right, to the extent that same shall not diminish Landlord's award, to make a separate claim against the condemning authority (but not Landlord) for such compensation as may be separately awarded or recoverable by Tenant for moving expenses and damage to Tenant's Trade Fixtures, if a separate award for such items is made to Tenant. 166
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16. Assignment and Subletting. Without Landlord's prior written consent, which Landlord shall not unreasonably withhold, Tenant shall not assign thislease or sublease the Premises or any part thereof or mortgage, pledge, or hypothecate its leasehold interest or grant any concession or license within the Premises and any attempt to do any of the foregoing shall be void and of no effect. For purposes of this paragraph, a transfer of the ownership interests resulting in a change of control of Tenant shall be deemed an assignment of this Lease. Tenant shall reimburse Landlord for all of Landlord's reasonable out-of-pocket expenses in connection with any assignment or sublease. Upon Landlord's receipt of Tenant's written notice of a desire to assign or sublet the Premises, or any part thereof (other than to a Tenant Affiliate), Landlord may, by giving written notice to Tenant within 15 days after receipt of Tenant's notice, terminate this Lease with respect to the space described in Tenant's notice, as of the date specified in Tenant's notice for the commencement of the proposed assignment or sublease. If Landlord so terminates the Lease, Landlord may enter into a lease directly with the proposed sublessee or assignee. Tenant may withdraw its notice to sublease or assign by notifying Landlord within 10 days after Landlord has given Tenant notice ofsuch termination, in which case the Lease shall not terminate but shall continue.

It shall be reasonable for the Landlord to withhold its consent to any assignment or sublease in any of the following instances: (i) an Event of Default has occurred and is continuing that would not be cured upon the proposed sublease or assignment; (ii) the assignee or sublessee does not have a net worth which is consistent with net worth of other tenant's which Landlord is entering into leases with in the Premise; (iii) the intended use of the Premises by the assignee or sublessee is not consistent with the use provision herein; (iv) occupancy of the Premises by the assignee or sublessee would, in Landlord's opinion, violate an agreement binding upon Landlord with regard to the identity of tenants, usage in the Premise, or similar matters; (v) the identity or business reputation of the assignee or sublessee will, in the good faith judgment of Landlord, tend to damage the goodwill or reputation of the Premise; (vi) the assignment orsublet isto another tenant in the Premises and is at rates which are below those charged by Landlord for comparable space in the Premises and Landlord has space available in the Premises to accommodate the tenant's needs; (vii) in the case of a sublease, the subtenant has not acknowledged that the Lease controls over any inconsistent provision in the sublease; (viii) the proposed assignee or sublessee is a governmental agency; or (ix) there is vacant space in the Premises suitable for lease to the proposed sublessee or assignee.

Tenant and Landlord acknowledge that each of the foregoing criteria are reasonable as of the date of execution of this Lease. The foregoing criteria shall not exclude any other reasonable basis for Landlord to refuse its consent to such assignment or sublease. Any approved assignment or sublease shall be expressly subject to the terms and conditions of this Lease. Tenant shall provide to Landlord all information concerning the assignee or sublessee as Landlord may request.

Notwithstanding any assignment or subletting, Tenant shall at all times remain fully responsible and liable for the payment of the rent and for compliance with all of Tenant's other obligations under this Lease (regardless of whether Landlord's approval has been obtained for any such assignments or subletting's). In the event 167
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that the rent due and payable by a sublessee or assignee (or a combination of the rental payable under such sublease or assignment plus any bonus or other consideration therefor or incident thereto) exceeds the rental payable under this Lease, then Tenant sha11 be bound and obligated to pay Landlord as additional rent hereunder fifty percent (50%) ofsuch excess rental and other excess consideration ("Profit") within 10 daysfollowing receipt of each month's Profit thereof by Tenant.

Profit shall be further defined to take into consideration all of Tenant's costs in any assignment of subletting including but not limited to real estate commissions, legal fees, marketing costs, any improvement allowance or other economic concession (planning allowance, moving expenses, etc.), paid by Tenant to sublessee or assignee.

If this Lease be assigned or if the Premises be subleased (whether in whole or in part) or in the event of the mortgage, pledge, or hypothecation of Tenant's leasehold interest or grant of any concession or license within the Premises or if the Premises be occupied in whole or in part by anyone other than Tenant, then upon a default by Tenant hereunder Landlord may collect rent from the assignee, sublessee, mortgagee, pledgee, party to whom the leasehold interest was hypothecated, concessionee or licensee or other occupant and, except to the extent set forth in the preceding paragraph, apply the amount collected to the next rent payable hereunder; and all such rentals collected by Tenant shall be held in trust for Landlord and immediately forwarded to Landlord. No such transaction or collection of rent or application thereof by Landlord, however, shall be deemed a waiver of these provisions or a release of Tenant from the further performance by Tenant of its covenants, duties, or obligations hereunder.

17. Indemnification. Except for the negligence of Landlord, its agents, employees or contractors, and to the extent permitted by law, Tenant agrees to indemnify, defend and hold harmless Landlord, and Landlord's agents, employees and contractors, from and against any and all losses, liabilities, damages, costs and expenses (including attorneys' fees) resulting from claims by third parties for injuries to any person and damage to or theft or misappropriation or loss of property occurring in or about the Premise and arising from the use and occupancy of the Premises or from any activity, work, or thing done, permitted orsuffered by Tenant in or about the Premises or due to any other act or omission of Tenant, itssubtenants, assignees, invitees, employees, contractors and agents. The furnishing of insurance required hereunder shall not be deemed to limit Tenant's obligations.

18. Inspection and Access. Landlord and its agents, representatives, and contractors may enter the Premises with prior notice at any reasonable time to inspect the Premises and to make such repairs as may be required or permitted pursuant to this Lease and for any other business purpose. Landlord and Landlord's representatives may enter the Premises during business hours for the purpose of showing the Premises to prospective purchasers and, during the last 4 months of the Lease Term, to prospective tenants. Landlord may erect or post a suitable sign on the Premises stating the Premises are available to let. Landlord may grant easements, make public dedications, designate common areas and create 168
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restrictions on or about the premises, provided that no such easement, dedication, designation or restriction materially interferes withTenant's use or occupancy ofthe Premises. At Landlord's request, Tenant shall execute such instruments as may be necessary for such easements, dedications or restrictions.

19. Quiet Enjoyment. If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.

20. Surrender. Upon termination ofthe Lease Term or earlier Termination of Tenant's right of possession, Tenant shall surrender the Premises to Landlord in the same condition as received, broom clean, ordinary wear and tear and casualty loss and condemnation. AnyTrade Fixtures, Tenant-Made Alterations and property not so removed by Tenant as permitted or required herein shall be deemed abandoned and may be stored, removed, and disposed of by Landlord at Tenant's expense, and Tenant waives all claims against Landlord for any damages resulting from Landlord's retention and disposition of such property. All obligations of Tenant hereunder not fully performed as of the termination of the Lease Term shall survive the termination of the Lease Term, including without limitation, indemnity obligations, payment obligations with respect to Operating Expenses and obligations concerning the condition and repair of the Premises.

21. Holding Over. If Tenant retains possession of the Premises after the termination of the Lease Term, unless otherwise agreed in writing, such possession shall be subject to immediate termination by Landlord at any time, and all of the other Terms and provisions of this Lease (excluding any expansion or renewal option or other similar right or option) shall be applicable during such holdover period, except that Tenant shall pay Landlord from time to time, upon demand, as Base Rent for the holdover period, an amount equal to 150 percent the Base Rent in effect on the Termination date, computed on a monthly basis for each month or part thereof during such holding over. All other payments shall continue under the terms of this Lease. In addition, Tenant shall be liable for all damages incurred by Landlord as a result ofsuch holding over. No holding over by Tenant, whether with or without consent of Landlord, shall operate to extend this Lease except as otherwise expressly provided shall not be construed as consent for Tenant to retain possession of the Premises. "Possession of the Premises" shall continue until, among other things, Tenant has delivered all keys to the Premises to Landlord, Landlord has completed and total dominion and control over the Premises, and Tenant has completely fulfilled all obligations required of it upon termination of the Lease as set forth in this Lease, including, without limitation, those concerning the condition and repair of the Premises.
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22. Events of Default. Each of the following events shall be an event of default ("Event of Default") by Tenant under this Lease:

Tenant shall fail to pay any installment of Base Rent or any other payment required herein when due, and such failure shall continue for a period of 30 business days from the date such payment was due.

Tenant or any guarantor or surety of Tenant's obligations hereunder shall (A) make a general assignment for the benefit of creditors; (B) commence any case, proceeding or other action seeking to have an order for relief entered on its behalf as a debtor or to adjudicate it as bankrupt or insolvent, or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or seeking appointment of a receiver, trustee, custodian or other similar official for it or for all or of any substantial part of its property (collectively a "proceeding for relief'); (C) become the subject of any proceeding for relief which is not dismissed within 60 days of its filing or entry; or (D) die or suffer a legal disability (if Tenant, guarantor, or surety is an individual) or be dissolved or otherwise fail to maintain its legal existence (if Tenant, guarantor or surety is a corporation, partnership or other entity).

Any insurance required to be maintained by the Tenant pursuant to this Lease shall be cancelled or terminated orshall expire orshall be reduced or materially changed, except, in each case, as permitted in this Lease.

Tenant shall not occupy or shall vacate the Premises or shall fail to continuously operate its business at the Premises for the permitted use set forth herein, whether or not Tenant is in monetary or other default under this Lease. Tenant's vacating of the Premises shall not constitute an Event of Default if, prior to vacating the Premises, Tenant has made arrangements reasonably acceptable to Landlord to (a) insure that Tenant'sinsurance for the Premises will not be voided or cancelled with respect to the Premises as a result ofsuch vacancy, (b) insure that the Premises are secured and not subject to vandalism, and (c) insure that the Premises will be properly maintained after such vacation. Tenant shall inspect the Premises at least once each month and report monthly in writing to Landlord on the condition of the Premises.

There shall occur any assignment, subleasing or other transfer of Tenant's interest in or with respect to this Lease except as otherwise permitted in this Lease.

Tenant shall fail to discharge any lien placed upon the Premises in violation of this Lease within 30 days after Tenant's receipt of notice of any such lien or encumbrance is filed against the Premises.

Tenant shall fail to comply with any provision of this Lease other than those specifically referred to in this Paragraph 24, and except as otherwise expressly provided herein, such default shall continue for more than 30 days after Landlord shall have given Tenant written notice of such default. 170
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23. Landlord's Remedies. Upon each occurrence of an Event of Default and so long as such Event of Default shall be continuing, Landlord may at any time thereafter at its election: terminate this Lease or Tenant's right of possession, (but Tenant shall remain liable as hereinafter provided) and/or pursue any other remedies at law or in equity not to exceed 90 days after tenant has vacated premises. Upon the Termination of this Lease or termination of Tenant's right of possession, it shall be lawful for Landlord, without formal demand or notice of any kind, to re-enter the Premises by summary dispossession proceedings or any other action or proceeding authorized by law and to remove Tenant and all persons and property therefrom. If Landlord re-enters the Premises, Landlord shall have the right to keep in place and use, or remove and store, all of the furniture, fixtures and equipment at the Premises.

Except as otherwise provided in the next paragraph, if Tenant breaches this Lease and abandons the Premises prior to the end of the term hereof, or if Tenant's right to possession is terminated by Landlord because of an Event of Default by Tenant under this Lease, this Lease shall terminate. Upon such termination, Landlord may recover from Tenant the following, as provided in Section 1951.2 of the Civil Code of California: (i) the worth at the time of award of the unpaid Base Rent and other charges under this Lease that had been earned at the time of termination; (ii) the worth at the time of award of the amount by which the reasonable value of the unpaid Base Rent and other charges under this Lease which would have been earned after termination until the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; (iii) the worth at the time of the award by which the reasonable value of the unpaid Base Rent and other charges under this Lease for the balance of the term of this Lease after the time of award exceeds the amount of such rental loss that Tenant proves could have been reasonably avoided; and (iv) any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or that in the ordinary course of things would be likely to result therefrom. As used herein, the following terms are defined: (a) the "worth at the time of award" of the amounts referred to in Sections (i) and (ii) is computed by allowing interest at the lesser of IO percent per annum or the maximum lawful rate. The "worth at the time of award" of the amount referred to in Section (iii) is computed by discounting such amount at the discount rate of the Federa1 Reserve Bank of San Francisco at the time of award plus one percent; (b) the "time of award" as used in c1auses (i), (ii), and (iii) above is the date on which judgment is entered by a court of competent jurisdiction; (c) The "reasonable value" of the amount referred to in clause (ii) above is computed by determining the mathematical product of (1) the "reasonable annual rental value" (as defined herein) and (2) the number of years, including fractional parts thereof, between the date of termination and the time of award. The "reasonable value" of the amount referred to in clause (iii) is computed by determining the mathematical product of (1) the annual Base Rent and other charges under this Lease and (2) the number of years including fractional parts thereof remaining in the balance of the term of this Lease after the time of award.
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Even though Tenant has breached this Lease and abandoned the Premises, this Lease shall continue in effect for so long as Landlord does not terminate Tenant's right to possession, and Landlord may enforce all itsrights and remedies under this Lease, including the right to recover rent as it becomes due. This remedy is intended to be the remedy described in California Civil Code Section 1951.4 and the following provision from such Civil Code Section is hereby repeated: "The Lessor has the remedy described in California Civil Code Section 1951.4 (lessor may continue lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations)." Any such payments due Landlord shall be made upon demand therefor from time to time and Tenant agrees that Landlord may file suit to recover any sums falling due from time to time. Notwithstanding any such reletting without termination, Landlord may at any time thereafter elect in writing to terminate this Lease for such previous breach.

Exercise by Landlord of any one or more remedies hereunder granted or otherwise available shall not be deemed to be an acceptance of surrender of the Premises and/or a termination of this Lease by Landlord, whether by agreement or by operation of law, it being understood that such surrender and/or termination can be affected only by the written agreement of Landlord and Tenant. Any law, usage, or custom to the contrary notwithstanding, Landlord shall have the right at all times to enforce the provisions of this Lease in strict accordance with the terms hereof; and the failure of Landlord at any time to enforce itsrights under this Lease strictly in accordance with same shall not be construed as having created a custom in any way or manner contrary to the specific Terms, provisions, and covenants of this Lease or as having modified the same. Tenant and Landlord further agree that forbearance or waiver by Landlord to enforce its rights pursuant to this Lease or at law or in equity, shall not be a waiver of Landlord's right to enforce one or more of its rights in connection with any subsequent default. A receipt by Landlord of rent or other payment with knowledge of the breach of any covenant hereofshall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. To the greatest extent permitted by law, Tenant waives the service of notice of Landlord's intention to re-enter as provided for in any statute, or to institute legal proceedings to that end, and also waives all right of redemption in case Tenant shall be dispossessed by a judgment or by warrant of any court or judge. The terms "enter," "re-enter," "entry" or "re-entry," as used in this Lease, are not restricted to their technical legal meanings. Any reletting of the Premises shall be on such terms and conditions as Landlord in its sole discretion may determine (including without limitation a term different than the remaining Lease Term, rental concessions, alterations and repair of the Premises, lease of less than the entire Premisesto any tenant and leasing any or all other portions of the Premise before reletting the Premises). Landlord shall not be liable, nor shall Tenant's obligations hereunder be diminished because of, Landlord's failure to relet the Premises or collect rent due in respect of such reletting. 172
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24. Tenant's Remedies/Limitation of Liability. Landlord shall not be in default hereunder unless Landlord fails to perform any of its obligations hereunder within 15 days after written notice from Tenant specifying such failure (unless such performance will, due to the nature of the obligation, require a period of time in excess of 15 days, then after such period of time as is reasonably necessary). All obligations of Landlord hereunder shall be construed as covenants, not conditions; and, except as may be otherwise expressly provided in this Lease, Tenant may not terminate this Lease for breach of Landlord's obligations hereunder. All obligations of Landlord under this Lease will be binding upon Landlord only during the period of its ownership of the Premises and not thereafter. The Term "Landlord" in this Lease shall mean only the owner, for the time being of the Premises, and in the event of the transfer by such owner of itsinterest in the Premises, such owner shall thereupon be released and discharged from all obligations of Landlord thereafter accruing, but such obligations shall be binding during the Lease Term upon each new owner for the duration of such owner's ownership. Any liability of Landlord under this Lease shall be limited solely to itsinterest in the Premise, and in no event shall any personal liability be asserted against Landlord in connection with this Lease nor shall any recourse be had to any other property or assets of Landlord.

25. Waiver of Jury Trial TENANT AND LANDLORD WAIVE ANY

RIGHT TO TRIAL BY JURY OR TO HAVE A JURY PARTICIPATE IN

RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT,

TORT, OR OTHERWISE, BETWEEN LANDLORD AND TENANT ARISING

OUT OF THIS LEASE OR ANY OTHER INSTRUMENT, DOCUMENT, OR

AGREEMENT EXECUTED OR DELIVERED IN CONNECTION HEREWITH
OR THE TRANSACTIONS RELATED HERETO.

26. Subordination. This Lease and Tenant'sinterest and rights hereunder are and shall be subject and subordinate at all times to the lien of any mortgage, now existing or hereafter created on or against the Premises, and all amendments, restatements, renewals, modifications, consolidations, refinancing, assignments and extensions thereof, without the necessity of any further instrument or act on the part of Tenant. Tenant agrees, at the election of the holder of any such mortgage, to attorn to any such holder. Tenant agrees upon demand to execute, acknowledge and deliver such instruments, confining such subordination and such instruments of atonement as shall be requested by any such holder. Notwithstanding the foregoing, any such holder may at any time subordinate its mortgage to this Lease, without Tenant's consent, by notice in writing to Tenant, and thereupon this Lease shall be deemed prior to such mortgage without regard to their respective dates of execution, delivery or recording and in that event such holder shall have the same rights with respect to this Lease asthough this Lease had been executed prior to the execution, delivery and recording ofsuch mortgage and had been assigned to such holder. The term "mortgage" whenever used in this Lease shall be deemed to include deeds of trust, security assignments and any other encumbrances, and any reference to the "holder" of a mortgage shall be deemed to include the beneficiary under a deed of trust.
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27. Mechanic's Liens. Tenant has no express or implied authority to create or place any lien or encumbrance of any kind upon, or in any manner to bind the interest of Landlord or Tenant in, the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises and that it will save and hold Landlord harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the interest of Landlord in the Premises or under this Lease. Tenant shall give Landlord immediate written notice of the placing of any lien or encumbrance against the Premises and cause such lien or encumbrance to be discharged within 30 days of the filing or recording thereof; provided, however, Tenant may contest such liens or encumbrances aslong assuch contest prevents foreclosure of the lien or encumbrance and Tenant causessuch lien or encumbrance to be bonded or insured over in a manner satisfactory to Landlord within such 30-day period. Landlord may require tenant to provide to Landlord all documentsto establish payment by Tenant for all work performed by third parties.

28. Estoppel Certificates. Tenant agrees, from time to time, within 10 days after request of Landlord, to execute and deliver to Landlord, or Landlord's designee, any estoppel certificate requested by Landlord, stating that this Lease isin full force and effect, the date to which rent has been paid, that Landlord is not in default hereunder (or specifying in detail the nature of Landlord's default), the Termination date of this Lease and such other matters pertaining to this Lease as may be requested by Landlord. Tenant's obligation to furnish each estoppel certificate in a timely fashion is a material inducement for Landlord's execution of this Lease. No cure or grace period provided in this Lease shall apply to Tenant's obligations to timely deliver an estoppel certificate.

29. Environmental Requirements. Except for Hazardous Material contained in products used byTenant in de minimis quantities for ordinary cleaning and office purposes, Tenant shall not permit or cause any party to bring any Hazardous Material upon the Premises or transport, store, use, generate, manufacture or release any Hazardous Material in or about the Premises without Landlord's prior written consent. Tenant, at its sole cost and expense, shall operate its business in the Premises in strict compliance with all Environmental Requirements and shall remediate in a manner satisfactory to Landlord any Hazardous Materials released on or from the Premises by Tenant, its agents, employees, contractors, subtenants or invitees. Tenant shall complete and certify to disclosure statements as requested by Landlord from time to time relating to Tenant's transportation, storage, use, generation, manufacture or release of Hazardous Materials on the Premises. The Term "Environmental Requirements" means all applicable present and future statutes, regulations, ordinances, rules, codes, judgments, orders or other similar enactments of any governmental authority or agency regulating or relating to health, safety, or environmental conditions on, under, or about the Premises or the environment, including without limitation, the following: the Comprehensive 174
Item 10.

Environmental Response, Compensation and Liability Act; the Resource Conservation and Recovery Act; and all state and local counterparts thereto, and any regulations or policies promulgated or issued thereunder. The term "Hazardous Materials'' means and includes any substance, material, waste, pollutant, or contaminant listed or defined as hazardous or toxic, under any Environmental Requirements, asbestos and petroleum, including crude oil or any fraction thereof, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). As defined in Environmental Requirements, Tenant is and shall be deemed to be the "operator" of Tenant's "facility" and the "owner" of all Hazardous Materials brought on the Premises by Tenant, its agents, employees, contractors or invitees, and the wastes, byproducts, or residues generated, resulting, or produced therefrom.

Tenant shall indemnify, defend, and hold Landlord harmless from and against any and all losses (including, without limitation, diminution in value of the Premises and loss of rental income from the Premise), claims, demands, actions, suits, damages (including, without limitation, punitive damages), expenses (including, without limitation, remediation, removal, repair, corrective action, or cleanup expenses), and costs (including, without limitation, actual attorneys' fees, consultant fees or expert fees and including, without limitation, removal or management of any asbestos brought into the property or disturbed in breach of the requirements, regardless of whether such removal or management is required by law) which are brought or recoverable against, or suffered or incurred by Landlord as a result of any release of Hazardous Materials for which Tenant is obligated to remediate as provided above or any other breach of the requirements by Tenant, its agents, employees, contractors, subtenants, assignees or invitees, regardless of whether Tenant had knowledge of such noncompliance. The obligations of Tenant shall survive any termination of this Lease.

Landlord shall have access to, and a right to perform inspections and tests of, the Premises to determine Tenant's compliance with Environmental Requirements, its obligations, or the environmental condition of the Premises. Access shall be granted to Landlord upon Landlord's prior notice to Tenant and at such times so as to minimize, so far as may be reasonable under the circumstances, any disturbance to Tenant's operations. Such inspections and tests shall be conducted at Landlord's expense, unless such inspections or tests reveal that Tenant has not complied with any Environmental Requirement, in which case Tenant shall reimburse Landlord for the reasonable cost of such inspection and tests. Landlord's receipt of or satisfaction with any environmental assessment in no way waives any rights that Landlord holds against Tenant.

30. Rules and Regulations. Tenant shall, at all times during the Lease Term and any extension thereof, comply with all reasonable rules and regulations at any time or from time to time established by Landlord covering use of the Premises.

The current rules and regulations are attached hereto. In the event of any conflict between said rules and regulations and other provisions of this Lease, the other terms and provisions of this Lease shall control. Landlord shall not have any 175
Item 10.
liability or obligation for the breach of any rules or regulations by other tenants in the Premise.

31. Security Service. Tenant acknowledges and agrees that, while Landlord may patrol the Premise, Landlord is not providing any security services with respect to the Premises and that Landlord shall not be liable to Tenant for, and Tenant waives any claim against Landlord with respect to, any loss by theft or any other damage suffered or incurred by Tenant in connection with any unauthorized entry into the Premises or any other breach ofsecurity with respect to the Premises.

32. Force Majeure. Landlord shall not be held responsible for delays in the performance of its obligations hereunder when caused by strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, governmental regulations, governmental controls, delay in issuance of permits, enemy or hostile governmental action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of Landlord ("Force Majeure").

33. Entire Agreement. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof. No representations, inducements, promises or agreements, oral or written, have been made by Landlord or Tenant, or anyone acting on behalf of Landlord or Tenant, which are not contained herein, and any prior agreements, promises, negotiations, or representations are superseded by this Lease. This Lease may not be amended except by an instrument in writing signed by both parties hereto.

34. Severability. If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future laws, then and in that event, it is the intention of the parties hereto that the remainder of this Lease shall not be affected thereby. It is also the intention of the parties to this Lease that in lieu of each clause or provision of this Lease that isillegal, invalid or unenforceable, there be added, as a part of this Lease, a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable.

35. Brokers. Tenant represents and warrants that it has dealt with no broker, agent or other person in connection with this transaction and that no broker, agent or other person brought about thistransaction, otherthan the broker, if any,set forth on the first page of this Lease, and Tenant agrees to indemnify and hold Landlord harmless from and against any claims by any other broker, agent or other person claiming a commission or other form of compensation by virtue of having dealt with Tenant with regard to this leasing transaction.
176
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36. Miscellaneous.
(a) Any payments or charges due from Tenant to Landlord hereunder shall be considered rent for all purposes of this Lease.
(b) If and when included within the term "Tenant," as used in this instrument, there is more than one person, firm or corporation, each shall be jointly and severally liable for the obligations of Tenant.
(c) All notices required or permitted to be given under this Lease shall be in writing and shall be sent by certified mail, return receipt requested, or by handdelivery addressed to the parties at their addresses below, and with a copy sent to Landlord at City of Oroville, Attn: City Administrator, 1735 Montgomery Street, Oroville, California, 95965. Either party may by notice given aforesaid change its address for all subsequent notices. Except where otherwise expressly provided to the contrary, notice shall be deemed given upon delivery. Any issues regarding the safe use and operation of the facility as a result of a defect or damage to the facility shall be reported immediately to the Landlord or Landlord's representative either in person or by telephone.
(d) Except as otherwise expressly provided in this Lease or as otherwise required by law, Landlord retains the absolute right to withhold any consent or approval.
(e) The nominal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Lease or any exhibits or amendments hereto.
(f) The submission by Landlord to Tenant of this Lease shall have no binding force or effect, shall not constitute an option for the leasing of the Premises, nor confer any right or impose any obligations upon either party until execution of this Lease by both parties.
(g) Words of any gender used in this Lease shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The captions inserted in this Lease are for convenience only and in no way define, limit or otherwise describe the scope or intent of this Lease, or any provision hereof, or in any way affect the interpretation of this Lease.
(h) Any amount not paid by Tenant within 15 days after its due date in accordance with the terms of this Lease shall bear interest from such due date until paid in full at the lesser of the highest rate permitted by applicable law or IO percent per year. It is expressly the intent of Landlord and Tenant at all times to comply with applicable law governing the maximum rate or amount of any interest payable on or in connection with this Lease.
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If applicable law is ever judicially interpreted so as to render usurious any interest called for under this Lease, or contracted for, charged, taken, reserved, or received with respect to this Lease, then it is Landlord's and Tenant's express intent that all excess amounts theretofore collected by Landlord be credited on the applicable obligation (or, if the obligation has been or would thereby be paid in full, refunded to Tenant), and the provisions of this Lease immediately shall be deemed reformed and the amounts thereafter collectible hereunder reduced, without the necessity of the execution of any new document, so as to comp]y with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder. (i) Construction and interpretation of this Lease shall be governed by the laws of the state in which the Premisesislocated, excluding any principles of conflicts of laws.

G) Time is of the essence as to the performance of Tenant's obligations under this Lease.
(k) All exhibits and addenda attached hereto are hereby incorporated into this Lease and made a part hereof. In the event of any conflict between such exhibits or addenda and the Terms of this Lease, such exhibits or addenda shall control. (1) In the event either party hereto initiates litigation to enforce the terms and provisions of this Lease, the non-prevailing party in such action shall reimburse the prevailing party for its reasonable attorney's fees, filing fees, and court costs. (n) In the event the total square footage and/or the footprint of the Leased Premises is modified by Landlord for purposes of practicality in compliance with any state or federal law, including but not limited to the Americans with Disabilities Act, Tenant agrees to accept such modifications without compensation. In the event Tenant reasonably believes such modifications prevent Tenant's Use of the Premises Tenant's sole remedy is to meet and confer with Landlord to seek voluntary modification of the Lease. (o) Lessee shall have ability to use facility with advance notice to Tenant.

Known annual events include Salmon Festival, Arbor Day and during election times. Additional events may include but are not limited: holiday events and/or department events (which would need to be coordinated in advance with Tenant).

37. Landlord's Lien/Security Interest.

If a lessee of real property breaches the lease and abandons the property before the end of the term or if his right to possession is terminated by the lessor because of a breach of the lease, the lease terminates. Upon such termination, the lessor may recover from the lessee:
(1) The worth at the time of award of the unpaid rent which had been earned at the time of termination;
(2) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the lessee proves could have been reasonably avoided;
(3) Subject to subdivision (c), the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds 178
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the amount of such rental loss that the lessee proves could be reasonably avoided; and
(4) Any other amount necessary to compensate the lessor for all the detriment proximately caused by the lessee's failure to perform his obligations under the lease or which in the ordinary course of things would be likely to result therefrom. (b) The “worth at the time of award” of the amounts referred to in paragraphs (1) and (2) of subdivision (a) is computed by allowing interest at such lawful rate as may be specified in the lease or, if no such rate is specified in the lease, at the legal rate. The worth at the time of award of the amount referred to in paragraph (3) of subdivision (a) is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percent. (c) The lessor may recover damages under paragraph (3) of subdivision (a) only if:
(1) The lease provides that the damages he may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award, or for any shorter period of time specified in the lease, exceeds the amount of such rental loss for the same period that the lessee proves could be reasonably avoided; or
(2) The lessor relet the property prior to the time of award and proves that in reletting the property he acted reasonably and in a good-faith effort to mitigate the damages, but the recovery of damages under this paragraph is subject to any limitations specified in the lease.
(d) Efforts by the lessor to mitigate the damages caused by the lessee's breach of the lease do not waive the lessor's right to recover damages under this section. (e) Nothing in this section affects the right of the lessor under a lease of real property to indemnification for liability arising prior to the termination of the lease for personal injuries or property damage where the lease provides for such indemnification.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this 6 th d a y o f
A u g u s t , 2 0 2 4 .

CITY OF OROVILLE FEATHER RIVER RECREATION AND

PARK DISTRICT
By: ____________________________ By: _____________________________ David Pittman, Mayor Scott Kent Fowler, Chair
By: _____________________________
Robert Brian Wilson, General
Manager
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: ____________________________ By: _____________________________ Scott E. Huber, City Attorney
ATTEST:

By: ____________________________
Brian Ring, City Clerk
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CITY OF OROVILLE

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

ADMINISTRATIVE SERVICES
RE: DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT ANNUAL 2024-25 FISCAL YEAR BUDGET
DATE: August 6, 2024

SUMMARY
The Council may receive the 2024-25 annual budget for the Oroville Downtown Business Improvement District (BID).

DISCUSSION
Pursuant to section 5.06.100 of Ordinance – No. 1839 the Council will review and approve the annual budget for the Oroville Downtown Business Association. Pursuant to said Ordinance, the City shall not adopt, modify or amend the proposed budget unless a written majority protest exists from business owners which pay 50% or more of the assessments.

FISCAL IMPACT
None

RECOMMENDATION
Approve fiscal year 2024-25 budget.

ATTACHMENTS
BID annual budget for 2024-25
Ordinance No. 1839
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Item 11.

Oroville Downtown Business Association Annual Budget
ODBA Mission: Downtown Oroville works to ensure the prosperity of downtown businesses in the Historic Downtown District through an ongoing program of events, tourism initiatives, and improvements to safety and beautification.

Annual Budget for 2024/2025
$21,350 Total Membership Income
$12,810 Marketing (60% of Membership Income)
$8,540 Beautification (40% of Membership Income)
Marketing Efforts (Advertising, Promotion, Booth, and Events) 60%: $12,810 ● Website: Update member business web pages, events, management, and hosting ● Social Media Management, shared posts of all BID members, boosting posts and engagement ● Downtown Oroville Welcome Booth: First Fridays, Third Fridays, and Special Events ● Print Collateral: Posters, Maps, Counter Card Flyers, Banners ● Press: Press Release and phone interviews with Oroville MR ● Email Blast: Monthly email with news, meeting info, and events ● Event Coordinators
Beautification Efforts 40%: $8,540
● Paint Light Poles
● Improve and maintain planters
● Eliminate litter
● Install seasonal flags
● Provide more string lights and bulbs
● Encourage historic preservation
https://www.downtownoroville.com • [email protected] • (530) 922-2599 182
Item 11.

ORDINANCE NO. 1839

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE, ADDING CHAPTER 5.06 TO THE OROVILLE MUNICIPAL CODE ESTABLISHING THE DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT.

RECITALS
WHEREAS, on February 19, 2019, the City Council of OROVILLE, on behalf of the City of OROVILLE, (the "City"), adopted a Resolution of Intent (the “Resolution”), declaring its intention to establish a Parking and Business Improvement District (hereinafter referred to as the "District"), to levy a benefit assessment on all businesses, trades, professions, and vendors within said District, the proceeds of which shall be used for the public purposes herein described to benefit the businesses in the District, pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 (commencing with Section 36500) of Division 18 of the California Streets and Highways Code (the "Act"); and,
WHEREAS, pursuant to the Act and the Resolution, City conducted a public hearing, after having given due notice thereof as required by law, on March 19, 2019, at Council Chambers at City Hall, located at 1735 Montgomery Street, Oroville, CA 95965; and, WHEREAS, said public hearing has been held and the City Council has heard and considered all oral and written protests and other comments regarding such proposed actions; and, WHEREAS, protests in writing from businesses in the proposed District paying 50% or more of the proposed assessment have not been received by April 9, 2019; and, WHEREAS, this City Council has now determined to establish the proposed District as a Parking and Business Improvement Area, to provide for the imposition of a benefit assessment and to adopt an ordinance to such effect; and,
WHEREAS, in the opinion of this City Council, the businesses within the District will be benefited by the expenditure of the funds raised by the assessments levied hereby in the manner prescribed herein; and,
WHEREAS, this City Council may, for each of the purposes set forth in Section 36510 & 36513 of the Act, establish one or more separate benefit zones based upon the degree of benefit derived from the formation of the District, and may impose a tiered assessment or charge within each of the benefit zones; and,
WHEREAS, all provisions of the Act applicable to the establishment, modification, or disestablishment of a District shall apply to the establishment, modification, or disestablishment of benefit zones pursuant to the Act, and the establishment or the modification of any benefit zone shall follow the same procedure as provided for under the establishment of a Parking and 183
Item 11.

Business Improvement District; and the disestablishment of a benefit zone shall follow the same procedure as provide for disestablishment of a District; and, WHEREAS, upon the request of the District Board of Directors, this City Council shall commence the proceedings required by law to amend the boundaries, assessments or charges established pursuant to this Ordinance subject to approval of the Board of Directors of the District as expressly provided for herein; said modifications being made pursuant to the procedural requirements of the Act, but no assessment or charge shall be modified which would impair the ability of the District to meet the obligations of a contract to construct or operate physical improvements or to market or conduct events in the District; and, WHEREAS, adjustments may be made in the assessments or charges to businesses in the District, or in the uses to which the revenue shall be put, as specified in this Ordinance and subject to Board approval, provided such changes are approved by the District Board of Directors and are made by a supplemental Ordinance adopted after a hearing before the City Council; and,
WHEREAS, for purposes of the assessments or charges to be imposed pursuant to this Ordinance, this City Council may make a reasonable classification of businesses, giving consideration to various factors, including general benefit to businesses and the degree of benefit received from District programs; and,
WHEREAS, the assessments or charges levied on businesses pursuant to this Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within the District.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OROVILLE DOES ORDAIN AS FOLLOWS:

SECTION 1. CHAPTER 5.06 is hereby added to the OROVILLE Municipal Code to read as follows:

CHAPTER 5.06 – DOWNTOWN OROVILLE BUSINESS IMPROVEMENT DISTRICT.

Sections:

5.06.010 Definitions

5.06.020 Establishment of Boundaries

5.06.030 Establishment of District Board of Directors

5.06.040 Establishment of Benefit Assessment

5.06.050 Purpose and Use of Benefit Assessments

5.06.060 Exclusions From Benefit Assessment

5.06.070 New Business Assessment Waiver

5.06.080 Collection of Benefit Assessment

5.06.090 Voluntary Contributions To District

5.06.100 Annual Budget Process

5.06.110 Decisions Regarding Expenditure of Funds
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5.06.120 District Proceeds Do Not Offset City Services

5.06.130 Disestablishment of the District

5.06.010 Definitions. To distinguish between District businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply:
(a) Retail Businesses: "Retail Businesses" include all businesses not covered by other definitions set out in this section, at least fifty percent (50%) of whose gross income is derived from "retail sales" as that term is defined under the California Sales and Use Tax Law. The fact that a substantial part of its business consists of sales other than retail sales does not exclude said business from this classification so long as such other business component does not account for more than fifty percent (50%) of said business' gross income;
(b) Restaurants: "Restaurant" businesses include cafes, eating establishments, sandwich shops, dinner houses, restaurants and fast food services and other similar businesses;
(c) Sales and Service: "Sales and Service" businesses include businesses that combine retail and product services. Examples are appliance stores, most automotiveoriented businesses, repair shops, repairing and servicing businesses and service stations.

Other businesses of a general service-type nature such as personal care salons, lodging, general office, news and advertising media, printers, renting and leasing businesses, utilities, vending machine businesses, household finance companies, entertainment businesses and other similar businesses not otherwise included in categories a, b, d, or e are included in this section;
(d) Professional: "Professional" includes attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical / health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists, photographers and designers.
(e) Financial: Banks, savings & loans, credit unions, etc. (f) Fiscal Year: "Fiscal Year" means July 1st to and including June 30th of the following calendar year.
(g) Billing Period: "Billing Period" shall refer to the fiscal year, commencing July 1 of the initial year and each and every year thereafter unless disestablished per Section 1 paragraph 14.0 of this Ordinance.

5.06.020 Establishment of Boundaries. A Parking and Business Improvement District is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. The boundaries of the District and the benefit zones within the District shall be as set forth on Exhibit "A", attached hereto and incorporated herein by reference. This District shall be known as the "Downtown Oroville Business Improvement District," (the "District"). 185
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5.06.030 Establishment of District Board of Directors. There shall be a Board of Directors ("Board") of the District to administer the affairs of the District. Said Board shall be constituted of businesses within the District. Within the Board there shall be a President, Vice-President, Secretary and Treasurer elected by the membership, and such other officers as deemed necessary by the Board. Such other officers shall be appointed by the Board of Directors at their discretion. All voting within the District regarding election of Board Members and any actions regarding the normal and routine conducting of District Business shall be based on one (1) vote per assessed dollar, and said business must be current in payment of their District assessment(s) to participate in such votes.

5.06.040 Establishment of Benefit Assessment. All businesses, trades, and professionals located within the District shall, commencing July 1, 2019, pay a annual benefit assessment to the District in the following amounts:

Zones of Benefit: Zone A Zone B
Retailers and restaurants (Small) $250 $150
(Large) $350 $150
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Service $200 $100
Businesses
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Professional $200 $100
Businesses
Financial $500 $500
A) The average benefit assessment is $196.37 per year
B) Zones of benefit are determined by the Map in Exhibit A of the Resolution of Intent.

C) Size category is determined by number of full-time employees as follows:
• Small is 1-3 full-time employees including Owner
• Large is 4 or more full-time employees including Owner.

D) Business type definitions are as follows:
• Retail and Restaurant: Businesses that buy and resell goods, examples are clothing stores, shoe stores, office supplies as well as businesses that sell prepared foods. • Service Businesses: Businesses that sell services. Examples are beauty and barber shops, repair shops, most automotive-oriented businesses, lodging businesses, entertainment businesses such as theaters, etc.
• Professional Businesses: Includes Architects, Engineers, Attorneys, Dentists, 186
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Doctors, Accountants, Optometrists, Realtors, Insurance Offices, Mortgage Brokers and most other businesses that require advanced and/or specialized licenses and/or advanced academic degrees.
• Financial Institutions: Includes banking and savings and loan institutions as well as credit unions, etc.

5.06.050 Purpose and Use of Benefit Assessments. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District are to be determined by the Board of Directors of the ODBA, but initially 40% to Civic Beautification and Signage Programs and 60% to Commercial Marketing and Special Events, generally as follows:
a. The acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following improvements:
(1) Benches;
(2) Trash receptacles;
(3) Decorations;
(4) Facade improvements;
(5) Permanent landscaping
b. Activities including but not limited to the following:
(1) promotion of public events which benefit businesses in the area and which take place on or in public places within the area; (2) Furnishing of music in any public place in the area; (3) Any other activities which benefit businesses located and operating in the area, including but not limited to downtown markets, commercial marketing, advertising and promotional programs.

5.06.060 Exclusions From Benefit Assessment. No person or business within the District shall be required to pay an assessment based on: (a) a residential use of the property within the District, or (b) a non-profit organization as defined by Section 501 (C) (3) or (C) (6) of the Internal Revenue Service Code.

5.06.070 New Business Assessment Waiver. Any new business established within the District shall not be required to pay an assessment for the Billing Period during which said business is initiated. The business will have been considered initiated on the date of issuance of the business license. This waiver shall not apply to an existing business that has changed ownership or location within the District. City agrees to supply the District with timely information regarding new businesses initiated within the District.

5.06.080 Collection of Benefit Assessment. The benefit assessment authorized by Section 5.06.040 for Oroville businesses shall be billed each calendar year on January 1, and collected on July 1. The City will bill and collect the assessments, at no charge to the District and forward all funds collected to the District within 30 days of collection. 187
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5.06.090 Voluntary Contributions To District. Contributions to the District shall be permitted on a voluntary basis. The boundary of the District shall not be modified as a result of the contribution. Said contributing business may be considered a member of the District for voting or other purposes upon approval by the board of directors. However, said business making a voluntary contribution may be entitled to participate in the programs of the District upon a finding by the Board of Directors that the District derives a benefit from said business' participation in the program.

5.06.100 Annual Budget Process. Pursuant to the Act, it shall be necessary for the District Board of Directors to present an annual budget for City Council review and approval prior to the beginning of each Fiscal Year. The purpose of this process is to comply with the Act provisions regarding public notice and hearing prior to establishing the benefit assessments for the following Fiscal Year. City shall not adopt, modify or otherwise amend any Fiscal Year budget of the District that is inconsistent in any way with said Fiscal Year's budget as agreed to and presented by the District Board of Directors except in the case of a written majority protest (regarding elimination or modification of any specific budget item) from business owners which will pay 50% or more of the assessments proposed to be levied as to any specific budget item pursuant to GC Section 36525 (b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the District's proposed budget pursuant to the written protest.

5.06.110 Decisions Regarding Expenditure of Funds. As provided for within the guidelines of Streets and Highways Code Section 36500 et seq. (SB 1424 - Parking & Business Improvement Law of 1989, Chapter 2), decisions of the District Board of Directors regarding expenditure of all funds generated under this program shall be final.

5.06.120 District Proceeds Do Not Offset City Services. City specifically finds and declares that the funds derived from the District shall not be used to offset or diminish current maintenance, capital improvement programs, including but not limited to, public property and sidewalk cleaning, street cleaning and maintenance, tree maintenance, restroom cleaning and maintenance. The City declares its intent to provide at least the same level and standard of maintenance and repair of public property within the District providing City funds are available from year to year.

5.06.130 Disestablishment of the District. Proceeding to disestablish the District shall be initiated by the City Council following the presentation of a petition to the City Council signed by business owners paying 50% or more of the assessments levied in the District. Proceedings to disestablish the District shall follow the procedures set forth in GC Section 36550. The City Council shall disestablish the District if, following the public hearing prescribed in Section 36550 (b), written protests are not withdrawn as to reduce the protests below the 50% level. In the event of disestablishment of the District, remaining revenues of the District shall be refunded to paying business owners in a prorata manner calculated in the same manner as was used to establish the most recent assessments applied in the District.
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SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance, it being expressly declared that this ordinance and each section, subsection, clause and phrase hereof would have been prepared, proposed, adopted, approved and ratified irrespective of the fact that any one or more other sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

SECTION 3. The City Clerk shall attest to the adoption of this Ordinance and cause same to be published in the manner required by the City Charter.

This Ordinance shall take effect on the 30th day after its adoption.

PASSED AND ADOPTED by the Oroville City Council at an regular meeting held on this 7th day of May, 2019, by the following vote:

YES:

NOES:

ABSTAIN:

ABSENT:
________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
__________________________ ____________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 189
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Oroville City CouncilAugust 6, 2024

Oroville City Council
August 6, 2024