Agenda packet — Oroville City Council, August 20, 2024

August 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
August 20, 2024

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

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

To Observe the Meeting:

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

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

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

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

1. Attend the meeting in person

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

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

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

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

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

CLOSED SESSION
The Council will hold a Closed Session on the following: No Closed Session items. 1 August 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 7

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 - 9 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. AUTHORIZATION TO TRANSFER THE CITY OF OROVILLE 2012 HAULMARK CARGO TRAILER #73 TO THE HOPE CENTER/CITY WORKS PROGRAM
The Council will consider authorizing the transfer of City of Oroville enclosed cargo trailer #73 to the Hope Center/City Works Program.

ACTION REQUESTED – APPROVE RESOLUTION 9305 TO TRANSFER 2012 HAULMARK CARGO TRAILER TO THE #73.

2. SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES WITH

JENNIFER ARBUCKLE CONSULTING
The Council will consider amending the professional services agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance, extending the term through Fiscal Year 2024/25 (FY 2024/25) and increasing hourly rate from $95/hour to $125/hour.

ACTION REQUESTED - APPROVE RESOLUTION 9306 FOR SECOND AMENDMENT TO AGREEMENT #3386 WITH JENNIFER ARBUCKLE CONSULTING FOR GRANT MANAGEMENT AND SB 1383 COMPLIANCE AND AUTHORIZE THE MAYOR TO SIGN. 2 August 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 7

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 - ADOPT RESOLUTION 9294 APPROVING BUDGET ADJUSTMENT (REQUIRES 5/7 VOTE).

4. NELSON AVE GRIND & PAVE – BUDGET ADJUSTMENT
The 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) FROM SB1 FUNDING AND AUTHORIZE PAYMENT TO KNIFE RIVER FOR ADDITIONAL GRIND AND PAVE (REQUIRES 5/7 VOTE).

5. AGREEMENT WITH J&C INVESTIGATIONS FOR OROVILLE POLICE DEPARTMENT

BACKGROUND INVESTIGATIONS
The Council shall consider an agreement with J&C Investigations for background investigations for the Oroville Police Department.

ACTION REQUESTED - APPROVE RESOLUTION 9307 FOR AGREEMENT WITH J&C

INVESTIGATIONS FOR BACKGROUND INVESTIGATION SERVICES AND AUTHORIZE MAYOR TO SIGN.

6. LETTER OF SUPPORT FOR LINCOLN STREET SENIOR APARTMENTS The Council will consider a letter of support to the Richman Group for the proposed Lincoln Street Senior Apartments.

ACTION REQUESTED - APPROVE LETTER OF SUPPORT TO THE RICHMAN GROUP TO APPLY FOR CDBG DR-MHP, ROUND ONE FUNDS AND AUTHORIZE THE MAYOR TO SIGN.

7. LETTER OF SUPPORT FOR FOGG AVENUE APARTMENTS
The Council will consider a letter of support to the Housing Authority of the County of Butte (HACB) for the proposed Fogg Avenue Apartments.

ACTION REQUESTED - APPROVE LETTER OF SUPPORT TO THE HOUSING AUTHORITY

OF THE COUNTY OF BUTTE APPLY FOR CDBG DR-MHP, ROUND ONE FUNDS AND AUTHORIZE THE MAYOR TO SIGN.
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8. REQUEST FOR THE CITY TO PURCHASE A TABLE AT THE OROVILLE ECONOMIC

ALLIANCE ANNUAL BBQ
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.

9. APPROVAL OF THE 08.06.2024 CITY COUNCIL REGULAR MEETING MINUTES The Council may consider approving the August 6, 2024 City Council Regular Meeting Minutes.

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

REGULAR BUSINESS

10. U. S. SUPREME COURT DECISION IN GRANTS PASS V. JOHNSON AND STATE OF CALIFORNIA EXECUTIVE ORDER N-1-24
Staff will provide a high-level factual overview of the recent U.S. Supreme Court Decision in Grants Pass. Johnson, along with the State of California’s Executive Order N-1-24. In addition, staff will provide a summary of the proactive efforts that have been implemented in the City to assist unhoused individuals in need.

ACTION REQUESTED - PROVIDE STAFF WITH DIRECTION OR ADDITIONAL IDEAS FOR MOVING FORWARD WITH PROGRAMS.

11. CONSIDERATION TO MODIFY TOWER AND GROUND LEASE AGREEMENT WITH

VERIZON WIRELESS
The Council will consider a change in the relationship between the City and Verizon Wireless with regard to the current Tower and Ground Lease Agreement. Consideration will include an amendment to the current lease agreement that would reduce current rent by 36%, or a new 40- year easement agreement that would provide for a one-time payment of $360,000.

ACTION REQUESTED – CONSIDER APPROVING AN AMENDMENT TO THE CURRENT VERIZON LEASE AND PROVIDE DIRECTION TO STAFF.

12. BUDGET ADJUSTMENT FOR ADDITIONAL MASTIC TO PREP FOR MYERS AND

MONTGOMERY MICRO SURFACING PROJECTS
The Council will consider approving a $100,000.00 budget adjustment for mastic placement along Myers and Montgomery to prepare the road’s surfaces for micro surfacing expected to occur this Fall. Funding would come from unspecified road improvements assigned in the FY 2024/25 budget.

ACTION REQUESTED - APPROVE $100,000.00 BUDGET ADJUSTMENT TO BE USED FOR

ADDITIONAL MASTIC PLACEMENT, FOCUSING ON CRACKING AND POTHOLING ON MYERS AND MONTGOMERY STREETS (5/7 VOTE REQUIRED).
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13. AGREEMENT TO PURCHASE PARCEL OF LAND AT 1859 EHMANN STREET, OROVILLE, CA 95966
The Council will consider authorizing the purchase parcel of property at 1859 Ehmann St., Oroville, CA (also known as parcel 012-212-080-000) to be used for parking expansion at the City of Oroville Public Safety Facility.

ACTION REQUESTED - APPROVE THE PURCHASE OF PARCEL OF PROPERTY AT 1859 EHMAN ST., OROVILLE, CA (ALSO KNOWN AS PARCEL 012-212-080—000) AND AUTHORIZE STAFF TO SIGN ALL APPLICABLE PAPERWORK.

14. AUTHORIZATION TO PURCHASE EMERGENCY EQUIPMENT AND INSTALLATION OF

EMERGENCY EQUIPMENT IN NEW POLICE VEHICLES
The Council will consider authorizing the expenditure of funds previously authorized in the FY 2024 / 2025 budget for the purchase and installation of Emergency Equipment in (5) five new Police vehicles.

ACTIONS REQUESTED -

1. AUTHORIZE THE PURCHASE OF THE EMERGENCY VEHICLE EQUIPMENT AND

INSTALLATION OF THE EMERGENCY EQUIPMENT BY SUTTER BUTTES COMMUNICATION FOR A TOTAL PRICE OF $116,000.15.

2. AUTHORIZE THE REALLOCATION OF PREVIOUSLY ALLOCATED FUNDING FOR ONE

TRANSIT VAN TO BE UTILIZED FOR THE PURPOSE OF FUNDING EMERGENCY

EQUIPMENT UPFITTING, AND PURCHASE OF PRIOR YEAR VEHICLE CARGO BOX PURCHASE. ($27,348.75)

15. CONTRACT FOR CONTINUED CHILD ABUSE INVESTIGATIVE SERVICES WITH THE

BUTTE COUNTY DISTRICT ATTORNEY
The Council will consider a new contract with the Butte County District Attorney’s Office to continue investigative services for specific child abuse cases.

ACTION REQUESTED - ADOPT RESOLUTION 9308 - APPROVING AGREEMENT WITH THE BUTTE COUNTY DISTRICT ATTORNEY’S OFFICE FOR INVESTIGATIVE SERVICES IN AN AMOUNT NOT TO EXCEED $400,000 AND AUTHORIZE THE MAYOR TO SIGN.

16. AGREEMENT WITH BUTTE COUNTY FOR PARTIAL REIMBURSEMENT FOR ALLEY MAINTENANCE OF COUNTY SERVICE AREA 17 ZONE 2 ALLEYS.

The Council may consider authorizing the execution of an agreement with the County of Butte for partial reimbursement for alley maintenance of service area 17 Zone 2 alleys.

ACTION REQUESTED - APPROVE RESOLUTION 9309 EXECUTING AN AGREEMENT WITH

THE COUNTY OF BUTTE FOR PARTIAL REIMBURSEMENT FOR ALLEY MAINTENANCE OF SERVICE AREA 17 ZONE 2 ALLEYS AND AUTHORIZE THE MAYOR TO SIGN. 5 August 20, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

17. EMPLOYMENT CONTRACT AMENDMENT WITH FRED MAYO, PUBLIC WORKS

DIRECTOR
The Council will consider an amendment to the employment contract with Fred Mayo, Public Works Director that would advance Mr. Mayo from step F, $158,025 annual salary to Step G, $166,345 annual salary.

ACTION REQUESTED – ADOPT RESOLUTION 9310 AUTHORIZING AND DIRECTING THE

MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND FRED MAYO –(AGREEMENT NO. XXXX)

18. EMPLOYMENT CONTRACT AMENDMENT WITH PATRICK PIATT, COMMUNITY

DEVELOPMENT DIRECTOR
The Council will consider an amendment to the employment contract with Patrick Piatt, Community Development Director, that would advance Mr. Piatt from Step D, $142,619 annual salary to Step E, $150,123 annual salary.

ACTION REQUESTED - ADOPT RESOLUTION 9311 AUTHORIZING AND DIRECTING THE

MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND PATRICK PIATT – (AGREEMENT NO. XXXX).

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]
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19. 5:15 PM - RE: GENERAL PLAN AMENDMENT GPA24-01 AND ZONING CODE AMENDMENT ZC24-01
The Planning Commission shall conduct a public hearing and may recommend to the City Council approval of Zoning Code Amendment ZC24-03 to rezone APNs 012-085-006 and 012- 085-005 from Public or Quasi-Public Facilities (PQ) to Downtown Mixed Use (MXD). Includes General Plan Amendment GPA24-01 to change the land use designation from Public to Mixed Use.

ACTIONS REQUESTED -

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

2. RECOMMEND THAT THE CITY COUNCIL:
a. ADOPT THE NOTICE OF EXEMPTION AS THE APPROPRIATE LEVEL OF ENVIRONMENTAL REVIEW FOR THE PROJECT.
b. APPROVE GENERAL PLAN AMENDMENT GPA24-01
c. APPROVE ZONE CHANGE ZC24-03

3. ADOPT RESOLUTION NO. P2024-10
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. Future Agenda Items

2. Correspondence

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on September 3, 2024 at 4:00 p.m.

Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 7

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: AUTHORIZATION TO TRANSFER THE CITY OF OROVILLE 2012 HAULMARK CARGO TRAILER #73 TO THE HOPE CENTER/CITY WORKS PROGRAM DATE: AUGUST 20, 2024

SUMMARY
The Council will consider authorizing the transfer of City of Oroville enclosed cargo trailer #73 to the Hope Center/City Works Program.

DISCUSSION
In December 2016 the City of Oroville entered into an agreement with the Hope Center creating the City Works program. The program is partially funded by the City of Oroville. The program has shown success by beautifying our city and helping City Works employees gain valuable job experience to better their lives, build confidence and take pride in work.

A large portion of City Works’ efforts are devoted to landscaping jobs assigned by the Public Works Department. These jobs require the use of expensive landscaping equipment owned by the Hope Center. City Works is in much need of an enclosed trailer to secure this expensive landscaping equipment and tools. They currently have one open bed truck that is used to transport these tools to jobsites. When preoccupied with work tasks equipment is left unsecure and subject to theft.

The trailer is no longer used and would be put to good use by City Works to secure landscaping equipment (trimmers, chainsaws, pole saws, tools and other equipment). Public Works Director Fred Mayo and Public Works Manager Wade Atteberry both supported this idea.

When the transfer is complete, the Hope Center will take full ownership of this trailer. All future registration responsibilities and maintenance would be the responsibility of the Hope Center.

FISCAL IMPACT:
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None.

RECOMMENDATION
Approve resolution to transfer 2012 Haulmark Cargo Trailer #73 to the Hope Center/City Works Program and authorize the Mayor to sign.

ATTACHMENTS
Photograph of City of Oroville’s Enclosed Trailer #73; and Resolution.
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CITY OF OROVILLE
RESOLUTION NO. 9305

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZATION TO TRANSFER OF CITY OF OROVILLE 2012 HAULMARK CARGO TRAILER #73 TO THE HOPE CENTER/CITY WORKS PROGRAM.

BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby authorizes the transfer of City of Oroville 2012 Haulmak Cargo Trailer #73 to the Hope Center/City Works Program. 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 20, 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 11 Item 1.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL

SERVICES WITH JENNIFER ARBUCKLE CONSULTING
DATE: AUGUST 20, 2024

SUMMARY
The Council will consider amending the professional services agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance, extending the term through Fiscal Year 2024/25 (FY 2024/25) and increasing hourly rate from $95/hour to $125/hour.

DISCUSSION
Nearly all CalRecycle regulations are found in Title 14 and Title 27 of California Code of Regulations. Previously, there were four diversion programs in effect, however, a fifth program (SB 1383) came into effect January 1, 2022. Additionally, the City has also adopted Ordinance

13.08 to meet the necessary regulations mandated by SB 1383.

In October 2021, the Council entered into an agreement with Jennifer Arbuckle Consulting, a qualified professional consultant to provide grant management and implementation of SB 1383.

This agreement was extended in September of 2022 for the 2022/23 and 2023/24 fiscal years.

Additional services include stakeholder engagement, sustainable development, education, and marketing as well as support and guidance to allow for a smooth transition to the new Recycling Coordinator at the City. The Agreement included services at $95 per hour for up to 100 hours per month. Funding in the budget was allocated for the fiscal years 2021/22 and 2022/23 and 2023/24.

The Consultant will continue to provide services under the Agreement, including training, until the City's Recycling Coordinator is able to take over the tasks required. Ms. Arbuckle proposes to continue to work up to 20 hours per week at $125 per hour to train the newly hired Recycling Coordinator, continue research, meet deadlines, manage SB1383 city requirements and the necessary reporting, for compliance. Accordingly, Staff requests an amendment to this agreement not to exceed $130,000.00 for FY 2024/25.
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FISCAL IMPACT:

Funding included in the 2024/2025 budget.

RECOMMENDATION
Approve resolution for Second Amendment to Agreement #3386 with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance and authorize the Mayor to sign.

ATTACHMENTS
First Amendment to Agreement #3386;
Agreement # 3386;
Second Amendment to Agreement #3386; and
Resolution.
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SECOND AMENDMENT TO AGREEMENT BETWEEN

THE CITY OF OROVILLE AND ARBUCKLE CONSULTING
(Agreement No. 3386)
This Second Amendment (“Amendment”) dated August 20, 2024, is to Agreement No. 3386 (“Agreement”) between the City of Oroville and Jennifer Arbuckle Consulting. In consideration of the terms and conditions herein, the City of Oroville and Jennifer Arbuckle Consulting agree that Agreement shall be amended as follows:

1. Paragraph 5 shall be replaced with the following language: “TERM. The term of this Agreement shall begin on the date it is signed by the Clerk, below, attesting full execution of the Agreement by both parties (“Effective Date”), and ends on June 30, 2025, unless terminated earlier as provided herein. The following provisions will survive expiration or termination of this Agreement: Section 7.2 (Dispute Resolution), Section 10 (Indemnification), Section 11.4 (Professional Liability), Section 13.3 (Taxes) and Section 14 (General Provisions).

2. Exhibit B, Paragraph 1 shall be replaced with the following language:

AUTHORIZED HOURLY RATES. Consultant will be compensated for time reasonably necessary to provide the Services based on the following hourly rate schedule, subject to the not-to-exceed limit in Section 2.1 of the Agreement.

Specific personnel shall be identified in task orders. Jennifer Arbuckle Consulting: $125 per hour (not to exceed 20 hours per week) and not to exceed $130,00 for fiscal year 2024-2025.

3. Conflicts between the Agreement and this Amendment shall be controlled by this Amendment. All other provisions within the Agreement shall remain in full force and effect.

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

CITY OF OROVILLE ARBUCKLE CONSULTING
By: _____________________ By: _____________________
David Pittman, Mayor Jennifer Arbuckle
APPROVED AS TO FORM: ATTEST:

By: _____________________ By: ______________________
Scott Huber, City Attorney Kayla Reaster, City Clerk
30 Item 2.

CITY OF OROVILLE
RESOLUTION NO. 9306

A RESOLUTION OF THE OROVILLE CITY COUNCIL APPROVING SECOND AMENDMENT TO AGREEMENT #3386 WITH

JENNIFER ARBUCKLE CONSULTING
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby approves the Second Amendment to agreement #3386 with Jennifer Arbuckle Consulting.
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 20, 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 31 Item 2.

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CITY OF OROVILLE

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

ENFORCEMENT DEPARTMENT
DATE: AUGUST 20, 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.
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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
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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 20, 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 34 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. 35 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.
36 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.
37 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. 38 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 39 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. 40 Item 3.
41 Item 3.
42 Item 3.
43 Item 3.
44 Item 3.
45 Item 3.
46 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 20, 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. An additional $50,000 is needed to grind and pave a 3,000 square foot area adjacent and west of the original project footprint.

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) from SB1 funding and authorize payment to Knife River for additional grind and pave (requires 5/7 vote).

ATTACHMENTS
Image of increased project footprint and photo of existing condition. 47 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.
48 Item 4.

Photo during construction looking south/south-east. Red outline shows trench location.

Green line shows project extent.

Photo taken looking north-west.
49 Item 4.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JESS DARNELL, ASSISTANT CHIEF OF POLICE
RE: AGREEMENT WITH J&C INVESTIGATIONS FOR OROVILLE

POLICE DEPARTMENT BACKGROUND INVESTIGATIONS
DATE: AUGUST 20, 2024

SUMMARY
The City Council shall consider an agreement with J&C Investigations for background investigations for the Oroville Police Department.

DISCUSSION
Currently the Oroville Police Department uses Employment Investigative Services for all background investigations. In an attempt to add additional capacity to the background investigation process, the Oroville Police Department is requesting to use the services J&C Investigations.

The Owner of J&C Investigations is Mr. John McFadden. Mr. McFadden is a retired law enforcement professional with over 30 years of law enforcement experience. He is a certified background investigator with California Peace Officer Standards and Training.

FISCAL IMPACT
Rates per investigation:

Sworn: $2,100
Sworn Expedited: $2,600

RECOMMENDATION
Approve resolution for agreement with J&C Investigations for background investigation services and authorize Mayor to sign.

ATTACHMENTS
Copy of J&C Investigations proposal for pre-employment background investigations; and Resolution.
50 Item 5.

Proposal

PUBLIC SAFETY

PRE-EMPLOYMENT BACKGROUND INVESTIGATIONS
City of Oroville Police Department
51 Item 5.

John & Claire Investigations
6259 Greenleaf Lane,
Foresthill, CA 95631
(707) 246-7922

Re: Public Safety Pre-Employment Background Investigations Proposal Jess N. Darnell
Assistant Chief of Police
Oroville Police Department
2055 Lincoln Street
Oroville, CA 95966
Dear Jess:

We spoke yesterday regarding the possibility of providing pre-employment background investigations for Oroville Police Department. I hope you will have the opportunity to look over our services and consider using us. John & Claire Investigations (“JCI”) is a full service, statewide agency dedicated to our clients’ success. We can conduct comprehensive public safety preemployment background investigations for you that will assist you in the selection of qualified law enforcement professionals.

We understand and respect the Oroville Police Department’s dedication to providing service to your community to enhance the quality of life and having officers who strive to protect and defend them.

JCI pledges an equal level of commitment to you in our quality of service, integrity and ethics.

We focus on our client’s best interest, and we never lose sight of those goals. We have over 30 years of law enforcement experience in addition to 20 years of working in the field of background investigations. Our proven track record of successful investigations coupled with our experienced staff allows usto offer you the highest quality investigations at cost-effective competitive rates.

We are mindful of budgetary constraints faced by both public and private sector entities in these challenging times. We do everything possible to contain costsfor our clients, however will not cut corners or do marginal investigationsfor the sake ofsaving money.

In public safety, it is imperative that you have as much information as possible so that you can accurately assess the qualifications of potential candidates. Not conducting a thorough background check can lead to the selection of the wrong person and expose you to liability. Simply stated, investing money in a proper background check can save you money later.

I appreciate you taking the time to look over our qualifications and services.

Respectfully submitted,
John & Claire Investigations
John McFadden
Owner/ Qualified Manager
Enclosures: Summary of Services, Licenses, Executive Bio, Licenses 52 Item 5.

John & Claire Investigations
6259 Greenleaf Lane,
Foresthill, CA 95631
(707) 246-7922
California P. I. License No. 1888513

PUBLIC SAFETY PRE-EMPLOYMENT BACKGROUND INVESTIGATION
All public safety pre-employment background investigations will be conducted in compliance with the Purposes and Objectives as set forth by Peace Officer Standards and Training (“P.O.S.T.”) guidelines.

Each candidate’s background will consist of, but not be limited to, comprehensive investigation of the candidates’ past education, employment, legal, financial and personal history.

1. Candidate Interview
In-depth interview with the candidate, review of personal history statement, supplemental questionnaires, required documents, and FCRA and ICRA compliant waivers and authorizations

2. Investigation
Review and/or verification of personal history statement information and field investigations related to the following:
a. Criminal and civil history
b. Department of Motor Vehicles records
c. Education
d. Current and previous employers
e. Neighborhood check
f. References – personal, relatives, and others developed through investigation g. Military service – selective service registration
h. Credit history – Experian, Trans Union
i. Professional licenses/certifications
j. Legal documents – including birth certificates, social security card, etc. k. Public safety agencies – records check, agencies candidate sought employment
l. General Internet – blogs, social networking, and media/press articles, etc.

3. Report
A comprehensive report will be submitted for each candidate, which will include all investigative results and documents obtained. We have developed a customized report format structured to meet P.O.S.T. requirements. All original documents received from you are returned along with the final report. Documents are indexed using tabs and bound in 3-ring binders.

4. We will coordinate with your polygraph examiner (pursuant to your authorization) to ensure that significant information developed during the polygraph examination is investigated.

5. We will contact you immediately if negative and/or potentially disqualifying 53 Item 5.

John & Claire Investigations
6259 Greenleaf Lane,
Foresthill, CA 95631
(707) 246-7922
information is discovered and will suspend further investigation pending your authorization to continue.

6. We will provide you with updates during the investigation to ensure that the investigation is being done as expeditiously as possible and meeting your expectations.

7. We will not travel outside of the immediate San Francisco Bay area without conferring with you and receiving your authorization.

INVESTIGATORS
John McFadden, Owner, and Qualified Manager is highly qualified with extensive experience conducting in-depth investigations. John is a retired law enforcement professional with over 30 years’ experience and has conducted hundreds of pre-employment backgrounds for numerous Law Enforcement Agencies throughout the State of California. He is a certified Background Investigator with P.O.S.T (Peace Officers Standards & Training) COST
Rates per investigation:

Sworn: $2,100
Sworn Expedited: $2,600
Suspended backgrounds are billed at $85/ hour, not to exceed the flat rates listed above.

Credit Report: $75
Mileage: Billed at prevailing government reimbursement rate from John & Claire Investigations, Moraga, CA or Investigator’s location (whichever is less)
Mileage $ .67 p/mile
Expenses (if any): e.g. – tolls, parking, postage, etc.

If the above rates and services are acceptable, please sign, date and return at your convenience. ______________________________________ ____________________ Signature and Title Date
54 Item 5.

John & Claire Investigations
6259 Greenleaf Lane,
Foresthill, CA 95631
(707) 246-7922
John McFadden
Owner/ Qualified Manager
John retired from law enforcement after serving 30 years with the Benicia Police Department. John was recruited by STI Investigations upon his retirement.

In 2018, John opened J&C Investigations. He has extensive experience in conducting general private investigations, including POST background investigations, litigation support and research on complex civil cases, corporate due diligence investigations for mergers and acquisitions, security consulting and internet profiling.

California P. I. License No. 18851
55 Item 5.
56 Item 5.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9307

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT FOR BACKGROUND

INVESTIGATIVE SERVICES FROM J&C INVESTIGATIONS
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an agreement between the City of Oroville and J&C Investigations. A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on August 20, 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 57 Item 5.

Page 1 ends

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: LETTER OF SUPPORT FOR LINCOLN STREET SENIOR APARTMENTS DATE: AUGUST 20, 2024

SUMMARY
The Council will consider a letter of support to the Richman Group for the proposed Lincoln Street Senior Apartments.

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

The developer, the Richman Group, successfully applied for and was awarded 9% Low Income Housing Tax Credit (LIHTC) for Lincoln Village Apartments, which is currently under construction and scheduled to be complete in October of this year. Additionally, the Richman Group has applied for highly competitive LIHTC for the Lincoln Street Senior Apartments four times without success.

On June 4, 2024, the Council approved a Housing Program Fund loan in the amount of $750,000 to assist with infrastructure costs incurred in connection with both the Lincoln Village Apartments and Lincoln Street Senior Apartments.

DISCUSSION
While the Richman Group has not received an official letter informing them that Lincoln Street Senior project has not been awarded Low Income Housing Tax Credits (LIHTC), a simulation that was published recently casts significant doubt of an award.

To complete the financing for this project, the Richman Group is requesting the City of Oroville support their application for Community Development Block Grant Disaster Recovery, Multifamily Housing (CDBG DR-MHP) funding.

FISCAL IMPACT:
58 Item 6.

Page 2 ends

None
RECOMMENDATION:

Approve letter of support to the Richman Group to apply for CDBG DR-MHP, round one funds and authorize the Mayor to sign.

ATTACHMENTS
Draft Letter of Support
59 Item 6.

August 14, 2024 Page 1
“Oroville – California's best opportunity for a safe and diverse quality of life” City of Oroville

OFFICE OF THE MAYOR
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2535 FAX (530) 538-2468
www.cityoforoville.org
August 20, 2024
Jenny Cho
Deputy Director
Department of Housing and Community Development
651 Bannon St.

Sacramento, CA 95811
Re: Support Letter for the Lincoln Street Senior Apartments (Affordable Housing) California Department of Housing and Community Development - Disaster Recovery Multifamily Housing Program
Dear Ms. Cho:

We are aware that The Richman Group is submitting the fully entitled, 2nd phase, “Lincoln Street Senior Apartments” affordable housing development to the California Department of Housing and Community Development (HCD) to be considered for the Disaster Recovery Multifamily Housing Program, Round One.

This transformative development which also includes additional HCD-sponsored CDBG DRM MHP subsidy includes 61 senior residential units and will complete the multi-phase affordable development.

Our Council wholeheartedly supports this project, and we are committed to working with the development and HCD to ensure that this project can get full points for their CDBG DR MHP application.

Sincerely,
David Pittman
Mayor, City of Oroville
David Pittman
Office of the Mayor
60 Item 6.

Page 1 ends

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: LETTER OF SUPPORT FOR FOGG AVENUE APARTMENTS
DATE: AUGUST 20, 2024

SUMMARY
The Council will consider a letter of support to the Housing Authority of the County of Butte (HACB) for the proposed Fogg Avenue Apartments.

DISCUSSION
At the June 18, 2024, the City Council approved a resolution that was necessary to call a special election and place a ballot measure before the voters regarding Article 34 approval of a low and very low, 18-unit housing project located at 2131 Fogg Ave. As a public entity, the HACB can only develop housing with city of Oroville citizen authority stipulated by State Constitution Article XXXIV.

In anticipation of the measure passing, the Housing Authority of the County of Butte is putting together a financing strategy for a successful project, including applying for Community Development Block Disaster Recovery multifamily Housing (CDBG DR-MHP) program funds.

In order to be eligible, the jurisdiction where the project is located must submit a letter in support of the project, or resolution of support.

FISCAL IMPACT:

None
RECOMMENDATION:

Approve letter of support to the Housing Authority of the County of Butte apply for CDBG DRMHP, round one funds and authorize the Mayor to sign.

ATTACHMENTS
Draft Letter of Support
61 Item 7.

August 14, 2024 Page 1
“Oroville – California's best opportunity for a safe and diverse quality of life” City of Oroville

Sacramento, CA 95811
Re: Support Letter for Fogg Avenue Apartments – CDBG 2020 Disaster Recovery – Multifamily Housing Program Funding
Dear Ms. Cho:

We are writing this letter to express the support of the City of Oroville City Council for Fogg Avenue Apartments, which will provide 18 units of affordable housing, located at 2131 Fogg Avenue in Oroville, California. We strongly encourage you to consider Fogg Avenue Apartments for funding from the CDBG 2020 Disaster Recovery Multifamily Housing Program.

Please contact Brian Ring, City Administrator (530.521.0096) should you have any questions.

Sincerely,
David Pittman
Mayor, City of Oroville
David Pittman
Office of the Mayor
62 Item 7.

August 06, 2024~3:30 PM Oroville City Council Meeting Agenda Page 1 of 8

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

REGULAR MEETING

MINUTES
This agenda was posted on August 2, 2024. This meeting was recorded and may be viewed at Cityoforoville.org or on Youtube.

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

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

1. Pursuant to Government Code Section 54957(b), the Council met 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

2. Pursuant to Government Code Section 54957(b), the Council met 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 – Direction given, no action taken.

2. Pledge of Allegiance – Led by Vice Mayor Smith

3. Adoption of Agenda
Motioned by: Council Member Goodson Seconded by: Vice Mayor Smith Ayes: Council Member(s) Johnstone, Goodson, Vice Mayor Smith, Mayor Pittman Noes: None
Abstained: None

Absent: Council Member(s) Riggs, Thomson, Webber

PRESENTATIONS AND PROCLAMATIONS
None this meeting.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
63 Item 9.

August 06, 2024~3:30 PM Oroville City Council Meeting Agenda Page 2 of 8 The following member(s) of the public submitted public comment on this item: Amy Jernigan and Rhonda Magnusson.

REPORTS / DISCUSSIONS

1. Council Announcements and Reports
None

2. Administration Reports
Amy Bergstrand, Director of Business Assistance and Housing – Notified the Council that the NOFA will not be available until August.

Ruth Duncan, Director of Finance - Notified the Council that the last Accounting Technician vacancy was filled. She anticipates a new project coming up.

Bill LaGrone, Chief of Police – Provided a brief update on cleaning underneath the overpasses including painting the sidewalk one color, etc.

Brian Ring, City Administrator – Provided the Council with a brief update on the status of the project getting done at Myers and Montgomery Street.

CONSENT CALENDAR
Consent calendar items 1 – 8 were adopted in one action by the Council.

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

Absent: Council Member(s) Riggs, Thomson, Webber

1. Job Description For Payroll Technician Position
The City Council approved the john description for Payroll Technician.

2. Public Works Engineering Staffing Request
The City Council added one Project Manager / Senior Civil Engineer allocation and delete one vacant Assistant Engineer Allocation.

3. Budget Adjustment For Salary And Wages For Code Enforcement Department Item removed from the agenda, due to come back August 20, 2024.

4. Nelson Ave Grind & Pave – Budget Adjustment
Item removed from the agenda, due to come back August 20, 2024. 64 Item 9.

August 06, 2024~3:30 PM Oroville City Council Meeting Agenda Page 3 of 8

5. Agreement With Original Grants For Washington Avenue Complete Streets Grant Application To The Federal Active Transportation Infrastructure Investment Program The City Council approved agreement A-3514.

6. Approval Of Permanent Local Housing Allocation (PLHA) Owner-Occupied Rehabilitation Loan Program Guidelines
The City Council adopted 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.

7. Request For The City To Purchase A Table At The Oroville Economic Alliance Annual Barbeque
Item removed from the agenda, due to come back August 20, 2024.

8. Approval of Regular City Council Meeting Minutes
The City Council approved minutes for 07.18.2023; 08.01.2023; 10.17.2023; and 07.16.2024.

REGULAR BUSINESS

9. Two-Year Contract With Verdin Marketing To Create And Implement Oroville’s Community Pride And Economic Development Marketing Plan The City Council approved the 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 with an option to extend the contract for up to two additional years with Council approval by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber
The following member(s) of the public submitted public comment on this item: Nichole Farley. 65 Item 9.

August 06, 2024~3:30 PM Oroville City Council Meeting Agenda Page 4 of 8

10. Lease / Operating Agreement For The Oroville Convention Center Between The City Of Oroville And Feather River Recreation And Park District The City Council adopted Resolution No. 9296, a lease / operating agreement with Feather River Recreation and Park District for the lease and operation of the Municipal Auditorium by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber

11. Downtown Oroville Business Improvement District Annual 2024-25 Fiscal Year Budget The City Council received the 2024-25 annual budget for the Oroville Downtown Business Improvement District (BID). The budget was approved by the following 3-1-3 vote:

Motioned by: Vice Mayor Smith Seconded by: Council Member Goodson Ayes: Council Member Goodson, Vice Mayor Smith, Mayor Pittman Noes: Council Member Johnstone
Abstained: None

Absent: Council Member(s) Riggs, Thomson, Webber

12. 655 Cal Oak Road - New Corp Yard Preliminary Design Of Administration Building And Proposed Budget
The City Council accepted the presentation for information.

13. Agreement With City Of Chico On Use Of Rule 20a Credits From Butte County The City Council approved 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. This was approved by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber
66 Item 9.

August 06, 2024~3:30 PM Oroville City Council Meeting Agenda Page 5 of 8

14. The Great Feather River Mosaic Mural Project Sponsorship Program The City Council authorized staff to proceed with development of a sponsorship program for the Great Feather River Mosaic Mural Art Project by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber

15. Resolution For Cal OES Form 130 Designation Of Applicant’s Agent The City Council adopted Resolution No. 9297, 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 the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber

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 adopted Resolution Nos. 9305 and 9306 relating to the annual special tax relating to the City’s Community Facilities Districts. The City Council also authorized the Mayor to sign the Proposition 218/Compliance Certification by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber
67 Item 9.

August 06, 2024~3:30 PM Oroville City Council Meeting Agenda Page 6 of 8

17. Public Hearing - 5:05 PM - Annual Sanitary Sewer Service To Be Levied On The 2024-25 Tax Roll
The Council adopted Resolution No. 9302 certifying that the Sewer Service charges to be levied on the 2024-25 tax roll are in compliance with Proposition 218 by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber

18. Public Hearing - 5:10PM - General Plan Circulation Element Revision And Adoption Of An Interim Transportation Threshold
The City Council adopted Resolution 9301 regarding 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 by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber
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August 06, 2024~3:30 PM Oroville City Council Meeting Agenda Page 7 of 8

19. Public Hearing - 5:15PM - Annual Assessments For The City’s Consolidated Benefit Assessment District, Zones 1, 2, 4, 6-8
The City Council will collect no assessment this year, providing assessment holiday, due to low expenditures and sufficient zone reserves to cover those costs by the following 4-0- 3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber

20. Public Hearing - 5:15PM - Annual Assessments For The City’s Consolidated Benefit Assessment District, Zones 3, 5, 9
The City Council will collect no assessment this year, providing assessment holiday, due to low expenditures and sufficient zone reserves to cover those costs by the following 4-0- 3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber

21. Annual Assessments For The City’s Consolidated Landscape And Lighting Maintenance Assessment Districts, Zones 1, 4, 6, 11, 13, 16, 18
The City Council affirmed 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 adopted 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 by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber
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August 06, 2024~3:30 PM Oroville City Council Meeting Agenda Page 8 of 8

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 City council affirmed 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 adopted 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 by the following 4-0-3 vote:

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

Absent: Council Member(s) Riggs, Thomson, Webber
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted public comment on this item: Bill Speer and Bryan Williams.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. PG&E Wildfire Rate Relief

ADJOURN THE MEETING
The meeting was adjourned at 6:40PM.
____________________________________ ____________________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 70 Item 9.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE

RON BELSER, CODE ENFORCEMENT DIRECTOR

DAVE RITCHIE, ASSISTANT CITY ATTORNEY
RE: U. S. SUPREME COURT DECISION IN GRANTS PASS V. JOHNSON AND STATE OF CALIFORNIA EXECUTIVE ORDER N-1-24
DATE: AUGUST 20, 2024

SUMMARY
Staff will provide a high-level factual overview of the recent U.S. Supreme Court Decision in Grants Pass. Johnson, along with the State of California’s Executive Order N-1-24. In addition, staff will provide a summary of the proactive efforts that have been implemented in the City to assist unhoused individuals in need.

DISCUSSION:

Most communities have recently seen an increase in the transient homeless population.

There are many factors which these increases can be attributed. These factors include substance addiction, mental health issues, character issues, life skills issues, educational issues and many other issues that cannot be generalized. Each homeless person is unique and struggles with their personal issues. No one solution will solve all of the issues that surround why a person would be homeless.

A homeless person is someone who was previously housed, and through undesirable circumstances, they have become homeless. A homeless person may have their issues, like everybody else, but most want to get back into housing. Many homeless people work full or part time, and still cannot afford local housing.

The Impacts suffered by this community are not due to the definition of homeless provided above. Not every person is homeless by choice, some are from circumstance, but it is becoming increasingly apparent that some are choosing the lifestyle. These homeless are creating issues for many within our community. Those issues include habitual inebriation, drug abuse, aggressive panhandling, unlawful camping, trespassing, theft, littering, staying out of the roadway, and many other low level crimes.

Most crimes are property type crimes and are very disruptive to the quality of life for 71 Item 10.

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many of our citizens.

The impacts that are most often observed is due to a population of people that choose to not follow basic laws. The impacts are affecting the quality of life for all the residents of this community. While we must be compassionate, we must also maintain minimum standards. Those that are living on the street deserve our help but must accept our standards of conduct in public. It is not acceptable to demand services and not live to a minimum standard. We are all subject to these standards. These standards have evolved over time to ensure the safety of our community.

Quality of life type issues have increased the number of crimes that have occurred, while decreasing a sense of order within the City of Oroville. Some of these issues include, loitering, public urination, prowling, trespassing, thefts, vandalism, speeding in neighborhoods, panhandling, etc. A common belief is that these types of issues are only caused by homelessness. In fact, there are a number of quality of life type offenses that have nothing to do with homelessness. Homelessness may be a factor, but due to law changes within AB 109 & Prop 47 and Prop 57, traditional enforcement practices are no longer available.

The current penal system is not equipped to deal with these types of low-level offenses.

The individuals committing these types of crimes are aware of this hole in the penal system and commit the crimes with little concern of consequence.

It has become apparent that another level of enforcement must be developed to combat this type of community problem. If this problem remains unchecked it will continue to grow and worsen. This type of problem cannot be punished away. The Penal system has been attempting to punish problems away for many years; the results have not been remarkable or reportable as success. This type of problem is only going to be solved with life-changing adjustments to the individual committing the crimes.

The individual must be given direction, education, training, treatment, counseling, housing and job skills to truly effect change. If we continue to “force the square peg into the round hole” we will continue to get the same result. It is time for change and utilization of all available resources to address the problem.

The issue that arises is Law Enforcement (LE) is not the proper arm of government to provide the services listed in the paragraph above. Law enforcement’s role would be to enforce the applicable laws and provide consistent pressure to follow the law on those that choose not to.

Over the past few years, the Oroville City Council has provided tools and personnel to manage these issues on our community. The number of resources within the City that are being expended on these types of issues in Fiscal Year 23/24, upwards of 20,000 hours of Police time was spent responding to and handling the call for service on these types of issues. Additional time was spent transporting subjects to jail, writing reports, logging evidence, etc. That number would multiply as a good portion of calls require multiple officers to respond.
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The Essence of the Grant’s Pass Decision:

Please note that the content of this section is not intended to provide legal advice but is a generalized assessment of the Grant’s Pass decision and the Governor’s Executive Order. It does not analyze compliance of any of the City’s current processes.

The recent ruling in City of Grants Pass, Oregon v. Johnson by the United States Supreme Court found that the prohibition of camping on public property does not violate the Eighth Amendment of the United States Constitution. This decision does not, however, universally prohibit camping on public spaces but provides cities with some leeway in managing public property, ensuring a balance is maintained to protect the quality of life for all citizens while respecting constitutional protections.

Relevant California case law includes: Tobe v. City of Santa Ana, where the Supreme Court of California held that an ordinance banning camping and storage of personal property in designated public areas was not unconstitutionally overbroad. The court found no impermissible restriction on the right to travel and noted that there is no inherent right to use public property for living accommodations unless permitted by government regulations (Tobe v. City of Santa Ana, 9 Cal.4th 1069 (1995))[1].

Additionally, the Ninth Circuit's decisions in Lavan v. City of Los Angeles and Garcia v.

City of Los Angeles further articulate the limits on cities' actions concerning the property of unhoused individuals. In Lavan, the Ninth Circuit upheld an injunction preventing Los Angeles from seizing and destroying unattended property of unhoused individuals, highlighting the protection of such property under the Fourth Amendment (Sullivan v.

City of Berkeley, 383 F.Supp.3d 976 (2019))[2]. The court concluded that the City knew the property was not abandoned and its actions were therefore unconstitutional.

Following this, in Garcia, the court challenged a city ordinance that allowed for the immediate destruction of bulky items, deeming it unconstitutional for violating the Fourth Amendment's prohibition on illegal seizures (Garcia v. City of Los Angeles, 611 F.Supp.3d 918 (2020))[3].

If anti-camping ordinances are enforced, these enforcement efforts would almost necessarily implicate issues surrounding what to do with property located at an encampment on public property, attended or not. This is presumptively why the Governor’s executive order requesting local government entities adopt ordinances, provide that, if passed, these contain procedures for storage of personal property items collected when clearing encampments.

The Grant's Pass case, as decided by the Supreme Court in "City of Grants Pass, Oregon v. Johnson", does not appear to directly impact the rulings regarding the Fourth and Fourteenth Amendment protections as discussed in the "Lavan v. City of Los Angeles" and "Garcia v. City of Los Angeles" cases. The Grant's Pass case primarily dealt with the constitutionality of city ordinances prohibiting sleeping or camping on public property and the associated civil and criminal penalties, rather than the 73 Item 10.

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immediate seizure and destruction of personal property without notice or opportunity for a hearing, which are central issues in the Lavan and Garcia cases.

In the Lavan case, the court found that the seizure and destruction of homeless individuals' personal property without adequate notice violated their Fourth and Fourteenth Amendment rights, emphasizing the need for procedural due process and the protection of personal property rights. Similarly, in the Garcia case, the court held that the City's ordinance allowing the destruction of "bulky" personal property without notice was an unreasonable seizure under the Fourth Amendment and violated due process protections (Garcia v. City of Los Angeles, 481 F.Supp.3d 1031 (2020))[1].

These cases indicate a strong judicial stance on ensuring that even in efforts to clean public spaces, the constitutional rights of homeless individuals to procedural due process and protection against unreasonable seizures must be respected. The Supreme Court's decision in Grant's Pass does not negate these protections, as it addresses a somewhat different aspect of homeless rights, focusing more on the legality of anti-camping ordinances rather than the procedures used to enforce city cleanliness standards that impact personal property. Therefore, the impact of the Grant's Pass case on the issues addressed in Lavan and Garcia is limited, as those cases specifically deal with the rights related to personal property and due process, which were not the central focus of the Grant's Pass decision.

Following the Grant’s Pass decision, the Governor signed Executive Order N-1-24, emphasizing the need for urgent and humane action to remove dangerous encampments from public spaces. The order highlights the importance of collaboration between State, local, and nonprofit entities in addressing encampments, stressing that the removal of such encampments should be carried out with dignity and respect for those affected. Local governments are encouraged to align their policies with the State's guidelines and to utilize available resources to address the crisis with the urgency it demands. The order underscores that while the State has provided substantial resources, local jurisdictions are now expected to act decisively and compassionately to resolve encampments, particularly those posing significant threats to health and safety.

Balancing Constitutional Protections and Community Interests:

The information creates a challenging environment for managing the current situation.

It is understandable that the public does not want their quality of life diminished by unsightly camps in public spaces. A balance must be reached to effectively enforce the law while respecting everyone’s Constitutionally protected rights. The City and the Police Department has effectively achieved this balance for several years. The issues that are commonly associated with an unhoused population have been well managed and kept to a minimum. The unhoused population in Oroville is not as robust as most other communities due to this management of the condition. 74 Item 10.

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Proactive Measures Implemented in the City to Assist with these Challenges Addition of Municipal Law Enforcement Positions:

To help manage these challenges the City Council has allocated 17 MLE positions to the Police Department. Over the past year the Police Department has consistently attempted to fill the vacant positions. Currently 8 of the 17 positions are filled. One of the positions is filled by a full-time evidence technician, who is not used for daily street enforcement activities, and another is covering a Dispatch shift, effectively reducing street patrol to 6 MLE’s. Despite diligent efforts to recruit for the vacant positions hiring has been slow. The applicant screening process has disqualified numerous applicants for various reasons. Currently the Department has three applicants in background check and 5 applicants that have recently successfully interviewed and will begin a background check soon.

The timeline for adding additional duties to the MLE’s is difficult to determine. Currently the department is staffing 3 MLE’s per day typically from 0600 to 1600.

As higher level of staffing is achieved the department will increase the hours of service and will increase the frequency of specific patrol duties.

The following programs are department initiated activities to help address the issues that surround the unhoused community.

Development of Community Navigator:

The role of the Community navigator is to imbed themselves into the patrol operations of the Police Department, to be the first point of contact for those experiencing homelessness. The navigator will contact those living unhoused and provide them with options for services. The navigator then follows up as often as possible to ensure the services offered are being utilized and help remove barriers to those services. The Navigator is currently volunteering approximately 25 hours per week. This program has been a success and could be more successful. The department would like to employ the navigator on a full-time basis to ensure their availability and to expand the program to incorporate volunteers. There has been many that wish to volunteer for this program, but limit oversight has hindered the expansion of the program.

The funding for this would come from the utilization of one MLE position to be used as the navigator position.

Community Cleaning projects funding:

The City Works Program has been utilized within the City since late 2017. The program involves members of the Hope Center, and Butte Community service. The program has been funded by the Clean Streets Grant as well as City funding. City Works and Butte Community Service are important programs that encompasses many benefits to the City of Oroville, the Hope Center and Butte Community Service. The members of these programs help our City by abating junk, trash and debris left on City properties, thus 75 Item 10.

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reducing blight. They collect abandoned furniture and appliances that are left on City roadways, alley ways and sidewalks. They help by maintaining the landscape of City owned properties, clean up vacated illegal encampments, and clear/reduce fire hazards by clearing weeds from City properties.

These programs utilize the services of those who were previously living unhoused or previously struggled with addiction. These programs benefit the provider by providing important work to help train and reinforce good work habits.

Partnership with Rescue Mission for Development of Mission Esperanza:

Significant efforts have been made via a partnership with the Rescue Mission, to obtain grant and other funding for the development of congregate and non-congregate housing that will provide necessary wraparound services to those experiencing homelessness. Specifically, the project includes:
 30 non-congregate climate-controlled pallet shelters that house up to two people per unit:
 40 congregate beds:
 5 safe tent sites: and
 5 parking spaces.

Park patrols:

Currently MLE’s patrol the parks and trails as time allows. The staffing level compared to the volume of calls for service has significantly limited these activities. When full time is achieved there will be MLE’s specifically assigned to the activities of patrolling parks and trails. These duties include moving along those that would disrupt the peaceful use of the parks, report maintenance issues, help remove trash and debris, and generally provide an overall feeling of safety for those visiting our parks.

Retail theft partnering:

The department has recently had conversations with major retailers regarding retail theft. Since the implementation of the changes in the law because of the voter approved proposition 47. Retail theft in California is rampant, and overwhelming to retailers and Police. The lack of consequence for retail thieves, along with retailer’s understandable fear of being sued for attempting to prevent theft, all but encourages thieves to steal.

To help reduce these thefts the department has periodically placed officers in stores in plain clothing to act as shoppers, to apprehend those that choose to steal. Staffing has limited the number of hours that can be devoted to this activity. The department has recently worked with one major retailer to potentially open a satellite office inside of the retailer’s facility. The program would allow MLE’s to work from the location and help prevent theft when on sight. The MLE’s would not be assigned to security for the retailer only work out of the location. The MLE would respond to all calls for service as normal.

The difference would be a physical presence, with signage to inform the shoppers that 76 Item 10.

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law enforcement is onsite. There will be no cost to the City. If this reduces theft at the location the same service will be offered to other retailers.

Shopping cart recovery system:

Due to the amount of shopping carts that are removed from retail locations and then utilized to move personal property throughout the City, the need for a shopping cart recovery team has become necessary. It would be the departments recommendation that once to twice a week a cart collection team be utilized to retrieve carts. The team would be made up of members from City works and Butte Community service. The team would recover carts abandoned and carts being used move personal property.

The cart being used would be a nonconfrontational contact. If the person refuses to return the cart a Police Officer or MLE will be called to the location to assist in recovering the cart. A large contractor type plastic bag will be provided to accommodate the removal of the personal property from the cart. The collection team will then deliver the cart back to the retailer from which it was taken. This program will result in a modest cost to the City.

Travel Assistance:

This transportation program has assisted those living unhoused within the City of Oroville to receive transportation to their home of record or the homes of a family member. This program has assisted approximately 25 people with transportation back to their home community. The cost is usually between 100 to 300 dollars per person and location.

The person offered this assistance have come to the attention of the Police Department due to their frequent contacts with Police, and the best resolution is to help the individual with transportation to a family member who can better help the individual with their personal issues.

FISCAL IMPACT
None.

RECOMMENDATION
Provide staff with direction or additional ideas for moving forward with programs. 77 Item 10.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: CONSIDERATION TO MODIFY TOWER AND GROUND LEASE

AGREEMENT WITH VERIZON WIRELESS
DATE: AUGUST 20, 2024

SUMMARY
The Council will consider a change in the relationship between the City and Verizon Wireless with regard to the current Tower and Ground Lease Agreement. Consideration will include an amendment to the current lease agreement that would reduce current rent by 36%, or a new 40-year easement agreement that would provide for a one-time payment of $360,000.

DISCUSSION
The City entered into a Tower and Ground Lease Agreement (“Agreement”) with Verizon Wireless on February 18, 2016. Said Agreement had an initial term of five (5) years, with the ability to renew for four (4) more addition five (5) year terms. The City and Verizon are currently in the middle of the first five (5) year renewal term, which is set to terminate on February 17, 2026. Initial rent in 2016 started at $1,800/month, with a 3% escalator annually.

Current rent is $2,280/month.

Representatives from Verizon reached out to the City in April of 2024, indicating that Verizon is assessing which towers to retain in their expansion to 5G technology. A requirement of this expansion is getting more towers in play. With that, Verizon is seeking to reduce its current lease expenditures to offset its costs and assist in facilitating this expansion. The City has been presented with two options to consider. The two options included:

1. Changing from the existing five (5) year agreement (with options to review), currently at $2,280/month that includes a 3% annual escalator, to a new agreement that would lower the rent to $1,500/month with 10% rent escalator every five (5) years, with the option to renew for seven (7) additional five (5) year terms; or

2. Changing from the existing agreement described above to a lump sum payment of $360,000 for a forty (40) year easement on the property.

Alternatively, the Council could choose to continue work under the existing agreement, until Verizon chooses to terminate.

FISCAL IMPACT
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Depending on which action is taken, the City will see either a reduction is the lease amount received; or an elimination of the lease amount offset by a one time payment of approximately $360,000.

RECOMMENDATION
Consider approving an amendment to the current Verizon lease and provide direction to staff.

ATTACHMENTS:

Existing Contract; and
Letter outlining new terms offered to the City.
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May 2, 2024
City of Oroville
ATTN: Brian Ring, City Administrator
Site Name: DOWNTOWN OROVILLE Site ID: 152405
Dear Landlord,
I am following up with you regarding our recent telephone conversation setting forth Verizon Wireless’s Lease Optimization Program. As discussed during our conversation, Verizon Wireless is interested in making certain modifications to the cell site lease regarding the Verizon Wireless communications facility on your property. These lease modifications will allow the cell site on your property to better meet Verizon Wireless’s current operational needs and enhance its long-term value to the overall network.

Criteria for Cell Site Retention
As we discussed, Verizon Wireless would like to include this site in its long-term portfolio under the following terms:
● New Rent Amount: $1,500.00 per month, commencing on (9/1/2024) ● New Rent Escalator: Ten Percent (10%) every 5 years (next increase on 9/1/2029) ● Additional Renewal Terms: Seven (7) additional five (5) year renewal terms ● Lump Sum Payment Option: Provide a one-time lump sum payment of $360,000.00. In return, you will grant a Forty (40) year easement on your property.

Additionally, in order to maintain long-term operational flexibility, Verizon Wireless requires that the following language, substantially in the form of the following, be added to the Lease:

Right of First Refusal. If Lessor elects, during the Term (i) to sell or otherwise transfer all or any portion of the Property, whether separately or as part of a larger parcel of which the Property is a part, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Building and or Property occupied by Lessee, or a larger portion thereof, with or without an assignment of this Agreement to such a third party, Lessee shall have the right of first refusal to meet any bona fide offer of sale or transfer on the same terms and conditions of such offer. If Lessee fails to meet such bona fide offer within thirty (30) days after written notice thereof from Lessor, Lessor may sell or grant the easement or interest in the Property or portion thereof to such third person in accordance with the terms and conditions of such third-party offer. For purposes of this Section, any transfer, bequest or devise of Lessor’s interest in the Property as a result of the death of Lessor, whether by will or intestate succession, or any conveyance to Lessor’s family member by direct conveyance or by conveyance to a trust for the benefit of family members shall not be considered a sale of the Property for which Lessee has any right of first refusal. 113
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The foregoing proposal does not constitute a binding offer to amend the lease. No legal obligation is created by this letter or any other written or oral communications until a written amendment to the lease has been signed by both Landlord and Verizon Wireless. Verizon Wireless will continue to abide by the terms of the current lease until an amendment has been executed or the existing lease has been terminated or expires. Verizon Wireless values its affiliation with you and hopes that you choose to secure your site(s) to continue a long and mutually profitable relationship in the years to come.

Sincerely,
Paul Walker
Lease Consultant
Lease Optimization - CENREV
180 Washington Valley Road, Bedminster, NJ 07921
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: BUDGET ADJUSTMENT FOR ADDITIONAL MASTIC TO PREP FOR

MYERS AND MONTGOMERY MICRO SURFACING PROJECTS
DATE: AUGUST 20, 2024

SUMMARY
The City Council will consider approving a $100,000.00 budget adjustment for mastic placement along Myers and Montgomery to prepare the road’s surfaces for micro surfacing expected to occur this Fall. Funding would come from unspecified road improvements assigned in the FY 2024/25 budget.

DISCUSSION
In April 2024, the Council approved a $200,000 budget adjustment to contract out road repair work – or utilize staff and equipment rental to perform grinding/paving and mastic applications. Public Works staff used mastic to make a number of road repairs around the City. Staff have preliminarily found this product to be very effective in addressing minor roadway repairs.

Resurfacing projects are planned to occur this Fall along Montgomery and Myers Streets.

To better prepare the road’s surface for micro surfacing, large cracks and potholes should be filled in advance. Myers and Montgomery are both in relatively good shape however aren’t entirely without cracks and potholing. Mastic has proven to be a good product for this purpose and is a good option for preparing Montgomery and Myers Streets for micro surfacing before the rainy season.

Staff are seeking to use $100,000 of the $500,000 that has been assigned to “unspeficied road improvements” in the FY 2024/25 budget.

FISCAL IMPACT
Budget adjustment of $100,000 from funds assigned to unspecified road improvements. 115
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ACTION REQUESTED
Approve $100,000.00 budget adjustment to be used for additional mastic placement, focusing on cracking and potholing on Myers and Montgomery Streets (5/7 vote required).

ATTACHMENTS
None
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JESS DARNELL, ASSISTANT CHIEF OF POLICE
RE: AGREEMENT TO PURCHASE PARCEL OF LAND AT 1859 EHMAN
STREET, OROVILLE, CA 95966
DATE: AUGUST 20, 2024

SUMMARY
The Council will consider authorizing the purchase parcel of property at 1859 Ehman St., Oroville, CA (also known as parcel 012-212-080—000) to be used for parking expansion at the City of Oroville Public Safety Facility.

DISCUSSION
The Oroville Police Department is seeking to purchase the plot of land at 1859 Ehman Street, Oroville, CA to expand parking for the Public Safety facility. The reason for this desire expansion is to accommodate the growing needs of both the police and fire departments. The current parking facilities are insufficient to handle the increased number of personnel, vehicles, and equipment essential for efficient operations. By acquiring this additional land, the department aims to alleviate parking congestion, improve accessibility for emergency responders, and enhance overall efficiency.

This expansion will also facilitate better engagement with allied law enforcement / fire agencies, as more space will be available for visitors and departmental events. Additionally, the improved infrastructure is expected to support future growth and development, ensuring that the departments can continue to provide high-quality services to the Oroville community. The acquisition aligns with the city’s commitment to enhancing public safety and supporting the critical functions of its emergency services.

FISCAL IMPACT
The cost of the property at 1859 Ehman St., Oroville, CA (also known as parcel 012-212- 080—000) is $85,000.00. Additionally, the City of Oroville will also pay the commission for the purchasing agent (5% of the purchase price) which comes out to $4,250.00.

Cost of property: $85,000.00
Commission: $4,250.00
Total Cost: $89,250.00
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Funding for this will come from the Law Enforcement Impact Fee fund.

RECOMMENDATION
Approve the purchase of parcel of property at 1859 Ehman St., Oroville, CA (also known as parcel 012-212-080—000) and authorize staff to sign all applicable paperwork.

ATTACHMENTS

1. Parcel Map

2. Tax Rolls for 1859 Ehman St., Oroville, CA

3. Copy of Single Party Compensation Agreement
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012-212-080-000, CA, Butte County
APN: 012-212-080-000 CLIP: 2323423753
Beds
N/A
Full Baths
N/A
Half Baths
N/A
Sale Price
N/A
Sale Date
N/A
Bldg Sq Ft
N/A
Lot Sq Ft
10,890
Yr Built
N/A
Type

COML LOT

OWNER INFORMATION
Owner Name Dirks Angelina Tax Billing City & State Oroville, CA Owner Name 2 Dirks Donald D Jr Tax Billing Zip 95965
Mail Owner Name Angelina & Donald D Dirks Tax Billing Zip+4 4946 Tax Billing Address 2160 Montgomery St

COMMUNITY INSIGHTS
Median Home Value $293,654 School District OROVILLE CITY ELEMENTARY Median Home Value Rating 4 / 10 Family Friendly Score 7 / 100 Total Crime Risk Score (for the neig
hborhood, relative to the nation)
3 / 100 Walkable Score 76 / 100
Total Incidents (1 yr) 377 Q1 Home Price Forecast $288,906 Standardized Test Rank 39 / 100 Last 2 Yr Home Appreciation 7%

LOCATION INFORMATION
School District Oroville Un Neighborhood Code 012-012
Comm College District Code Butte Jt Within 250 Feet of Multiple Flood Z one
No

TAX INFORMATION
APN 012-212-080-000 Lot 5, 6
Tax Area 004003 Block 12
Legal Description 1859 EHMANN ST

ASSESSMENT & TAX
Assessment Year 2023 2022 2021
Assessed Value - Total $28,136 $27,585 $27,045
Assessed Value - Land $28,136 $27,585 $27,045
YOY Assessed Change ($) $551 $540
YOY Assessed Change (%) 2% 2%
Tax Year Total Tax Change ($) Change (%)
2021 $295
2022 $301 $6 2.08%
2023 $313 $12 4.01%
Special Assessment Tax Amount
Butte Mosquito Vector Disease $3.14
Oro High Dist Bond 2008 $4.82
Butte College Election 2002 $5.02
Butte College Election 2016 $5.34
Ouhsd Election 2002 $5.52
Oroville Elementary Bond 2002 $5.94
Total Of Special Assessment $31.62

CHARACTERISTICS
County Land Use Vacant - Commercial Property Lot Acres 0.25 Universal Land Use Commercial Lot Lot Area 10,890

SELL SCORE
Value As Of 2024-07-28 04:32:21

LAST MARKET SALE & SALES HISTORY
Owner Name Dirks Angelina Owner Name 2 Dirks Donald D Jr Recording Date 06/06/2012 02/03/2010
Property Details Courtesy of Emma Feldman, Better Homes and Gardens Real Estate Wel, California Regional MLS Generated on: 08/01/24 The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.

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Sale Date 06/01/2012 01/18/2010
Nominal Y Y
Buyer Name Dirks Angelina L Trust Dirks Donald D Jr Trust Dirks Donald D Seller Name Dirks Angelina L Dirks Donald D Jr
Document Number 20719 3595 43677
Document Type Gift Deed Gift Deed Deed (Reg)

PROPERTY MAP
*Lot Dimensions are Estimated
Property Details Courtesy of Emma Feldman, Better Homes and Gardens Real Estate Wel, California Regional MLS Generated on: 08/01/24 The data within this report is compiled by CoreLogic from public and private sources. The data is deemed reliable, but is not guaranteed. The accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: AUTHORIZATION TO PURCHASE EMERGENCY EQUIPMENT

AND INSTALLATION OF EMERGENCY EQUIPMENT IN NEW

POLICE VEHICLES
DATE: AUGUST 20, 2024
SUMMARY:

The Council will consider authorizing the expenditure of funds previously authorized in the FY 2024 / 2025 budget for the purchase and installation of Emergency Equipment in (5) five new Police vehicles.

DISCUSSION:

The Police Department recently ordered five (5) new Police vehicles, previously authorized by the City Council in the FR 2024/25 budget. These new vehicles will be outfitted as patrol vehicles requiring emergency equipment. The new equipment will include all necessary lighting, sirens, antennas, radios, vehicle camera systems, prisoner cages, hard plastic rear seats, and cargo boxes. The bid also includes installation, shipping and taxes associated with this project. Two quotes were obtained for the purchase and installation of this equipment. The quotes were from the two companies that have been doing these types of installations for the Police Department, for the past several years. A third quote was requested; however the third company was unresponsive. The bid from Sutter Buttes Communication in the amount of $23,200.03 per marked patrol unit, was the least expensive. See attached open market purchase form for additional details of per vehicle pricing.

The total cost of this project to equip all five (5) vehicles will be $116,000.15.

In the prior fiscal year, 15 new patrol vehicles were received. The vehicles were ordered over a three-year period; however, the manufacturer was unable to deliver the vehicles do to supply chain shortages. Once these vehicles were received, they were upfitted with emergency equipment. The cargo boxes (12) used for patrol car 127
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organization, evidence security and electronic protection were not initially ordered – and have since been ordered, received and installed. The cost of the cargo boxes $27,348.75, exceeded the funding available for the project. The funding necessary to cover this cost however is available in FY 2024/2025 budget under the allocation for vehicle purchases.

The actual cost of the new patrol vehicles is $290,485.10. The budgeted amount was $375,000.00, after the purchase of the vehicles a balance of $84,514.90 is available for emergency equipment purchase. Due to the short fall in funding the Police department will forego the purchase of an additional vehicle budgeted this fiscal year.

The funding allocated for the purchase of the additional vehicle (a transit van) - $75,000.00) along with the funding allocated for the patrol vehicle purchase ($84,514.90) will provide adequate funding ($159,514.90) for the purchase of the new emergency equipment and for the cargo boxes for last fiscal years vehicles.

FISCAL IMPACT:

Funding for this project is provided in the FY2024 / 2025 budget.

RECOMMENDATION:

1. Authorize the purchase of the emergency vehicle equipment and installation of the emergency equipment by Sutter Buttes Communication for a total price of $116,000.15.

2. Authorize the reallocation of previously allocated funding for one transit van to be utilized for the purpose of funding emergency equipment upfitting, and purchase of prior year vehicle cargo box purchase. ($27,348.75) ATTACHMENTS:

1. Quote from Sutter Buttes Communication

2. Quote from Leer Auto

3. Open Market purchase form
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JESS DARNELL, ASSISTANT CHIEF OF POLICE
RE: CONTRACT FOR CONTINUED CHILD ABUSE INVESTIGATIVE

SERVICES WITH THE BUTTE COUNTY DISTRICT ATTORNEY
DATE: AUGUST 20, 2024

SUMMARY
The Council will consider a new contract with the Butte County District Attorney’s Office to continue investigative services for specific child abuse cases.

DISCUSSION
Currently the Oroville Police Department staffing allows for one full time Detective. The current Detective is consistently working at or above capacity. Due to the staffing shortages, it is necessary to seek alternative ways to complete investigations. One such option is to contract for support services for specific types of investigations. One of our partners the Butte County District Attorney’s Office has the capacity at this time to support specific investigations related to child abuse. The City and County initially entered into an agreement on February 21, 2023 and desire to enter into a new agreement.

This opportunity not only provides additional investigators to augment our depleted staff, but also provides limited training for our staff regarding these types of crimes. The proposed contract is adjustable to meet the demands of the investigations. The minimum amount for this contract is $220,000.00 annually for one full time investigator, to include all overhead and supervision necessary. If the Department experiences a large influx of these types of crimes the contract will be adjustable up to two full time investigators to include all overhead and supervision necessary in an amount not to exceed $400,000.00 annually. This contract can be cancelled by either party with proper notice.

FISCAL IMPACT
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Funding for this contract will come from the salary budget of the Oroville Police Department for fiscal year 2024/2025 budget in an amount not to exceed $400,000

RECOMMENDATION
Adopt resolution approving agreement with the Butte County District Attorney’s Office for investigative services in an amount not to exceed $400,000 and authorize the Mayor to sign. 136
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MEMORANDUM OF UNDERSTANDING

BETWEEN

COUNTY OF BUTTE
THROUGH THE BUTTE COUNTY DISTRICT ATTORNEY’S OFFICE
AND

CITY OF OROVILLE
FOR

INVESTIGATIVE SERVICES
This Memorandum of Understanding (MOU) is an agreement by and between the County of Butte, a political subdivision of the State of California, through The Butte County District Attorney’s Office, herein referred to as "COUNTY", and the City of Oroville, through The Oroville Police Department, herein referred to as "CITY".

RECITALS:
a. COUNTY has specially trained, experienced and competent investigators, through the COUNTY, to investigate and collect evidence for the prosecution of criminal cases of child abuse for the CITY as agreed to by this Agreement; and
b. COUNTY possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
c. CITY desires to engage COUNTY to render professional services as set forth in this Agreement.

I. PURPOSE OF MOU:
a. This MOU sets forth the terms upon which COUNTY has agreed to provide temporary child abuse investigative services to CITY, due to continued officer shortages.

II. SCOPE OF SERVICES:
a. COUNTY shall provide child abuse investigative services to CITY on a case referral basis, utilizing a combination of COUNTY personnel, to include a specifically designated investigator, and/or any other staff members deemed appropriate by COUNTY. This term shall not be construed as requiring COUNTY to have investigative personnel stationed and/or responding to the area contained within the geographical boundaries of the CITY on a twenty-four (24) hour, seven (7) day per week basis, but only according to the scope of services outlined in “Exhibit 1- Scope of Services” attached here to and incorporated herein b. .
i. Supervision/Administrative Support— COUNTY will provide the direct supervision of all COUNTY personnel providing services pursuant to this agreement. COUNTY will designate a COUNTY point of contact for the CITY, who will work cooperatively with CITY detective staff and other CITY management, to address issues and concerns and provide support as deemed necessary and appropriate by COUNTY.

1. COUNTY shall provide, upon request, CITY with a summary report, detailing the quantity and complexity of case referrals relating to this agreement. b. COUNTY shall provide staff performing services pursuant to this agreement with all required law enforcement equipment, supplies and training necessary to perform the services. 137
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c. COUNTY will temporarily enter evidence into the COUNTY evidence system, however CITY shall provide evidence storage for all items of evidence related to an investigation pursuant this MOU.
d. Upon completion of an investigation, COUNTY will provide an investigative packet of all relevant reports, documents, evidence and any other material, notwithstanding work product or notes, to CITY to be retained pursuant their document retention policies. e. When appropriate, COUNTY will request criminal charges and make any arrests on cases investigated by COUNTY.
f. COUNTY shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to the COUNTY to this agreement.
g. COUNTY shall maintain all documents and records which demonstrate performance under this agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this agreement.
h. Any financial/ budget records or documents required to be maintained pursuant to this agreement shall be made available for inspection or audit, at any agreed upon time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when its practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at the COUNTY address indicated for receipt of notices in this agreement.

III. DUTIES & RESPONSIBILITIES OF CITY:
a. CITY shall pay COUNTY for services rendered pursuant to this agreement in accordance with the costs set forth section IV of this agreement. CITY shall pay invoices for services rendered within net 30 days of receipt.
b. COUNTY shall submit quarterly billings to the CITY describing the work performed during the preceding three months. The COUNTY’s invoice shall include a brief description of the services performed and a description of any reimbursable expenditures. The CITY shall pay COUNTY no later than net 30 days after approval of the quarterly invoice by CITY staff. c. CITY shall conduct all initial investigations as outlined in “Exhibit 1- Scope of Services.” d. CITY shall compensate COUNTY in accordance with “Exhibit 1”. Compensation includes a minimum value of $220,000 and a “not to exceed” value of $400,000. Actual compensation will be determined by costs charged towards this agreement, but shall not go above the “not to exceed” value.
e. If continued services are anticipated to go above the “not to exceed” value, COUNTY will notify the CITY. CITY shall notify COUNTY of their desire to terminate any further agreement, or amend this agreement.
f. Upon receiving a completed case/ investigative packet, CITY shall be the custodian of all records of any investigation pursuant this MOU.
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IV. COUNTY & CITY JOINTLY AGREE:
a. Term of Agreement—COUNTY and CITY agree to a one (1) year term of service. The term of the agreement shall begin on July 1, 2024 through June 30, 2025. i. Extension of Agreement— Upon mutual agreement of all parties, this agreement may be extended beyond the initial one (1) year commitment.
ii. Termination of Agreement — COUNTY and CITY each reserve the right to terminate this agreement with thirty (30) days written notice.
b. Dispute Resolution - Any disagreements that may occur between the parties shall be resolved at the lowest possible level within COUNTY and CITY and with a cooperative spirit. COUNTY and the CITY will designate individuals who are responsible to resolve issues in a timely fashion regarding this MOU. Should agreement not be reached between COUNTY and the CITY after working through the process already prescribed, then the matter should go for discussion and consideration between the District Attorney and the City Council. c. Wage and Independent Contractor Status- Each party shall pay all wages, salaries, and other amounts due to their own personnel in connection with any and all services under this Agreement and as required by law. Each party shall be responsible for all reports and obligations respecting their own personnel, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. Employees, independent contractors, or agents of one party shall not be deemed employees of any other party for any purpose.

V. AMENDMENTS:
a. This MOU may be amended only by mutual written consent of the parties.

VII. INDEMNIFICATION:
a. Mutual Hold Harmless — The parties agree to the following . It is agreed that the CITY shall defend, save harmless and indemnify COUNTY, its officers and employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this MOU and which result from the negligent acts or omissions of the CITY, its officers and/or employees. ii. It is further agreed that COUNTY shall defend, save harmless and indemnify the CITY, its officers and employees from any and all claims for injuries or damage to persons and/or property which arise out of the terms and conditions of this MOU and which result from the negligent acts or omissions of COUNTY, its officers and/or employees. iii. In the event of concurrent negligence of the CITY, its officers and/or employees, and the COUNTY, its officers and/or employees then the liability for any and all claims for injuries or damages to persons and/or property which arise out of the terms and conditions of this MOU shall be apportioned under principles of comparative negligence as established presently by California law, or as may be hereafter modified. b. Survival. The indemnity obligations of this Agreement shall survive the expiration or termination of this Agreement.
c. Equal Opportunity Employment. The DA represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non139 Item 15.
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discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

VIII. INSURANCE:
a. Without limiting the CITY's indemnification, CITY shall procure and maintain for the duration of this MOU, insurance against claims for injuries to persons or damages to property that may arise from, or in connection with the performance of the work hereunder by the CITY, its agents, representatives, employees, and subcontractors
b. The COUNTY self-insures third party liability claims alleging bodily injury, personal injury, property damage, or public officials' errors and omissions. The COUNTY self-insures losses up to $100,000 per occurrence. Losses exceeding $100,000 are covered by an excess insurance purchased through the County Supervisors Association of California Excess Insurance Authority (CSAC-EIA). The excess policy provides coverage for losses up to twenty (20) million dollars, which the COUNTY is legally required to pay because of liability imposed by law or assumed by contract. A recent actuarial evaluation performed by Bickmore Risk Services found the COUNTY'S self-insurance reserves to be adequately funded.

IX. ALTERATION OF TERMS:
a. The body of this MOU fully expresses all understandings of the parties concerning all matters covered and shall constitute the total MOU. No addition to, or alteration of, the terms of this MOU whether by written or verbal understanding of the parties, their officers, agents or employees shall be valid unless made in the form of written amendment to this MOU which is formally approved and executed by all parties.

X. NOTICES:
a. All notices, claims, correspondence, reports and/or statements authorized or required by this MOU shall be addressed as follows:

COUNTY:

Program: Jon Duffy, Chief Investigator
Butte County District Attorney’s Office
25 County Center Dr., Ste 245
Oroville, CA 95965 (530) 552-5500
[email protected]
Fiscal: Kelly Kennelly, Senior Administrative Analyst
Butte County District Attorney’s Office
25 County Center Dr.

Oroville, CA 95965 (530)552-5510
[email protected]
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CITY:

Program: Bill LaGrone, Chief of Police
Oroville Police Department
2055 Lincoln St
Oroville, CA 95966 (530) 538-2448
Jess Darnell, Assistant Chief of Police
Oroville Police Department
2055 Lincoln St
Oroville, CA 95966 (530) 538-2448
Fiscal: Brian Ring, City Administrator
City Hall
1735 Montgomery Street
Oroville, CA 95965 (530)538-2436
[email protected]
XI. APPLICABLE LAW AND FORUM:
a. This MOU shall be construed and interpreted according to California law and any action to enforce the terms of this MOU for the breach thereof shall be brought and tried in the County of Butte.
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IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the day and year first above written.

COUNTY: CITY:
__________________________________ _____________________________________ Tod Kimmelshue, Chair Date David Pittman, Mayor Date
Butte County Board of Supervisors City of Oroville
__________________________________ _____________________________________ Michael L. Ramsey Date Brian Ring Date
District Attorney City Administrator
_________________________________
Butte County Counsel Date
Reviewed for Contract Policy Compliance:
_______________________________
General Services Contract Division Date
Attachments:Exhibit 1: Scope of Services
Attachment A: Procedures attached hereto and incorporated herein Attachment B Interview Guidelines attached hereto and incorporated herein Approved as to Form:
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EXHIBIT 1: SCOPE OF SERVICES
Oroville Police / District Attorney Investigative Assistance

PURPOSE
This document labeled Exhibit 1- Scope of Services, where applicable, shall supersede all other documents relating to the agreement for services. This agreement between the Oroville Police Department, herein referred to as “CITY”, and the Butte County District Attorney, herein referred to as “COUNTY”, is to address Oroville Police Department staffing shortages. This agreement is for specific investigations relating to child abuse cases involving known suspects, requiring on-going investigative needs. Cases that require immediate collection of evidence, arrest(s), or other immediate attention, shall remain with CITY until such time the case can be appropriately turned over to COUNTY. Nothing in this agreement shall prevent CITY from completing their own investigation and submitting a request for complaint to the District Attorney.

Cases where the suspect is not known, or is known but the suspect presents an immediate danger to the victim, their family, or the public, shall remain the responsibility of CITY. The safety of the victim and/or community will supersede any procedures outlined in this agreement and shall remain the responsibility of CITY.

This agreement does not provide for call-out services, however there may be occasions where call-outs are needed. Those determinations will be made between a COUNTY lieutenant and CITY detective or their supervisor.

It is the intent of this agreement COUNTY will provide services to augment, not replace, current CITY detective(s).

CITY detective(s) will be a key participant and liaison between CITY and COUNTY. The goal of this agreement is to establish procedures and protocols that will enable CITY, once staffing levels have improved, to conduct all investigations. The procedures outlined in this agreement are best practices that should be utilized after this agreement is complete.

SCOPE OF AGREEMENT
CITY
This agreement shall be for a term of one year, with potential extensions, upon agreement by both parties. The cost of services to be provided will be determined by the quantity and complexity of cases. CITY shall provide an accurate account of referrals from CSD, calls for service through their communication center, or any other method of receiving reports of crimes against children. Both parties recognize the difficulty in determining, or foreseeing, the quantity or complexity of referrals. Therefore, CITY agrees to provide funding for:
1) No less than 1 Full Time Equivalent (FTE) DA investigator II position, and not to exceed, 2 FTE District Attorney Investigator II positions, to include salary & benefits, currently established at $360,000. 2) .2 FTE Investigative Lieutenant position, salary and benefits, currently established at $40,000.

The total cost for services outlined in this agreement shall not exceed $400,000. Any training and related expenses required for the performance of this agreement shall be included within the “not to exceed” amount.

Given the unknown quantity or complexity of cases at the outset of this agreement, CITY agrees to fund a minimum of 1 FTE DA investigator and .2 FTE DA investigative lieutenant, for a minimum agreed cost of $220,000.

Service costs exceeding this minimum will be billed quarterly up to the maximum agreed upon amount. If investigative services are anticipated to exceed the current limit of two (2) FTE DA investigators, CITY and COUNTY 143
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shall determine whether additional funding is necessary, or whether to cancel the agreement. Regardless of the decision to increase the contract amount or cease further arrangement, any cases being worked by COUNTY will remain with the COUNTY and will not revert to CITY.

COUNTY
COUNTY agrees to provide up to 2 FTE DA investigators and a .2 FTE District Attorney Investigative Lieutenant position to conduct all follow-up investigations of child abuse cases where the suspect is known. It is the intent of this agreement that the COUNTY will investigate on behalf of CITY, but will remain physically located at the District Attorney’s Office. COUNTY will provide investigative services as needed to address crimes related to child abuse where the suspect is known. COUNTY will provide all resources required to maintain the COUNTY’s investigative services, i.e., vehicles, safety equipment, training, etc. COUNTY will provide financial reports and/ or reports of DA investigator hours billed to this agreement on a quarterly basis, or intermittent intervals upon written request. All reports, documents, or writing prepared by COUNTY will remain the property of, and remain with, the District Attorney’s Office, with a copy of all items relating to an investigation provided to CITY for inclusion in their case file. Upon closing an investigation, a complete investigative packet will be submitted to CITY as the final custodian of record.

Upon receipt of any records request authorized by law, CITY and/or COUNTY, may release any information pursuant to the direction of the City Attorney, Butte County Counsel, or both, depending on the request. All PRA requests for investigations conducted under this MOU shall be initiated with CITY.

PROCEDURE
CITY
Children Services Division (CSD) Referral of Cases
The Butte County Department of Social Services, Children Services Division (CSD) is responsible for alerting agencies within Butte County of suspected child abuse. It is important for CITY to create, and maintain, an effective method for processing each referral and establish a proper response by its officers. CITY will retain responsibility for initial evaluation of Children Services Division referrals, initial response to reports of child abuse, and the proper documentation of child abuse cases.

Referrals to CITY
CITY will be responsible for the review of, and response to, CSD referrals of child abuse. CITY agrees to establish a procedure in which CSD referrals are reviewed within 24 hrs. of receiving the referral. CITY will then conduct any additional investigation as deemed appropriate. The majority of follow-up investigations can be performed as a function of patrol. If a referral is initially evaluated to be complex or above the abilities of patrol, CITY’s responding officer should contact CITY detective(s) for initial assistance. CITY detective(s) shall determine whether to call The COUNTY for assistance. For further information on requirements/ guidelines of the initial investigation, refer to attachments A and B.

When a call for service of a child abuse report comes to CITY Communication Center, a patrol sergeant shall be notified. The sergeant shall ensure the assigned officer obtains the information outlined within Attachment A of this agreement, complete their report and that report is submitted to The COUNTY within 48 hrs. 144
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Case Types and Response
Child abuse cases referred to prosecution typically fall under two categories, physical or sexual abuse. Emotional abuse is recognized; however, these cases typically require the involvement of members from the licensed medical professional community. Emotional cases shall be handled on a case-by-case basis with proper communication between CITY and COUNTY.

Physical Abuse
Physical abuse cases are often the result of an acute incident where the victim has signs of injury and immediate attention is needed to collect evidence and protect the child. CITY patrol officers should be able to address the majority of these cases, especially where any delay in investigation may lead to the loss of evidence or increased harm to the victim. When the facts and evidence of the case deem it appropriate, it is anticipated patrol will make the arrest of the suspect.

In cases where there is no current physical injury, or no readily identifiable evidence, but ongoing abuse is suspected, it may be appropriate to forward those cases to CITY detective for review. If CITY detective deems it necessary to forward the investigation to COUNTY, the detective shall contact COUNTY to determine an investigative plan.

Sexual Abuse
Unlike physical abuse cases, CITY’s patrol officers investigating suspected sexual abuse should keep the investigation to a minimum. Once the officer obtains a disclosure, they should prepare the case to be sent to COUNTY. Attachments A and B are provided to assist with initial sexual abuse investigations.

Under normal scenarios the initial investigating Agency officer should not attempt to make an initial arrest. Placing a suspect under arrest has the potential to jeopardize any further investigation and should be done only as a last resort to protect the victim from further harm. While the purpose of the initial investigation is to determine whether the child victim discloses any abuse, there may be scenarios where an arrest is appropriate. When an officer determines an arrest may be necessary they should, whenever possible, contact CITY detective(s) to assist in reviewing the scenario with a Deputy District Attorney or The COUNTY.

Reports
CITY will create a method of “flagging”, for immediate review, all reports intended to be submitted to COUNTY. “Flagged” reports shall be reviewed as soon as possible and submitted to COUNTY1. In an effort to ensure CITY detective(s) are familiar with all cases handled by CITY, CITY detective(s) should be notified of all cases referred to COUNTY. Due to the critical and time sensitive nature of these cases, all referrals must be submitted to COUNTY within 72 hrs. of receiving a CSD referral. Unless prior arrangement was made with COUNTY, any referral submitted beyond 72 hours of receipt will remain the responsibility of CITY.

THE COUNTY
COUNTY will review case requests submitted by CITY and, 1) schedule the Child Abuse Response Team interview (CART) or, 2) contact CITY detective to obtain critical missing details. Such critical missing details would include

1 Either through thumb drive, secured email submission or any other reasonable method. 145
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failure to submit the complete case packet or failing to provide the details outlined in the Scope of AgreementAgency responsibility, outlined in this, “Exhibit 1-Scope of Services” document.

Upon receiving scene investigation reports/media, The COUNTY will review the material and conduct all subsequent investigations, to include, but not limited to:
1) Follow up interviews.
2) Search and arrest warrants.
3) Scheduling and attendance of CARTs.
4) Witness transportation.
5) Pre-trial and trial assistance.

In addition to investigative services, The District Attorney and/or The COUNTY will provide initial and ongoing training as needed to equip CITY patrol officers with the knowledge to conduct proper initial investigations. The COUNTY will also provide a basic written guide to assist patrol officers, (Attachment A).

EVIDENCE
COUNTY will temporarily enter evidence in to the COUNTY evidence system, however CITY shall provide evidence storage for all items of evidence related to an investigation pursuant this MOU. Upon completion of an investigation, all items of evidence will be submitted to CITY for storage in according with their policies and procedures.

CANCELLATION OF AGREEMENT
If CITY determines they have the ability to resume investigations covered in this agreement, CITY and COUNTY will meet to establish a method of transitioning cases back to CITY. 146
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Attachment A
Procedures
Upon securing the victim and the scene, barring exigent circumstances, disclosure MUST be had before the case is sent to The COUNTY if the child is of interviewing age. Cases may be sent to COUNTY without a disclosure from the child if the child is not capable of providing a statement. These cases should be reviewed with a Deputy District Attorney.

On scene requirements
All first responders shall, at a minimum, ensure the following details are determined:
1) Confirm the victim is safe.
2) Determine suspect relationship to the victim and any reporting party (RP). 3) Determine whether suspect is capable of further harm to victim/community. i. If suspect is known and does not present a safety concern, case can be submitted to The COUNTY as outlined in this agreement.
ii. If suspect is unknown or the whereabouts are not known, patrol and CITY detective should conduct further investigation to determine risk to victim/community. iii. Is suspect aware of allegations?
iv. Did suspect make any potential threats of harm to himself or others? v. Is there an increased risk to the victim or community? 4) Is the abuse acute or historical?
a. Is suspect in the home?
b. How long has it been going on?
c. Any observable injuries?
5) Is evidence protected/collected?
a. If collection assistance is needed, contact CITY detective. i. Detective will assist with requirements for a SART exam. 6) Comply with all legal requirements for notifications:
a. Contact CSD.
b. Provide appropriate brochures.
c. Make victim advocate notifications where appropriate. 7) Full written documentation of statement from RP gathering the following information:
a. Type of abuse (physical/ sexual).
b. How RP learned of disclosure.
c. Details of disclosure.
d. Duration of abuse (if known).
e. Relationship between suspect and victim.
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f. Any prior suspicions/concerns.
g. Location of suspect.
h. Suspect relationship/connection with other family members. i. Influence suspect may have had over victim (regular contact). j. Any additional children in the home
8) Obtain disclosure from child:
a. This is a basic disclosure about what happened just to confirm RP’s statement. Victim must be able to state what happened if victim is of age to interview. b. Do not get into detail, just the basics to establish the type of crime from the victim. (See attachment B)
9) Obtain victim’s availability for CART interview; depending on age, confirm with non-offending parent and/or guardian. This information will be passed on in the referral to COUNTY. 10) CITY will not do a press release on any case being submitted to COUNTY. 148
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ATTACHMENT B
Interview Guidelines

1. LOCATION:

A. Get on child’s level. Build rapport.
 Be cognizant of what body cam is capturing.

B. Interview child separately from witnesses & parents.

2. QUESTIONS:

A. Open-ended Examples:
 “I heard something may have happened to you, can you tell me about it?”  “What happened?”
 “Tell me about that.”
 “Tell me more about that.”
 “Where did it happen?”
 “Did anything else happen?”
B. What happened? Let the child describe in their own words. Do no not insert your own vocabulary. Repeat back to the child using the words they used.

C. Where? - generally speaking. “Grandma’s house” is sufficient.

D. When? - generally speaking. If they can provide an age or grade, great. If not, that’s ok. Ask whether it was once or more than once.

3. DOCUMENT:

A. Take photographs of injuries after the interview.

B. Note in your report child’s demeanor and emotions.

Remember: We are attempting to get minimum facts necessary from the child that we cannot get from anyone else.

Probable cause can be based on minimal facts and supplemented by corroborating statements from others.
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OROVILLE CITY COUNCIL
RESOLUTION NO. 9308

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT FOR INVESTIGATIVE SERVICES FROM THE BUTTE COUNTY DISTRICT ATTORNEY’S OFFICE FOR

SPECIFIC TYPES OF CHILD ABUSE CAES
(Amended Agreement No. 3445)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an agreement between the City of Oroville and the Butte County District Attorney’s Office. A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on August 20, 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 150
Item 15.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: AGREEMENT WITH BUTTE COUNTY FOR PARTIAL

REIMBURSEMENT FOR ALLEY MAINTENANCE OF COUNTY
SERVICE AREA 17 ZONE 2 ALLEYS.

DATE: AUGUST 20, 2024

SUMMARY
The City Council may consider authorizing the execution of an agreement with the County of Butte for partial reimbursement for alley maintenance of service area 17 Zone 2 alleys.

DISCUSSION
The City of Oroville and the County of Butte acknowledge the 2014-2015 annexation of Southside Oroville, a geographic area that includes County Service Area (CSA) 17 (ref. City of Oroville Resolution No. 8287 and Butte Local Agency Formation Commission (LAFCo) Resolution No. 08 2014/15), to the city. CSA 17 consists of two zones of benefit, with Zone 1 providing funding for street lighting services and Zone 2 providing funding for alleyway maintenance services.

LAFCo conditioned the Southside Oroville annexation on the continuation of the CSA, and the city recognized that the CSA would remain in effect in its resolution. The city resolution established intent to provide alleyway maintenance services to Zone 2 in exchange for a share of the funding raised by the CSA. While CSA management has remained with the County of Butte, and Zone 1 streetlighting services continue to be provided by the County of Butte, Zone 2 alleyway maintenance services have been transferred to the city. Since annexation, the city has provided alleyway maintenance for CSA 17, Zone 2. To date, the city has not requested reimbursement for maintenance costs associated with CSA 17, Zone 2. This MOU provides for partial reimbursement of the costs of the city provided maintenance.

The CSA collects annual parcel fees to fund alleyway maintenance and reimbursement of County of Butte staff time for work performed on behalf of CSA 17, Zone 2. City of Oroville Resolution No. 8287 authorized the execution of a letter agreement between the CITY and the County of Butte, allowing the CITY to seek partial reimbursement for alleyway maintenance costs. It is understood by all parties that annual CSA revenues will not fully fund alleyway maintenance costs.
151
Item 16.

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The county agrees to retroactively compensate the City (not to exceed $45,000) upon submission of an invoice with backup (detailing time spent and materials purchased) showing the completion of work as identified in the scope of work.

Upon continued maintenance of the alleys of County Service Area 17, Zone 2, the County of Butte will pay the City of Oroville $5,000 annually.

FISCAL IMPACT
Up to $5,000 annual reimbursement for alley way maintenance.

RECOMMENDATION
Approve resolution executing an agreement with the County of Butte for partial reimbursement for alley maintenance of service area 17 Zone 2 alleys and authorize the Mayor to sign.

ATTACHMENTS
LAFCO Resolution No. 08 2014/15;
City Resolution No 8287;
Hope Center Work Tracking Sheet;
MOU with County of Butte; and
Resolution.
152
Item 16.
153
Item 16.
154
Item 16.
155
Item 16.
156
Item 16.
157
Item 16.

The Hope Center
CS Vendor #1638
Tyler Vendor #1426
Transaction Date Transaction Code Invoice Encumbrance/PO Number 06/29/2023 21 19678 0
06/22/2023 21 19662 0
06/01/2023 21 19646 0
05/11/2023 21 19584 0
04/27/2023 21 19571 0
04/13/2023 21 19546 0
03/30/2023 21 19541 0
03/09/2023 21 19539 0
03/09/2023 21 19540 0
02/23/2023 21 19537 0
02/23/2023 21 19534 0
02/23/2023 21 19535 0
01/05/2023 21 19532 0
12/15/2022 21 19531 0
11/22/2022 21 19529 0
11/22/2022 21 19528 0
11/02/2022 21 19524 0
10/13/2022 21 19523A E23037
10/13/2022 21 19523 E22059
09/29/2022 17 E23037
09/29/2022 21 19496 E22059
09/22/2022 21 19482 E22059
08/25/2022 21 19469 E22059
08/18/2022 21 19446 E22059
08/18/2022 21 19452 E22059
07/01/2022 17 E22059
07/01/2022 18 E22059
07/14/2022 21 19423 E22059
06/30/2022 21 19412 0
06/16/2022 21 19396 0
05/26/2022 21 19387 E22059
05/19/2022 21 19342 E22059
04/28/2022 21 19337 E22059
04/14/2022 21 19312 0
03/24/2022 21 19299 0
03/17/2022 21 19273 0
03/03/2022 17 E22059
03/02/2022 21 19264 0
02/10/2022 21 19245 0
02/10/2022 21 19253 0
01/13/2022 21 19231 0
01/06/2022 21 19226 0
12/30/2021 21 19185 0
12/30/2021 21 19201 0
12/21/2021 21 19121 0
12/09/2021 21 19036 0
12/02/2021 21 19022 0
11/23/2021 21 19012 0
158
Item 16.
11/10/2021 21 18981
0 11/10/2021 21 189460
11/04/2021 21 189310
10/28/2021 21 189200
10/28/2021 21 189270
10/14/2021 21 189050
10/07/2021 21 188960
09/30/2021 21 188820
09/23/2021 21 188750
09/16/2021 21 188630
09/09/2021 21 188410
08/31/2021 21 188320
08/26/2021 21 188260
08/19/2021 21 188010
08/19/2021 21 187930
08/05/2021 21 187820
08/05/2021 21 187880
07/22/2021 21 187690
07/15/2021 21 187620
07/08/2021 21 187390
06/10/2021 21 187130
05/13/2021 21 186420
04/22/2021 21 18612 E20138
04/22/2021 21 18612A0
03/23/2021 21 210322 E21081
03/22/2021 17 E21081
03/04/2021 21 18586 E20138
02/11/2021 21 18533 E20138
01/07/2021 21 18512 E20138
12/17/2020 21 18426 E20138
11/19/2020 21 18417 E20138
10/20/2020 21 18382 E20138
10/14/2020 21 E18116
08/27/2020 21 18322 E20138
07/23/2020 17 E20138
07/23/2020 18 E20138
07/23/2020 17 E18116
07/23/2020 18 E18116
07/23/2020 21 18216 E20138
06/25/2020 21 18011 E20138
04/27/2020 21 17861 E20138
04/23/2020 21 17832 E20138
03/12/2020 21 200227 E20138
03/05/2020 21 02072020 E20138
01/16/2020 21 191206 E20138
11/26/2019 21 182031 E20138
11/21/2019 17 E20138
09/12/2019 21 092019 E18116
09/12/2019 21 182011 E18116
07/01/2019 17 E18116
07/01/2019 18 E18116
06/05/2019 21 052019 E18116
12/04/2018 21 17401 E18116
159
Item 16.
08/29/2018 21 12561 E18116
08/01/2018 21 12430 E18116
07/02/2018 17 E18116
07/02/2018 18 E18116
06/06/2018 21 12328 E18116
03/21/2018 17 E18116
03/21/2018 21 E18109
03/01/2018 21 12427 E18109
02/01/2018 21 12318 E18109
01/31/2018 17 E18109
09/13/2017 21 16699 0
08/15/2017 21 16694 0
08/15/2017 21 16694 0
08/15/2017 21 16694 0
08/11/2017 21 16689 0
06/23/2017 21 16459 0
01/26/2017 21 001 0
160
Item 16.

Check Number Description Amount City Works Assignment
15783 WEED ABATEMENT 5844.13 PUBLIC WORKS
15732 WEED ABATEMENT 5982 PUBLIC WORKS
15547 WEED ABATEMENT 6143.12 ZONE F LEVYS
15367 WEED ABATEMENT 4964.93 ZONE E SS ALLEYS
15255 WEED ABATEMENT 4777.91 ZONE E SS ALLEYS
15142 WEED ABATEMENT 4112.31 ZONE B WEST
14992 WEED ABATEMENT 3880.69 PUBLIC WORKS
14799 WEED ABATEMENT 3421.45 PUBLIC WORKS
14799 WEED ABATEMENT 2438.05 PUBLIC WORKS
14669 WEED ABATEMENT 4131.31 PUBLIC WORKS
14669 WEED ABATEMENT 3336.08 PUBLIC WORKS
14669 WEED ABATEMENT 2905.67 PUBLIC WORKS
14296 WEED ABATEMENT 3783.91 ZONE A CITY FRONTAGE
14186 WEED ABATEMENT 3161.29 PUBLIC WORKS
14012 WEED ABATE 11/1-11/5 3413.82 PUBLIC WORKS
14012 WEED ABATE11/15-11/20 3187.12 PUBLIC WORKS
13842 WEED ABATE10/19-10/21 3573.24 ZONE D PARK AND DITCHES 13694 WEED ABATEMENT 3019.2 ZONE E STORM DRAIN
13694 WEED ABATEMENT 902.32 ZONE E STORM DRAIN
WEED ABATEMENT 30000
13567 WEED ABATE91/-9/15/22 3808.85 ZONE E SS ALLEYS
13497 WEED ABATE 8/16-8/31 3220.03 ZONE E SS ALLEYS
13272 8/1-815/22WEED ABATE 2563.39 DOWNTOWN IMPROVEMENT 13231 WEED ABATE 7/1-7/15/2 3321.68 ZONE A STORM DRAIN
13231 WEED ABATE 7/16-7/31/ 2803.84 ZONE A STORM DRAIN
ENCUMB CARRIED FORWARD 16620.11
PRIOR YEAR ENCUMBRANCE -16620.11
12930 WEED ABATE 6/16-6/30/ 3948.28 PUBLIC WORKS
12832 WEED ABATE6/1-6/15/22 4175.96 PUBLIC WORKS
12695 WEED ABATE 5/16-5/31/ 3752.92 ZONE F BIKE TRAIL
12567 WEED ABATE 5/1-5/15/2 3405.43 ZONE F LEVYS
12509 WEED ABATE4/16-4/30/2 2748.57 ZONE E SS ALLEYS
12337 WEED ABATE4/1-4/15/22 3277.61 ZONE E SS ALLEYS
12227 WEED ABATE 3/16-3/31 4362.83 PUBLIC WORKS
12037 WEED ABATE3/1-3/15/22 3813.3 PUBLIC WORKS
11987 2/16-2/28/22WEED ABAT 2705.78 PUBLIC WORKS
WEED ABATEMENT 30000
11872 WEED ABATE2/1-2/15/22 3185.66 ZONE A DUMPING CU
11701 WEED ABATE 1/1-1/15/2 2840.5 ZONE A DUMPING CU
11701 WEED ABATE1/16-1/31/2 2608.61 ZONE A DUMPING CU
11450 WEED ABATE 12/20/21 660.5 PUBLIC WORKS
11423 WEED ABATE 12/23/21 852.41 PUBLIC WORKS
11385 WEED ABATE 12/9/21 1434.6 PUBLIC WORKS
11385 WEED ABATE 12/16/21 1229.95 ZONE F DOWNTOWN IMP
11321 WEED ABATE 12/2/21 984.95 ZONE F DOWNTOWN IMP
11216 WEED ABATE 11/24/21 1010.95 ZONE F DOWNTOWN IMP
11173 WEED ABATE 11/18/21 1062.95 PUBLIC WORKS
11117 WEED ABATE 11/11/21 1090.3 PUBLIC WORKS
161
Item 16.
11031 WEED ABATE 11/4/21 1184.95 PUBLIC WORKS
11031 10/28/21 WEED ABATE 1434.6 PUBLIC WORKS
10979 WEED ABATE 10/21/21 1164.95 ZONE F PARKS
10925 10/7/21 WEED ABATE 1294.95 ZONE F PARKS
10925 10/14/21 WEED ABATE 796.65 ZONE F PARKS
10814 9/30/21 WEED ABATE 1369.6 ZONE E STREETS
10749 WEED ABATE 9/23/21 1184.65 ZONE E STREETS
10696 WEED ABATE 9/16/21 1280.95 ZONE B ALLEYS
10636 WEED ABATE 9/9/21 1480.1 ZONE B ALLEYS
10596 WEED ABATE 9/2/21 1694.6 ZONE B CITY FRONTAGE
10525 WEED ABATE 8/26/21 1715.08 ZONE B CITY FRONTAGE
10492 WEED ABATE 8/24/21 1564.6 PUBLIC WORKS
10429 8/17/21 WEED ABATEMNT 1668.6 PUBLIC WORKS
10388 8/10/21 WEED ABATEMNT 1582.95 PUBLIC WORKS
10388 8/3/21 WEED ABATEMNT 1318.25 ZONE F POPEYES
10250 WEED ABATE 7/14/21 1283.5 ZONE F POPEYES
10250 WEED ABATE 7/22/21 633 ZONE F OPD
10148 7/8/21 WEED ABATEMENT 1420 ZONE F OPD
10078 WEED ABATEMENT 4780.25 PUBLIC WORKS
10029 6/11/21 WEED ABATEMNT 3804 PUBLIC WORKS
180252 WEED ABATEMENT 3995.25 ZONE E SS ALLEYS
180018 WEED ABATEMENT 4389 ZONE E SS ALLEYS
179858 WEED ABATEMENT 1414.06 PUBLIC WORKS
179858 WEED ABATEMENT 2614.44 PUBLIC WORKS
179627 CDBG CV1/HOPE CTR 95342
CDBG CV1/HOPE CTR 95342
179485 WEED ABATEMENT 4191.5 ZONE E RICHTER
179334 WEED ABATEMENT 4199.25 ZONE E RICHTER
179057 WEED ABATEMENT 4931 PUBLIC WORKS
178945 WEED ABATEMENT 4493 PUBLIC WORKS
178744 WEED ABATEMENT 5097 ZONE D TOP OF WORLD
178535 WEED ABATEMENT 4254 ZONE D TOP OF WORLD
WEED ABATEMENT 0
171843 WEED ABATEMENT 4788 ZONE F SS COMMUNITY
ENCUMB CARRIED FORWARD 33367.81 ZONE F DUMPING CU
PRIOR YEAR ENCUMBRANCE -33367.81 ZONE E DUMPING CU
ENCUMB CARRIED FORWARD 181.32 ZONE F DUMPING CU
PRIOR YEAR ENCUMBRANCE -181.32 ZONE E DUMPING CU
171578 WEED ABATEMENT 4000 ZONE E SS ALLEYS
17392 WEED ABATEMENT 4832 ZONE E SS ALLEYS
16945 WEED ABATEMENT 4436.5 ZONE F LEVYS
16851 WEED ABATEMENT 4000 PUBLIC WORKS
16572 WEED ABATEMENT 5140 PUBLIC WORKS
16532 WEED ABATEMENT 6000 PUBLIC WORKS
16162 WEED ABATEMENT 4223.69 ZONE D BUTTE WOODS
15665 WEED ABATEMENT 6000 ZONE D BUTTE WOODS
WEED ABATEMENT 72000
15099 WEED ABATEMENT 3000 ZONE F BIKE TRAIL
15099 WEED ABATEMENT 3000 ZONE F BIKE TRAIL
ENCUMB CARRIED FORWARD 6181.32
PRIOR YEAR ENCUMBRANCE -6181.32
14357 WEED ABATEMENT 3000 ZONE F HEWITT
13099 WEED ABATEMENT 3000 ZONE E SS ALLEYS
162
Item 16.
12430 WEED ABATEMENT 3000 ZONE E SS ALLEYS
12239 WEED ABATEMENT 3000 PUBLIC WORKS
ENCUMB CARRIED FORWARD 18181.32
PRIOR YEAR ENCUMBRANCE -18181.32
11841 4/18-6/18 CLEAN UP 3000 PUBLIC WORKS
WEED ABATEMENT 21181.32
WEED ABATEMENT 0
11133 WEED ABATEMENT 3500 ZONE B CITY FRONTAGE
10973 WEED ABATEMENT 3500 PUBLIC WORKS
WEED ABATEMENT 28181.32
10039 COMMUNITY CLEANUP #5 1000 PUBLIC WORKS
9824 COMMUNITY CLEANUP 3500 ZONE E SS ALLEYS
COMMUNITY CLEANUP #4 -3500
COMMUNITY CLEANUP #4 3500
9787 COMMUNITY CLEANING 3500 ZONE A CITY EASMENT RAILROAD 9446 COMMUNITY CLEANING 3500 ZONE A CITY EASMENT RAILROAD 8371 COMMUNITY CLEAN-UP 3500 PUBLIC WORKS
Total Zone E SS Alleys 49,514.12
163
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Assignment

TY FRONTAGE

ARK AND DITCHES

ORM DRAIN

WN IMPROVEMENT

ORM DRAIN

UMPING CU

OWNTOWN IMP

OWNTOWN IMP
164
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TY FRONTAGE

OP OF WORLD

COMMUNITY

MPING CU

UMPING CU

MPING CU

UMPING CU

UTTE WOODS

UTTE WOODS
165
Item 16.

TY FRONTAGE

TY EASMENT RAILROAD

TY EASMENT RAILROAD
166
Item 16.

Memorandum of Understanding

Page 1 of 3 ends

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF OROVILLE

AND THE

COUNTY OF BUTTE

ALLEYWAY MAINTENANCE SERVICES
COUNTY SERVICE AREA (CSA) 17, ZONE 2
This Memorandum of Understanding (MOU) is made and entered into by and between the City of Oroville, hereinafter referred to as CITY, and the County of Butte.

The CITY and the County of Butte acknowledge the 2014-2015 annexation of Southside Oroville, a geographic area that includes County Service Area (CSA) 17 (ref. City of Oroville Resolution No. 8287 and Butte Local Agency Formation Commission (LAFCo) Resolution No. 08 2014/15), to the CITY. CSA 17 consists of two zones of benefit, with Zone 1 providing funding for street lighting services and Zone 2 providing funding for alleyway maintenance services. LAFCo conditioned the Southside Oroville annexation on the continuation of the CSA, and the CITY recognized that the CSA would remain in effect in its resolution. The CITY resolution established intent to provide alleyway maintenance services to Zone 2 in exchange for a share of the funding raised by the CSA. While CSA management has remained with the County of Butte, and Zone 1 streetlighting services continue to be provided by the County of Butte, Zone 2 alleyway maintenance services have been transferred to the CITY. Since annexation, the CITY has provided alleyway maintenance for CSA 17, Zone 2. To date, the CITY has not requested reimbursement for maintenance costs associated with CSA 17, Zone 2. This MOU provides for partial reimbursement of the costs of the CITY provided maintenance.

CSA revenue will be allocated to the CITY as specified below.

AGREEMENT
Now, therefore, in consideration of the mutual covenants and conditions hereinafter set forth, the CITY and the County of Butte agree as follows:

1. COMPENSATION: Upon completion of work as identified in the scope of work below and submission of an invoice with backup (detailing time spent and materials purchased), the County of Butte shall reimburse the CITY for 167
Item 16.

Memorandum of Understanding

Page 2 of 3 ends

maintenance costs associated with CSA 17, Zone 2 through annual parcel fee revenues, not to exceed $5,000 annually.

2. RETROACTIVE COMPENSATION: Upon submission of an invoice with backup (detailing time spent and materials purchased) showing the completion of work as identified in the scope of work below, the County of Butte shall reimburse the CITY for retroactive maintenance costs of CSA 17, Zone 2 from 2015 to 2023, not to exceed $45,000.

3. SCOPE OF WORK: As noted in the introductory paragraphs above, while the County of Butte continues to perform administrative management of the CSA, alleyway maintenance services have been transferred to the CITY; the County of Butte no longer performs any alleyway maintenance services; and the CITY is entirely responsible for alleyway maintenance services and shall receive partial compensation for the work specified in this section.

A. The CITY shall perform weeding and vegetation removal and tree removal.

B. The CITY shall perform the abatement of junk, trash, and debris.

C. The CITY shall perform the application of herbicides to control undesired plants.

4. TERMINATION: This MOU may be terminated by either Party upon giving thirty (30) days advance written notice of intention to terminate. This MOU may be cancelled immediately by either party upon written mutual consent. 168
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Memorandum of Understanding

Page 3 of 3 ends

The foregoing has been agreed upon by the following:

CITY OF OROVILLE:
____________________________ ___________________
Brian Ring, City Administrator Date
City of Oroville
THE COUNTY OF BUTTE:
____________________________ ___________________
Joshua Pack, Director Date
Butte County Public Works
CITY OF OROVILLE:
____________________________ ___________________
Dave Pittman, Mayor Date
169
Item 16.

CITY OF OROVILLE
RESOLUTION NO. 9309

A RESOLUTION OF THE OROVILLE CITY COUNCIL RATIFYING ALL DOCUMENTS

RELATING AGREEMENT WITH THE COUNTY OF BUTTE FOR PARTIAL REIMBURSEMENT FOR ALLEY MAINTENANCE OF SERVICE AREA 17 ZONE 2 ALLEYS
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council hereby ratifies all documents relating to the agreement with the County of Butte fsor partial reimbursement for alley maintenance of service area 17 Zone 2 alleys.
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 20, 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 170
Item 16.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: EMPLOYMENT CONTRACT AMENDMENT WITH FRED MAYO, PUBLIC

WORKS DIRECTOR
DATE: AUGUST 20, 2024

SUMMARY
The Council will consider an amendment to the employment contract with Fred Mayo, Public Works Director that would advance Mr. Mayo from Step F, $158,025 annual salary to Step G, $166,345 annual salary.

DISCUSSION
Fred Mayo accepted the position of Public Works Director and entered into a three-year employment contract with the City on July 31, 2023. The contract provides for a performance evaluation each year of the contract, where with a satisfactory review, consideration is given for a step increase. The Council directed the City Administrator to bring this contract amendment forward advancing Mr. Mayo from Step F, $158,025 annual salary to Step G, $166,345 annual salary.

The Government Code requires that all contracts for employment, including amendments, be approved at a regularly scheduled Council Meeting. The amendment to Mayo’s employment agreement makes the following change:
 A salary advancement to Step G on the Department Head salary schedule, with an annual salary of $166,345, with an effective date of August 19, 2024.

FISCAL IMPACT
This will represent an annual salary increase of $9,500 and will be absorbed in the existing budget.

RECOMMENDATION
Adopt Resolution No. 9310 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND FRED MAYO – (Agreement No. 3465).
171
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ATTACHMENTS:

Contract;
Contract Amendment; and
Resolution.
172
Item 17.
173
Item 17.
174
Item 17.
175
Item 17.
176
Item 17.
177
Item 17.
178
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179
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180
Item 17.

AMENDMENT #1 TO EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF OROVILLE AND FRED MAYO
This Amendment, dated August 20, 2024, is to the Employment Agreement (“Agreement”) effective June 4, 2024, between the City of Oroville (“City”) and Fred Mayo. (“Mayo”).

In consideration of the terms and conditions herein, the City and Mayo agree that the Agreement shall be amended as follows:

1. SECTION 5 IS REPLACED WITH THE FOLLOWING:

City agrees to place Mayo at Step G of the Department Head salary schedule, an annual base salary of $166,345 effective August 19, 2024 and payable at the same time and manner as other Council Appointed Employees of the City are paid. 2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)

2. Conflicts between this Amended Agreement and the Agreement shall be controlled by this Amendment. All other provisions within the Agreement not modified by this Amendment shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
181
Item 17.

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

Scott E. Huber, City Attorney
182
Item 17.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9310

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND FRED MAYO
(Amended Agreement No. 3465)
Amendment 1
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an amendment to the employment agreement, Amendment 1 between the City of Oroville and Fred Mayo. A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on August 20, 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 183
Item 17.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: EMPLOYMENT CONTRACT AMENDMENT WITH PATRICK PIATT,

COMMUNITY DEVELOPMENT DIRECTOR
DATE: AUGUST 20, 2024

SUMMARY
The Council will consider an amendment to the employment contract with Patrick Piatt, Community Development Director, that would advance Mr. Piatt from Step D, $142,619 annual salary to Step E, $150,123 annual salary.

DISCUSSION
Patrick Piatt accepted the position of Community Development Director and entered into a three-year employment contract with the City on August 7, 2023. The contract provides for a performance evaluation each year of the contract, where with a satisfactory review, consideration is given for a step increase. The Council directed the City Administrator to bring this contract amendment forward advancing Mr. Piatt from Step D, $142,619 annual salary to Step E, $150,123 annual salary.

The Government Code requires that all contracts for employment, including amendments, be approved at a regularly scheduled Council Meeting. The amendment to Piatt’s employment agreement makes the following change:
 A salary advancement to Step E on the Department Head salary schedule, with an annual salary of $150,123, with an effective date of August 19, 2024.

FISCAL IMPACT
This will represent an annual salary increase of $8,600 and will be absorbed in the existing budget.

RECOMMENDATION
Adopt Resolution No. 9311 – 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 PATRICK PIATT – (Agreement No. 3464).
184
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ATTACHMENTS:

Contract;
Contract Amendment; and
Resolution.
185
Item 18.
186
Item 18.
187
Item 18.
188
Item 18.
189
Item 18.
190
Item 18.
191
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192
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193
Item 18.

AMENDMENT #1 TO EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF OROVILLE AND PATRICK PIATT
This Amendment, dated August 20, 2024, is to the Employment Agreement (“Agreement”) effective June 4, 2024, between the City of Oroville (“City”) and Patrick Piatt (“Piatt”).

In consideration of the terms and conditions herein, the City and Piatt agree that the Agreement shall be amended as follows:

1. SECTION 5 IS REPLACED WITH THE FOLLOWING:

City agrees to place Piatt at Step E of the Department Head salary schedule, an annual base salary of $150,123 effective August 19, 2024 and payable at the same time and manner as other Council Appointed Employees of the City are paid. 2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
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Item 18.

CITY OF OROVILLE
David Pittman, Mayor Patrick Piatt
Community Development Director
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
195
Item 18.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9311

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 PATRICK PIATT (Amended Agreement No. 3464)
Amendment 1
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an amendment to the employment agreement, Amendment 1 between the City of Oroville and Patrick Piatt. A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on August 20, 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 196
Item 18.

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CITY OF OROVILLE

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

KRISTINA HEREDIA, ASSOCIATE PLANNER
RE: ZONING AMENDMENT ZC24-03 AND GENERAL PLAN AMENDMENT GPA24-01 FOR THE YMCA PROPERTIES LOCATED AT 1650 & 1684

ROBINSON STREET
DATE: AUGUST 20, 2024

SUMMARY
The Oroville City Council shall conduct a public hearing to review and consider approval of Zoning Code Amendment ZC24-03 to rezone APNs 012-085-006 and 012-085-005 from Public or Quasi-Public Facilities (PQ) to Downtown Mixed Use (MXD). This action includes General Plan Amendment GPA24-01 to change the land use designation from Public to Mixed Use.

DISCUSSION
The Community Development Department has initiated a General Plan amendment and rezone request for two YMCA properties so that they may be sold and utilized as downtown mixed-use developments instead of being reserved solely for public and non-profit purposes.

The properties, located at 1650 & 1684 Robinson, were utilized by the YMCA prior to their relocation to the Oroville Civic Center. To ensure their continued presence in Oroville, they need to sell these two Public or Quasi-Public (PQ) zoned properties. The PQ zone limits land uses to “government, public, public utility and educational facilities,” 1 making it difficult to utilize for infill
development. The YMCA has had difficulties locating a buyer who’s proposed land use would be permitted in the PQ zoning district; as such, the two properties have stood vacant for the past two years. Unable to find buyers, the YMCA requested assistance from the City to amend the zoning district to Downtown Mixed Use (MXD). The City of Oroville has a long-standing partnership with the YMCA, and a desire for continued development of the downtown area. This Rezone, and General Plan Amendment, provides for both.

Planning Commission Summary
The Planning Commission at its July 25, 2024, meeting considered the Rezone and General Plan Amendment, and recommended City Council approval by a vote of 6 ayes, with 1 absent.

At the public hearing, three people spoke in opposition to the rezone. The main concern expressed revolved around a Trust Deed dated June 29, 1916, which stated that the property at

1 OMC 17.40.020.A
197
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1684 Robinson was granted to the YMCA “for the purpose of its use by said Association as a play ground for the boys and girls of Oroville, California, forever” (Attachment 5). The concern appears to be that the rezone and sale of the property would conflict with the Trust Deed.

The YMCA and their title company are in the process of reviewing this deed and working towards a resolution. As of publication of this staff report, 1650 Robinson Street has a clear title, and the rezone and subsequent sale of the property are not affected by this deed. While the title review of 1684 Robinson Street is still being finalized, it also appears that the rezone of the property would not be in conflict with the Trust Deed in question.

ENVIRONMENTAL
This rezone is not considered a project under CEQA, per Section 15378.b.5 of the California Code of Regulations.

FISCAL IMPACT
None.

RECOMMENDATIONS

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

ORDINANCE OF THE CITY OF OROVILLE CITY COUNCIL APPROVING ZONING CODE AMENDMENT ZC 24-03 FOR THE YMCA PROPERTIES
LOCATED AT 1650 & 1684 ROBINSON STREET.

2. Approve Resolution No. XXXX – A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF OROVILLE, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GPA 24-01 FOR 1650 & 1684 ROBINSON STREET.

ATTACHMENTS

1. Ordinance XXXX approving ZC24-03

2. Resolution XXXX approving GPA24-01

3. Trust Deed - 1916

4. July 25, 2024, Planning Commission Staff Report
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Item 19.

CITY OF OROVILLE
ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE APPROVING GENERAL PLAN AMENDMENT GPA24-001 AND ZONING CODE AMENDMENT ZC24-03 TO CHANGE THE LAND USE DESIGNATION OF TWO PARCELS ON ROBINSON STREET TO MIXED USE AND THE ZONING TO DOWNTOWN MIXEDUSE (APN’S 012-085-005 and 012-085-006) WHEREAS, the City of Oroville has determined that these parcels are no longer utilized by the YMCA for non-profit/public facilities as outlined in the 2015 adopted General Plan; and
WHEREAS, the City has determined that the parcels are more suited to mixed use commercial and residential purposes; and
WHEREAS, the nearby areas are primarily zoned Downtown Mixed-Use; and WHEREAS, the City is keenly interested in supporting revitalization of the area, and a rezone will encourage that revitalization; and
WHEREAS, the City has initiated this General Plan amendment and rezone to allow these properties to have the same rights and privileges as those afforded to other similarly zoned nearby properties in the downtown; and
WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the changes described herein, and also considered the City’s staff report regarding the change.

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

Section 1. Pursuant to section 17.08.040 of the Code of the City of Oroville, approximately 0.51 acres of land constituting 2 parcels on Robinson Street (APN’s 012- 085-005 and 012-085-006) are hereby rezoned to Downtown Mixed Use (MXD) with a General Plan Land Use Designation of Mixed-Use.

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

Section 3. The City Clerk shall attest to the adoption of this ordinance. 199
Item 19.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on September 03, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
DAVID PITTMAN, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ___________________________ SCOTT E. HUBER, City Attorney KAYLA REASTER, Assistant City Clerk 200
Item 19.
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1 City of Oroville

COMMUNITY DEVELOPMENT DEPARTMENT
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2401 FAX (530) 538-2426
www.cityoforoville.org
PLANNING COMMISSION STAFF REPORT Thursday, July 25, 2024 RE: General Plan Amendment GPA24-01 and Zoning Code Amendment ZC24-01. The Planning Commission shall conduct a public hearing and may recommend to the City Council approval of Zoning Code Amendment ZC24-03 to rezone APNs 012-085-006 and 012-085- 005 from Public or Quasi-Public Facilities (PQ) to Downtown Mixed Use (MXD). Includes General Plan Amendment GPA24-01 to change the land use designation from Public to Mixed Use.

SUMMARY: The Community Development Department has initiated a General Plan amendment and rezone request for two YMCA properties so that they may be sold and utilized as downtown mixed-use developments instead of being reserved for public facilities.

RECOMMENDATION: Staff recommends the following actions:

1. Conduct a Public Hearing on the proposed rezone and General Plan Amendment.

2. Recommend that the City Council:
a. Adopt the Notice of Exemption as the appropriate level of environmental review for the project.
b. Approve General Plan Amendment GPA24-01
c. Approve Zone Change ZC24-03

3. Adopt Resolution No. P2024-10
APPLICANTS: City initiated
LOCATION:
1650 & 1684 Robinson Street
Oroville, CA 95965
GENERAL PLAN: Public
ZONING: Public or Quasi-Public Facilities (PQ)
& Downtown Historic Overlay District (DH-O)
FLOOD ZONE: X
ENVIRONMENTAL DETERMINATION: Categorically Exempt from CEQA as existing facilities, per Section 15301 of the California Code of Regulations.

REPORT PREPARED BY:
___________________________
Kristina Heredia, Planner
Community Development Department
REVIEWED BY:
___________________________
Patrick Piatt, Director
Community Development Director
Patrick Piatt
Director
203
Item 19.
2 DISCUSSION:

The Community Development Department has initiated the General Plan Amendment (GPA) and rezone of two YMCA properties to facilitate development opportunities in the downtown area. Both properties are zoned for Public or Quasi-Public Facilities (PQ), in accordance with their General Plan (GP) Land Use Designation of “Public”. The GPA and rezone, if approved, will change the designations to Mixed-Use and Downtown MixedUse respectively, which is consistent with the zoning, land use designations and existing developments in the area.

The intent of the PQ zoning district and GP Designation is to “accommodate government, public, public utility and educational facilities.”1 When the YMCA was operating out of the Robinson Street facilities, the zoning was appropriate. However, PQ zoning severely restricts what land uses can be developed. Rather than have properties that could remain vacant for a potentially long period of time, rezoning to MXD enables new development opportunities within the Historic Downtown Overlay.

The intent of the MXD is “to strengthen Downtown Oroville as a pedestrian-oriented activity center with a diversity of commercial, employment, and residential uses,” 2 and the
Land Use Element of the General Plan states that the Mixed-Use designation “allows and encourages different but compatible uses.”3
Having available properties within the City that allow development that is varied yet compatible aligns with the GP Land Use Goal LU-2, to “develop an economically vital, pedestrian-oriented Historic Downtown that includes retail, office, residential, civic, cultural, and recreational uses.”
Since the YMCA is in operation at their new facility, GP Land Use Goal LU-6 (providing adequate land for development of public/quasi-public uses) is satisfied, as there is no reduction in public facilities available to residents. Furthermore, the YMCA has secured potential buyers for these two properties, and rezoning to MXD will facilitate their development.

FISCAL IMPACT:

None.

PUBLIC NOTICE:

The Planning Commission hearing for this project was publicly noticed in the local newspaper on July 13, 2024, and mailed to all property owners within 300 feet on July 3, 2024. As of publication, staff have not received any responses regarding the public notices.

1 OMC 17.40.020.A
2 OMC 17.34.010.A
3 Land Use Element of General Plan pg. 3-30
204
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3 Attachments:

1. Draft Ordinance with Zoning Change

2. Draft Resolution No. P2024-10

3. Letters of Support from YMCA and Potential Developers

4. CEQA Notice of Exemption
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CITY OF OROVILLE
RESOLUTION NO. 9312

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GPA 24-01 FOR 1650 & 1684 ROBINSON STREET (APNS 012-085-006 and 012-085-005).

WHEREAS, the properties identified as 1650 & 1684 Robinson Street have been vacant and available for sale by the YMCA for the past two years; and WHEREAS, these two properties have a General Plan Land Use Designation of Public and a zoning district of Public and Quasi-Public Facilities (PQ); and WHEREAS, the Public Facility zoning and land use designation limit development opportunities to government, public and educational facilities; and WHEREAS, the city has initiated this General Plan Amendment and rezone to facilitate the sale of these properties with the YMCA; and
WHEREAS, the city has a long-standing partnership with the YMCA and is committed to assisting the YMCA continue in Oroville; and
WHEREAS, the Planning Commission and City Council have both considered at noticed public hearings the comments and concerns of public agencies and property owners who are potentially affected by the changes described herein, and also considered City staff reports regarding the project.

NOW, THEREFORE, BE IT RESOLVED BY THE OROVILLE CITY COUNCIL ALL OF THE FOLLOWING:

Section 1. The City Council adopts General Plan Amendment GPA 24-01 and Zoning Code Amendment ZC 24-03;
Section 2. The Council directs the preparation one or more ordinances as necessary to amend the City of Oroville Zoning Map to affect the necessary zoning changes.

Section 3. That for any new development the property owner and any subsequent owners must obtain all required permits from the City and any agencies responsible for protecting natural resources, then implement the conditions of those permits.

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on this 20th day of August 2024, by the following vote:

AYES:

NOES:
206
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ABSENT:

ABSTAIN:
____________________________
David Pittman, Mayor
ATTEST: FORM APPROVED:
______________________________ ___________________________ Kayla Reaster Assistant City Clerk Scott E. Huber. City Attorney 207
Item 19.

Oroville City CouncilAugust 20, 2024

Oroville City Council
August 20, 2024