Agenda — Oroville City Council, September 3, 2024

September 03, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
September 03, 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:

1. Pursuant to Government Code Section 54957.6, the Council will meet with the Personnel Officer and City Attorney to discuss labor negotiations related to the following bargaining units: All Represented Units.
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2. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: Albanese v. City of Oroville, United States District Court, Eastern District of California, Case No.2:22-cv-01131.

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. RESOLUTION OF THE CITY OF OROVILLE RECOGNIZING CARL S. “BUD” BOLT FOR HIS

LIFETIME OF DEDICATION AND SERVICE TO THE CITY OF OROVILLE AND THE BOLT

TOOL MUSEUM
The City Council shall consider adopting a resolution recognizing Carl "Bud" Bolt for his lifetime of dedication and service to the Oroville community.

ACTION REQUESTED –
ADOPT RESOLUTION AND AUTHORIZE THE MAYOR TO SIGN.

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

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports

CONSENT CALENDAR
Consent calendar items 1 – 6 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. RE: General Plan Amendment GPA24-01 and Zoning Code Amendment ZC24-01 The City Council will 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). Includes General Plan Amendment GPA24-01 to change the land use designation from Public to Mixed Use.

ACTION(S) REQUESTED -

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

2. APPROVE GENERAL PLAN AMENDMENT GPA24-01

3. APPROVE ZONE CHANGE ZC24-03

4. ADOPT RESOLUTION NO. P2024-10
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2. NORTHSTAR – CONTRACT EXTENSION
The City Council shall consider approving a contract extension with NorthStar through April 29, 2025 for Engineering Services. This contract would extend all on-call services currently under contract, including the services provided through the two Addenda/Authorized Work Agreements (AWAs) for Construction Management and City Engineer/plan review services.

ACTION REQUESTED -
RETAIN THE SERVICES OF NORTHSTAR THROUGH APRIL 29, 2025 BY APPROVING A

CONTRACT EXTENSION

3. NORTHSTAR – TASK ORDER NO. 13, AWA #1
The City Council shall consider approving an Additional Work Authorization (AWA) with NorthStar for Construction Management, Inspection, Materials Testing services, and As-Built preparation for the Myers and Montgomery Street Resurfacing projects. This would be AWA No. 1 for Task Order No. 13.

ACTION REQUESTED -
AUTHORIZE THE CITY ADMINISTRATOR TO SIGN THE AWA FOR TASK ORDER NO. 13

FOR CONSTRUCTION MANAGEMENT, INSPECTION, MATERIALS TESTING, AND AS-BUILT PREPARATION SERVICES BY NORTHSTAR ENGINEERING.

4. LETTER OF SUPPORT FOR THE KONKOW VALLEY BAND OF MAIDU INDIANS The City Council shall consider authorizing the attached Letter of Support for the Konkow Valley Band of Maidu Indians in the Tribe's efforts to obtain federal recognition.

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

5. REQUEST TO WAIVE ADMISSION FEE FOR VARIOUS PROMOTIONAL EVENTS HELD AT

THE OROVILLE MUSEUMS
The City Council shall consider a request to waive the admission fees for various promotional events to be hosted by the Oroville Docent Association at the City museums including the C.F.

Lott Home, the Pioneer Museum, the Chinese Temple & Museum Complex and the Bolt’s Antique Tool Museum.

ACTION REQUESTED -
APPROVE FEE WAIVERS AT THE CITY MUSEUMS, FOR THE EVENTS LISTED. 3 September 03, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 7

6. APPROVAL OF AUGUST 20, 2024 CITY COUNCIL REGULAR MEETING MINUTES The City Council shall consider approving the Regular Meeting Minutes from August 20, 2024.

ACTION REQUESTED -
APPROVE THE AUGUST 20, 2024 CITY COUNCIL REGULAR MEETING MINUTES AND AUTHORIZE THE MAYOR TO SIGN.

REGULAR BUSINESS

7. MEMORANDUM OF UNDERSTANDING WITH BUTTE COUNTY BEHAVIORAL HEALTH

FOR SOBERING CENTER PARTICIPATION, ASSOCIATED BUDGET ADJUSTMENT AND CREATION OF FUND 121 FOR TRACKING OPIOID SETTLMENT DOLLARS The City Council shall consider entering into a three-year memorandum of understanding (MOU) with Butte County, for City participation in Behavioral Health Sobering Center, located in Chico and associated budget adjustment for the use of Opioid settlement funding. In addition, Council will consider the creation of Fund 121 to track all Opioid Settlement funds received.

ACTION(S) REQUESTED -

1. APPROVE MEMORANDUM OF UNDERSTANDING WITH BUTTE COUNTY FOR

PARTICIPATION IN BUTTE COUNTY SOBERING CENTER AND AUTHORIZE THE MAYOR TO SIGN;

2. APPROVE ASSOCIATED BUDGET ADJUSTMENT (REQUIRES 5/7 VOTE); AND

3. APPROVE THE CREATION OF FUND 121 – OPIOID SETTLEMENT FUND.

8. DISCUSSION OF THE SALES AND USE OF FIREWORKS WITHIN THE CITY The City Council shall discuss current and future sales and use of fireworks within the City and provide direction to staff.

ACTION REQUESTED -

DISCUSS THE CURRENT PRACTICE OF SALES AND USE OF FIREWORKS DURING THE

BEGINNING OF FIRE SEASON AND PROVIDE DIRECTION TO STAFF FOR THE FUTURE SALES AND USE OF FIREWORKS WITHIN CITY LIMITS.

9. ORO DAM CRUISERS DRIVE-IN MOVIE NIGHT AT THE OROVILLE AIRPORT The City Council shall consider authorizing an event with the Oro Dam Cruisers for a Drive-In Movie Night at the Oroville Airport on Saturday, October 12, 2024.

ACTION REQUESTED -

AUTHORIZE THE DRIVE-IN MOVIE NIGHT EVENT WITH THE ORO DAM CRUISERS TO BE HELD ON SATURDAY, OCTOBER 12, 2024.
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10. OROVILLE POLICE DEPARTMENT PUBLIC INFORMATION OFFICER POSITION The City Council shall consider the addition of a Public Information Officer (PIO) position within the Oroville Police Department. The addition of the PIO position would greatly assist the Oroville Police Department in communicating with the Oroville community.

ACTION REQUESTED –

APPROVE THE CREATION OF THE PUBLIC INFORMATION OFFICER JOB DESCRIPTION AND ASSOCIATED COMPENSATION.

11. AWARD OF CONTRACT; MONTGOMERY ST. RESURFACING PROJECT The City Council shall consider awarding a contract to Pavement Coatings Company of Sacramento for the Montgomery Street Resurfacing Project.

ACTION REQUESTED –
AWARD A CONTRACT TO PAVEMENT COATING COMPANY FOR $778,906.05 AND ALLOCATE $77,890.61 FOR CONTINGENCIES AND AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE THE CONTRACT.

12. AWARD OF CONTRACT; MYERS ST. RESURFACING PROJECT
The City Council shall consider awarding a contract to Pavement Coatings Company of Sacramento for the Myers Street Resurfacing Project.

ACTION REQUESTED –
AWARD A CONTRACT TO PAVEMENT COATING COMPANY FOR $337,162.50 AND ALLOCATING $33,637.50 FOR CONTINGENCIES AND AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE THE CONTRACT.

13. REAPPOINTMENT TO THE HOUSING LOAN ADVISORY COMMITTEE The City Council shall consider reappointing Chris Logue to the Housing Loan Advisory Committee (HLAC) with a term ending September 3, 2026.

ACTION REQUESTED -
REAPPOINT CHRIS LOGUE TO THE HLAC WITH A TERM ENDING SEPTEMBER 3, 2026. 5 September 03, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

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]

14. 5:15PM - FIRST READING OF ZONING CODE AMENDMENT (ZC) 23-03, AMENDING SECTION 17.12.060 (TREE PRESERVATION), SECTION 17.12.065 (OAK TREE LOSS MITIGATION) AND SECTION 17.48.070 (TREE REMOVAL PERMITS) OF THE OROVILLE

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

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

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

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

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. Postcard from Christell Burnett
ii. Housing Authority NOFA Notification
iii. Application for Alcohol Beverage Licenses
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ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on September 17, 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 RESOLUTION NO. 9313
Resolution of the City of Oroville
Recognizing Carl S. “Bud” Bolt for His Lifetime of Dedication and Service to the City of Oroville and the Bolt Tool Museum
WHEREAS, Carl S. “Bud” Bolt honorably served his country as a United States Marine from 1947 to 1950, exemplifying the values of dedication, service, and commitment that would continue to define his life; and
WHEREAS, in 1953, Bud Bolt was recognized as the 22nd highest producing dealer in the nation for Snap-On, demonstrating his expertise and passion in the field of tools, a passion that he also pursued through his work with Cornwell Quality Tools, Snap-On, and MAC Tools; and
WHEREAS, Bud Bolt moved to Oroville in 1972, where he quickly became an integral part of the community, serving as a 4H leader for 10 years and sharing his skills and knowledge by teaching beginning woodworking to 4H members, thereby fostering a love for craftsmanship and learning among the youth; and
WHEREAS, on January 3, 2006, Bud Bolt generously donated his extensive collection of approximately 6,000 tools to the City of Oroville, a gift that has become the foundation of the Bolt Tool Museum, a beloved local institution that has brought together people from across the country to share in their love of tools and history; and WHEREAS, the Smithsonian Institution has recognized the Bolt Tool Museum as likely housing the “world’s largest collection of tools,” a testament to Bud Bolt’s tireless dedication over 50 years to building and curating this remarkable collection and its accompanying interpretive materials; and
WHEREAS, through his efforts, Bud Bolt has not only preserved the history of tools but has also fostered a deep appreciation for them in everyone he came into contact with, leaving an indelible mark on the community of Oroville and beyond; and WHEREAS, the City of Oroville wishes to honor Bud Bolt’s lifetime of service and dedication, which has enriched the lives of countless individuals and solidified his legacy as a true champion of the City’s cultural and historical heritage.

NOW, THEREFORE, BE IT RESOLVED, that the City of Oroville, through its City Council, hereby recognizes and honors Carl S. “Bud” Bolt for his lifetime of dedication and service to the City of Oroville and the Bolt Tool Museum, acknowledging his outstanding achievements and expressing profound gratitude for his contributions to the community.
8 Item 1.

PASSED AND ADOPTED by the City Council of the City of Oroville on this 3 rd day of
September, 2024.

AYES:

NOES:

ABSENT:

ABSTAINED:
_______________________________ ____________________________ Scott Huber, City Attorney David Pittman, Mayor
__________________________________
Kayla Reaster, Assistant City Clerk
9 Item 1.

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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: SEPTEMBER 03, 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
City Council first heard this item during the August 20, 2024, regularly scheduled meeting. The City Council made the motion to approve both the Zoning Amendment and the General Plan Amendment during the September 03, 2024, City Council meeting.

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.

1 OMC 17.40.020.A
10 Item 1.

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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 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 second 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
11 Item 1.

CITY OF OROVILLE
ORDINANCE NO. 1882

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. 12 Item 1.

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 13 Item 1.
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CITY OF OROVILLE
RESOLUTION NO. 9314

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 3
rd day of September 2024, by the following vote:

AYES:

NOES:
14 Item 1.
2 of 2
ABSENT:

ABSTAIN:
____________________________
David Pittman, Mayor
ATTEST: FORM APPROVED:
______________________________ ___________________________ Kayla Reaster Assistant City Clerk Scott E. Huber. City Attorney 15 Item 1.
16 Item 1.
17 Item 1.
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
18 Item 1.
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
19 Item 1.
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
20 Item 1.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, CITY ENGINEER
RE: NORTHSTAR – CONTRACT EXTENSION
DATE: SEPTEMBER 3, 2024

SUMMARY
The Council will consider approving a contract extension with NorthStar through April 29, 2025 for Engineering Services. This contract would extend all on-call services currently under contract, including the services provided through the two Addenda/Authorized Work Agreements (AWAs) for Construction Management and City Engineer/plan review services.

DISCUSSION
The On-Call Civil Engineering and Planning Services Contract with NorthStar, which provides civil engineering design services to the City on an as-needed basis via Task Orders, is set to expire on October 29, 2024. In June of 2023, the City amended the contract, adding additional scope of work for Construction Management and QA/QC services to also be performed on an as-needed basis. In August of 2023, the City amended the contract a second time for City Engineer and City Surveyor services for a one (1) year term, which expired September 1, 2024.

Due to ongoing task orders, staff turnover, and work currently assigned to NorthStar, City staff would like to continue utilizing NorthStar for all the services they have provided for us to-date, including civil design, Construction Management, QA/QC, City Engineer, and City Surveyor services. Approval of AWA No. 3 would extend all of these services through April 29, 2025.

FISCAL IMPACT
This contract is for on-call services. Therefore, appropriations will be made on a case-bycase basis depending on the proposed future Task Order(s).

ACTION REQUESTED
21 Item 2.

Page 2 ends

Due to personnel turnover and ongoing civil design work NorthStar is currently working on, staff recommends retaining the services of NorthStar through April 29, 2025.

ATTACHMENTS
NorthStar Additional Work Authorization #3
22 Item 2.

Additional Work Authorization
NS#: __ 21-103 Page 1 of 5
ADDITIONAL WORK AUTORIZATION. #3

TO AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CONSULTANT AND CLIENT
DATE: August 15, 2024
CLIENT: Brian Ring
City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
[email protected]
CONSULTANT: NorthStar
111 Mission Ranch Blvd., Suite 100
Chico, CA 95926
(530) 893-1600
PROJECT: PSA: Services No. 3387
On-Call Civil Engineering & Planning
Services
and City Engineer/Surveying Services
NS#: 21-103
A. CLIENT AND CONSULTANT AGREE AS FOLLOWS:

1. This agreement will serve as an additional work authorization to our previous Agreement, dated October 29th 2021. Work under this Agreement will be subject to the terms and conditions of our previous Agreement, except as noted below.

2. Consultant agrees to perform the additional services as set forth on Exhibit “A” attached hereto and incorporated herein by this reference (“Additional Scope of Services”).

3. Client agrees (unless otherwise stated herein) to compensate Consultant for its Services according to the cost proposal attached hereto as Exhibit “B” and incorporated herein by this reference (“Cost Proposal for Additional Work”).

B. GENERAL PROVISIONS:

1. Timeline for Offer to Contract / Termination of Agreement. This offer to contract for additional services is good for 14 days after the date shown below in the Consultant’s signature block. If Client fails to sign this contract within 14 days, the offer for additional services shall be withdrawn making it null and void. Client may terminate this contract by giving notice to Consultant in writing and bringing all outstanding charges current prior to termination of Agreement.

2. Liability Limits. Client and Consultant have discussed the risks and rewards associated with this project, as well as Consultant’s fee for services. Client and Consultant agree to allocate certain of the risks so that, to the fullest extent permitted by law, Consultant’s total aggregate liability to Client and all contractors and subcontractors is limited to three times the contract amount for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorneys’ fees) arising out of this Agreement from any cause or causes.

Such causes include, but are not limited to, Consultant’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

Client further agrees to notify all contractors and sub-contractors of this limitation of Consultant’s liability to them and require them to abide by this limitation of damages suffered by any contractor or subcontractor arising from Consultant’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damages to others which may arise on account of Consultant’s actions or inactions.

Agreement No. 3520
23 Item 2.

Additional Work Authorization
NS#: 21-103 Page 2 of 6

3. Preparation of Agreement. By signing the Agreement, both parties consent that the Agreement has been prepared and negotiated equally by Client and Consultant.

IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT: CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Robin Kampmann, PE BY: Mekena Galka, PE
TITLE: Senior Engineer TITLE: Associate Engineer
LICENSE NO. RCE 73943 LICENSE NO. RCE 94638
SIGNED: SIGNED:

DATE: DATE:

ATTACHMENTS included and made a part of this agreement:

X EXHIBIT “A” ADDITIONAL SCOPE OF SERVICES
X EXHIBIT “B” COST PROPOSAL & STANDARD RATE SCHEDULE
24 Item 2.

Additional Work Authorization
NS#: 21-103 Page 3 of 6
EXHIBIT “A”

SCOPE OF SERVICES
As requested NorthStar will continue to provide on-call engineering and planning services (original contract date October 29th, 2021) and City Engineer/Surveyor services (Additional work authorization #2 dated September 1st, 2023). The updated contract expiration date for on call engineering and planning services and city engineering/surveying services shall be April 29th, 2024. At such time, either contract may be extended with terms agreed upon by both the City of Oroville and NorthStar. Either contract may be terminated by either party with a 30 day notice for any reason.

The scopes include:

Please reference PSA: Services No. 3387 On-Call Civil Engineering & Planning Services and AWA#2 City Engineering/Surveying Services for the full scope of services to be renewed. 25 Item 2.

Additional Work Authorization
NS#: 21-103 Page 4 of 6
EXHIBIT “B”

STANDARD HOURLY RATES
Effective July 1, 2024 through June 30, 2025*
Engineering Hourly Rate
Principal Engineer $250
Senior Managing Engineer $230
Senior Engineer $204
Associate Engineer $178
Assistant Engineer $156
Junior Engineer $134
Senior Technician $150
Associate Technician $126
Assistant Technician/Intern $105
Surveying
Principal Surveyor
Senior Managing Surveyor
Senior Surveyor
Associate Surveyor
Assistant Surveyor
Senior Survey Technician
Associate Technician
Assistant Technician
One Person with GPS/ Robotic (Party Chief)
Two-Person Survey Crew
Party-Chief (Prevailing Wage)
Two-Person Survey Crew (Prevailing Wage)
$250
$230
$204
$178
$156
$150
$126
$105
$195
$270
$220
$345
Planning Hourly Rate
Principal Planner $190
Administrative Hourly Rate
Project Management $175
Administrative $100
Other Rate
Litigation Support – Expert Witness Testimony $500 per hour Mileage Current Federal
Rate
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Subcontractors Cost + 15%
*Rates typically increase 4-5% per year
26 Item 2.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, CITY ENGINEER
RE: NORTHSTAR – TASK ORDER NO. 13, AWA #1
DATE: SEPTEMBER 3, 2024

SUMMARY
The Council will consider approving an Additional Work Authorization (AWA) with NorthStar for Construction Management, Inspection, Materials Testing services, and AsBuilt preparation for the Myers and Montgomery Street Resurfacing projects. This would be AWA No. 1 for Task Order No. 13.

DISCUSSION
The City received bids for both the Myers Street and Montgomery Street Resurfacing projects on August 15, 2024. The projects are expected to be awarded and begin within the next several weeks. Currently, NorthStar has a Task Order (No. 13) for designing and assisting the City through Construction. However, the original contract does not include Construction Management, Inspection, or Materials Testing. This AWA would authorize NorthStar to perform those services for the City for an amount not to exceed $53,503.00.

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

ACTION REQUESTED -
Authorize the City Administrator to sign the AWA for Task Order No. 13 for Construction Management, Inspection, Materials Testing, and as-built preparation services by NorthStar Engineering.

ATTACHMENTS
NorthStar Additional Work Authorization #3
27 Item 3.

Additional Work Authorization
NS#: __ 21-103 Page 1 of 5
TASK ORDER 13 AWA #1

TO AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN CONSULTANT AND CLIENT
DATE: August 14, 2024
CLIENT: Brian Ring
City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
[email protected]
CONSULTANT: NorthStar
111 Mission Ranch Blvd., Suite 100
Chico, CA 95926
(530) 893-1600
PROJECT: PSA: Services No. 3387
Task 13: Downtown Oroville
AWA#1 Construction Management
NS#: 21-103
A. CLIENT AND CONSULTANT AGREE AS FOLLOWS:

2. Consultant agrees to perform the additional services as set forth on Exhibit “A” attached hereto and incorporated herein by this reference (“Additional Scope of Services”).

B. GENERAL PROVISIONS:

Such causes include, but are not limited to, Consultant’s negligence, errors, omissions, strict liability, breach of contract, or breach of warranty.

Agreement No. 3519
28 Item 3.

Additional Work Authorization
NS#: 21-103 Page 2 of 6

3. Preparation of Agreement. By signing the Agreement, both parties consent that the Agreement has been prepared and negotiated equally by Client and Consultant.

IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT: CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Robin Kampmann, PE BY: Mekena Galka, PE
TITLE: Senior Engineer TITLE: Associate Engineer
LICENSE NO. RCE 73943 LICENSE NO. RCE 94638
SIGNED: SIGNED:

DATE: DATE:

ATTACHMENTS included and made a part of this agreement:

X EXHIBIT “A” ADDITIONAL SCOPE OF SERVICES
X EXHIBIT “B” COST PROPOSAL & STANDARD RATE SCHEDULE
29 Item 3.

Additional Work Authorization
NS#: 21-103 Page 3 of 6
EXHIBIT “A”

SCOPE OF SERVICES

DOWNTOWN OROVILLE CONSTRUCTION MANAGEMENT
The Downtown Oroville Resurfacing task currently consists of two separate projects, Montgomery and Myers Street Resurfacing. Both projects are being bid and constructed separately. Each project consists of applying a double layer fiberized microsurfacing treatment to each roadway, restriping within project extents, protecting all existing utilities in place and adding pedestrian safety striping. The City of Oroville requested NorthStar to provide construction management and material testing assistance for both projects.

Consultant agrees to perform the following services:

Task 13-a: Montgomery Street Resurfacing - Construction Management Task 13-a-1: Construction Management_________________________________________________________

1. Organizing and leading the pre-construction meeting for the project (assuming 1 meeting).

2. Coordination with client and contractors.

3. Review and respond to Request for Information (RFI) (maximum of 5).

4. Review, accept and or reject product submittals (maximum of 5 submittals).

5. Review the monthly progress payment request from the Contractors.

6. Process change orders (CO) for Client to review (maximum of 2).

7. (2) Two on-site meetings during construction (Assumes construction will be 30 working days).

8. Final walk through providing the Client and contractors with a punch list for the project.

Task 13-a-2: Construction Inspection/Report – M.T. Hall & Associates________________________________

1. M.T. Hall will provide site inspections and NorthStar will report as required by the Client.

2. This task includes documenting construction activities, active construction personnel and construction related issues.

3. Review of the daily field inspection reports.

Task 13-a-3: Prepare As-built plans. ___________________________________________________________

1. NorthStar will prepare as-built plans based on the information and plan changes during construction.

2. One (1) revision based on the City Comments.

Task 13-b: Myers Street Resurfacing - Construction Management Task 13-a-1: Construction Management________________________________________________________

1. Organizing and leading the pre-construction meeting for the project (assuming 1 meeting).

2. Coordination with client and contractors.

3. Review and respond to Request for Information (RFI) (maximum of 5).

4. Review, accept and or reject product submittals (maximum of 5 submittals).

5. Review the monthly progress payment request from the Contractors.

6. Process change orders (CO) for Client to review (maximum of 2).

7. (2) Two on-site meetings during construction (Assumes construction will be 30 working days).

8. Final walk through providing the Client and contractors with a punch list for the project.

Task 13-b-2: Construction Inspection/Report – M.T. Hall & Associates________________________________

4. M.T. Hall will provide site inspections and NorthStar will report as required by the Client.

5. This task includes documenting construction activities, active construction personnel and construction related issues.

6. Review of the daily field inspection reports.

Task 13-b-3: Prepare As-built plans. ___________________________________________________________

3. NorthStar will prepare as-built plans based on the information and plan changes during construction.

One (1) revision based on the City and Clients Comments. 30 Item 3.

Additional Work Authorization
NS#: 21-103 Page 4 of 6
EXHIBIT “B”

COST PROPOSAL
MONTGOMERY STREET RESURFACING CONSULTANT FEE:

The estimated fee to complete the Scope of Services is: $26,751.50 (T&M) Task 13-a: Montgomery Street Resurfacing – Construction Management Task 13-a-1: Construction Management $ 3,276.00
Task 13-a-2: Construction Inspection/Report $ 21,907.50 Task 13-a-3: Prepare As-built Plan $ 1,568.00
MYERS STREET RESURFACING CONSULTANT FEE:

The estimated fee to complete the Scope of Services is: $ 26,751.50 (T&M) Task 13-b: Myers Street Roundabout – Construction Management Task 13-b-1: Construction Management $ 3,276.00
Task 13-b-2: Construction Inspection/Report $ 21,907.50 Task 13-b-3: Prepare As-built Plan $ 1,568.00
RETAINER: A deposit in the amount of $ 0 is required.

OUTSIDE FEES: Estimated outside costs associated with your project not included in the estimated professional fee(s) above:

Estimated fees are based upon our experience with previous projects. Situations and requirements vary with each project and the actual cost may be more or less than this estimate. Client will be billed monthly for accrued costs.
31 Item 3.

Additional Work Authorization
NS#: 21-103 Page 5 of 6
EXHIBIT “B”

August 26, 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
September 3, 2024
Re: Letter of Support
Dear Mr. Matthew Williford,
We are writing to express the City of Oroville’s strong support for the Konkow Valley Band of Maidu Indians of Butte County, California. This distinguished group, with its deep historical roots and cultural significance, has been a crucial part of California's rich heritage.

It is well-documented that members of the Konkow Tribe were forcibly relocated to the Nome Cult Farm, which is presently known as the Round Valley Indian Tribes, Round Valley Indian Reservation. This relocation, part of the broader and painful history of displacement suffered by many Native American tribes, had profound impacts on the Konkow people. Despite these hardships, the Konkow Tribe has demonstrated resilience and a steadfast commitment to preserving their cultural identity and traditions.

The Konkow Valley Band of Maidu Indians continues to play a vital role in the cultural and social fabric of Butte County. Their contributions to the community, through cultural events, education, and preservation of traditional knowledge, are invaluable. Supporting the Konkow Tribe in their efforts to reclaim and maintain their heritage is not only a matter of justice but also an enrichment of our collective cultural landscape.

We urge all relevant authorities and stakeholders to recognize and support the Konkow Valley Band of Maidu Indians in their endeavors. This includes providing necessary resources for cultural preservation, education, and economic development. By doing so, we honor the history and contributions of the Konkow people and ensure that their legacy continues to thrive for future generations. The City of Oroville recognizes the Konkow Valley Band of Maidu Indian Tribe as an autonomous, separate and distinct tribe and sovereign entity. The City of Oroville fully supports the Konkow Valley Band of Maidu Indian Tribe’s efforts to obtain federal recognition and a trust relationship with the United States of America.

Thank you for your attention to this important matter.

Sincerely,
David Pittman
Mayor, City of Oroville
David Pittman
Office of the Mayor
33 Item 4.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: HANNAH THOMPSON, CULTURAL FACILTIES CURATOR
RE: REQUEST TO WAIVE ADMISSION FEE FOR VARIOUS

PROMOTIONAL EVENTS HELD AT THE OROVILLE MUSEUMS
DATE: SEPTEMBER 3, 2024

SUMMARY
The Council may consider a request to waive the admission fees for various promotional events to be hosted by the Oroville Docent Association at the City museums including the C.F. Lott Home, the Pioneer Museum, the Chinese Temple & Museum Complex and the Bolt’s Antique Tool Museum.

DISCUSSION
There are several upcoming community events scheduled to take place at the City’s museums that will benefit the community of Oroville, the general public and the museums.

These specific events are an impactful tool for museums to increase visibility and visitation. Offering festive, engaging, and family friendly events at City museums brings energy and excitement to Oroville’s treasured cultural institutions. Weaving the museums into the community’s annual calendar and presenting new programming broadens audiences and brands city museums as vital and thriving places to gather, to learn and to be inspired. The following upcoming events will be hosted by the Docents Association:
 September
 September
 October
 November
Show and Stroll (Lott House)
Salmon Festival (All)
Museum Trick or Treat (All)
Pioneer Christmas (Pioneer)
 December Mistletoe Party (Lott House)
 January
 February
 March
Chinese New Year (Chinese Temple)
Museum Weekend (All)
Antique Appraisal (Bolt)
At this time, staff is requesting the Council to consider waiving the general admission fee of $4.00 for adults (kids under 12 are free) for the above listed events. 34 Item 5.

Page 2 ends

FISCAL IMPACT
In determining the fiscal impact, we are only including adult admissions since kids under 12 are free. The number of adult attendants is based on approximate totals for each event:

Show and Stroll (never done before so unknown)
Salmon Festival 292 adults x $4.00 = $1,168
Museum Trick or Treat 1,000 adults x $4.00 = $4,000
Pioneer Christmas 150 adults x $4.00 = $600
Mistletoe Party 50 adults x $4.00 = $200
Chinese New Year 500 adults x $4.00 = $2,000
Museum Weekend 1,345 adults x $4.00 = $5,380
Antique Appraisal 65 adults x $4.00 = $260
Total adult admissions = 3,402 visitors x $4.00 = $ 13,608 The waiver of the admission fee of $4.00 for the listed events will result in an approximate loss in revenue of $13,608.

ACTION REQUESTED
Approve fee waivers at the City museums, for the events listed.

ATTACHMENTS
None.
35 Item 5.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: KAYLA REASTER, ASSISTANT CITY CLERK
RE: APPROVAL OF AUGUST 20, 2024 CITY COUNCIL REGULAR

MEETING MINUTES
DATE: SEPTEMBER 3, 2024

SUMMARY
The City Council shall consider approving the Regular Meeting Minutes from August 20, 2024.

DISCUSSION
None

FISCAL IMPACT
None

ACTION REQUESTED -
APPROVE THE AUGUST 20, 2024 CITY COUNCIL REGULAR MEETING MINUTES AND AUTHORIZE THE MAYOR TO SIGN.

ATTACHMENTS
Draft August 20, 2024 Regular Meeting Minutes
36 Item 6.

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 1 of 9

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

REGULAR MEETING

MINUTES
This agenda was posted on Saturday, August 17, 2024 at 1:30PM. A video recording of this meeting can be found on our website at www.cityoforoville.org; or on our YouTube channel.

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

CLOSED SESSION
There were no Closed Session items this meeting.

OPEN SESSION

1. Announcement from Closed Session – None.

2. Pledge of Allegiance – Led by Council Member Webber

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

PRESENTATIONS AND PROCLAMATIONS
None this meeting.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted public comment on this item: Bill Speer, Linda Draper, Terri Walk
37 Item 6.

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 2 of 9

REPORTS / DISCUSSIONS

1. Council Announcements and Reports
Council Member Webber – Provided an update on when the Oroville High School Cheer Team will receive their champion ring (On August 28, 2024, 7:30PM at Oroville High School). Council Member Webber motioned for staff write a letter of support for Prop 36.

Mayor Pittman seconded the motion.

Mayor Pittman – Reported that he attended the Helms Powerplant 40th Anniversary.

Council Member Thomson – Council Member Thomson motioned for staff to write a letter of support re: the stopping of rising insurance costs in our area. Council Member Webber seconded the motion.

2. Administration Reports
Brian Ring, City Administrator – Stated that Calwater is currently working to remove the fluoridation from the water that is provided to their customers. Mr. Ring will report back on this when there is an update.

Fred Mayo, Director of Public Works – Provided the Council with a Hwy 162 Project update and mentioned that Ghiradelli is doing a great job,
Ron Belser, Director of Code Enforcement – Provided the Council with a Code Enforcement Report update, including latest statistics.

CONSENT CALENDAR
Consent calendar items 1 - 9 (not including item 8) were adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

Consent calendar Items 1-7, and 9 were adopted in the following motions:

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

1. AUTHORIZATION TO TRANSFER THE CITY OF OROVILLE 2012 HAULMARK CARGO TRAILER #73 TO THE HOPE CENTER/CITY WORKS PROGRAM
The Council authorized the transfer of the City of Oroville enclosed cargo trailer #73 to the Hope Center/City Works Program by approving Resolution 9305. 38 Item 6.

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 3 of 9

2. SECOND AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES WITH

JENNIFER ARBUCKLE CONSULTING
The Council approved Resolution 9306, 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.

3. BUDGET ADJUSTMENT FOR SALARY AND WAGES FOR CODE ENFORCEMENT

DEPARTMENT
The Council approved Resolution 9294, allowing 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.

4. NELSON AVE GRIND & PAVE – BUDGET ADJUSTMENT
The Council approved 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.

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

BACKGROUND INVESTIGATIONS
The Council approved Resolution 9307, for an agreement with J&C Investigations for background investigations for the Oroville Police Department.

6. LETTER OF SUPPORT FOR LINCOLN STREET SENIOR APARTMENTS The Council approved a Letter of Support to the Richman Group for the proposed Lincoln Street Senior Apartments.

7. LETTER OF SUPPORT FOR FOGG AVENUE APARTMENTS
The Council approved a Letter of Support to the Housing Authority of the County of Butte (HACB) for the proposed Fogg Avenue Apartments.

8. REQUEST FOR THE CITY TO PURCHASE A TABLE AT THE OROVILLE ECONOMIC

ALLIANCE ANNUAL BBQ
The Council approved a purchase of table at the Oroville Economic Alliance Annual BBQ on Thursday, August 29 at Riffles Resort.

This item was removed from the Consent calendar and voted on immediately after the adoption of Consent Calendar.

Motioned by: Council Member Johnstone Seconded by: Council Member Webber AYES: Council Member(s) Johnstone, Riggs, Thomson, Webber, Mayor Pittman NOES: None
ABSENT: Council Member Goodson
ABSTAINED: Vice Mayor Smith
39 Item 6.

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 4 of 9

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

REGULAR BUSINESS

10. U.S. SUPREME COURT DECISION IN GRANTS PASS V. JOHNSON AND STATE OF CALIFORNIA EXECUTIVE ORDER N-1-24
This item was presented by David Ritchie, Assistant City Attorney; Bill LaGrone, Chief of Police; and Ron Belser, Director of Code Enforcement.

Staff provided 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 also provided a summary of the proactive efforts that have been implemented in the City to assist unhoused individuals in need. Council directed staff to bring this item to the Executive Committee for further discussion and direction.

11. CONSIDERATION TO MODIFY TOWER AND GROUND LEASE AGREEMENT WITH

VERIZON WIRELESS
This item was presented by Paul Walker (Verizon Rep., virtual); and Brian Ring, City Administrator.

The Council directed there be no change in the agreement between the City and Verizon Wireless regarding the current Tower and Ground Lease Agreement by the following vote:

Motioned by: Council Member Riggs Seconded by: Council Member Thomson AYES: Council Member(s) Johnstone, Riggs, Thomson, Webber, Mayor Pittman NOES: Vice Mayor Smith
ABSENT: Council Member Goodson
ABSTAINED: None
40 Item 6.

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 5 of 9

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

MONTGOMERY MICRO SURFACING PROJECTS
This item was presented by Fred Mayo, Director of Public Works.

The Council will approved 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.

This was approved by the following vote:

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

13. AGREEMENT TO PURCHASE PARCEL OF LAND AT 1859 EHMANN STREET, OROVILLE, CA 95966
This item was presented by Jess Darnell, Assistant Chief of Police.

The Council authorized 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 by the following vote:

Motioned by: Council Member Riggs Seconded by: Council Member Thomson AYES: Council Member(s) Johnstone, Riggs, Thomson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: None
ABSENT: Council Member Goodson
ABSTAINED: None
41 Item 6.

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 6 of 9

14. AUTHORIZATION TO PURCHASE EMERGENCY EQUIPMENT AND INSTALLATION OF

EMERGENCY EQUIPMENT IN NEW POLICE VEHICLES
This item was presented by Jess Darnell, Assistant Chief of Police.

The Council authorized 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 by the following vote:

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

15. CONTRACT FOR CONTINUED CHILD ABUSE INVESTIGATIVE SERVICES WITH THE

BUTTE COUNTY DISTRICT ATTORNEY
This item was presented by Jess Darnell, Assistant Chief of Police.

The Council approved Resolution 9302, approving a new contract with the Butte County District Attorney’s Office to continue investigative services for specific child abuse cases by the following vote:

Motioned by: Vice Mayor Smith Seconded by: Council Member Johnstone AYES: Council Member(s) Johnstone, Riggs, Thomson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: None
ABSENT: Council Member Goodson
ABSTAINED: None
42 Item 6.

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 7 of 9

16. AGREEMENT WITH BUTTE COUNTY FOR PARTIAL REIMBURSEMENT FOR ALLEY MAINTENANCE OF COUNTY SERVICE AREA 17 ZONE 2 ALLEYS
This item was presented by Ron Belser, Director of Code Enforcement.

The Council approved Resolution 9309, authorizing the execution of an agreement with the County of Butte for partial reimbursement for alley maintenance of service area 17 Zone 2 alleys by the following vote:

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

17. EMPLOYMENT CONTRACT AMENDMENT WITH FRED MAYO, PUBLIC WORKS

DIRECTOR
This item was presented by Brian Ring, City Administrator.

The Council adopted Resolution 9310, approving 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 by the following vote:

Motioned by: Council Member Thomson Seconded by: Council Member Johnstone AYES: Council Member(s) Johnstone, Riggs, Thomson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: None
ABSENT: Council Member Goodson
ABSTAINED: None
43 Item 6.

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 8 of 9

18. EMPLOYMENT CONTRACT AMENDMENT WITH PATRICK PIATT, COMMUNITY

DEVELOPMENT DIRECTOR
This item was presented by Brian Ring, City Administrator.

The Council adopted Resolution 9311, approving 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 by the following vote:

PUBLIC HEARINGS

19. 5:15 PM - RE: GENERAL PLAN AMENDMENT GPA24-01 AND ZONING CODE AMENDMENT ZC24-01
This item was presented by Kristina Heredia, Associate Planner.

The Planning Commission conducted a public hearing and recommended 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. The agenda item was approved by the following vote:

August 20, 2024~4:00 PM Oroville City Council Meeting Minutes Page 9 of 9

FUTURE AGENDA ITEMS/CORRESPONDENCE

1. Future Agenda Items –
Council Member Thomson: Requested that staff provide an update on both the Liberty Pole, as well as the pole out front of City Hall. He reiterated that he’d like to make the flag pole outside of city hall as large as possible.

Council Member Webber: Requested an update on Bedrock Park in regard to what is needed during construction, etc.

Council Member Riggs: Requested an update on the Gateway Project on behalf of Council Member Goodson.

2. Correspondence – None received

ADJOURN THE MEETING
The meeting was adjourned at 7:21PM.
____________________________________ _________________________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 45 Item 6.

Page 1 ends

CITY OF OROVILLE

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

BILL LAGRONE, CHIEF OF POLICE

JESS DARNELL, ASSISTANT CHIEF OF POLICE
RE: MEMORANDUM OF UNDERSTANDING WITH BUTTE COUNTY

BEHAVIORAL HEALTH FOR SOBERING CENTER PARTICIPATION

AND ASSOCIATED BUDGET ADJUSTMENT
DATE: SEPTEMBER 3, 2024

SUMMARY
The Council will consider entering into a three-year memorandum of understanding (MOU) with Butte County, for City participation in Behavioral Health Sobering Center, located in Chico and associated budget adjustment for the use of Opioid settlement funding.

DISCUSSION
At it’s February 20, 2024 regularly scheduled City Council Meeting, Scott Kennelly, Butte County Director of Behavioral Health, presented the concept of developing a Sobering Center within the County, where those who are causing local disturbances and are under the influence of drugs or alcohol, could be taken to sober up and obtain services to address substance abuse disorders (in lieu of taking these individuals to the jail). The center would be staffed twenty-four hours/day, seven days/week, including nurses, recovery specialists, clinicians and health technicians. The Center opened up on August 1, 2024.

The County, the City of Chico and the City of Oroville were awarded opioid settlement funds which must be used on specific activities/services associated substance abuse disorders and drug addiction. Currently the City is using these resources to help fund a Housing Navigator position staffed by the County to assist the vulnerable populations within the City that are impacted by substance abuse. The City recently received additional settlement funds totaling approximately $265,000 for this fiscal year, and now is anticipated to receive over $120,000 annually for the next three years. Staff feel providing some funding to the Sobering Center is an appropriate way to use these dollars, providing necessary resources to those in need who are suffering from substance abuse addictions.
46 Item 7.

Page 2 ends

FISCAL IMPACT
$50,000 from the recent opioid settlement funds for fiscal years 2024/25, 2025/26 and 2026/27.

RECOMMENDATION
Approve memorandum of understanding with Butte County for participation in Butte County Sobering Center and authorize the Mayor to sign; and
Approve associated budget adjustment (requires 5/7 vote).

ATTACHMENTS
Presentation from February 20, 2024;
Memorandum of Understanding; and
Anticipated settlement funds through Fiscal Year 2038/39. 47 Item 7.

Sobering Center Funding Agreement Agreement No. 3521

Page 1 of 6 ends

Opioid Settlement Fund Disbursement / Sobering Center Services Memorandum of Understanding
Between
City of Oroville
And
County of Butte
This Memorandum of understanding (MOU) is made and entered into by and between City of Oroville, hereinafter referred to as CITY, and the County of Butte, a political subdivision of the State of California through its Department of Behavioral Health, hereinafter referred to as COUNTY. CITY and COUNTY may be collectively referred to as “PARTIES”. This MOU is entered into on September 3, 2024 and shall expire on June 30, 2027.

The purpose of this Agreement is to facilitate a funding contribution from CITY’s Opioid Settlement Funds as administered by the State Department of Health Care Services (DHCS) to COUNTY for the purposes of opening and operating a Sobering Center (Center) within the County of Butte. COUNTY will utilize funding strictly towards the cost of COUNTY’s Sobering Center Contract with Horizon Services, Inc., (HSI)
Sobering care services reduce potential relative harm and aid in the recovery from the effects of acute intoxication. By treating clients in this setting, both the criminal justice system and the emergency medical system are relieved by diverting intoxicated adults from jail and emergency departments respectively.

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

1. COMPENSATION: CITY shall pay COUNTY an amount of the City’s Opioid Settlement funds not to exceed FIFTY THOUSAND DOLLARS AND ZERO CENTS ($50,000) per fiscal year (provided a minimum of $50,000 is received), for a total not to exceed amount of ONE HUNDRED FIFTY THOUSAND AND ZERO CENTS ($150,000) to assist in the funding of the Sobering Center. Annual payments shall be scheduled to arrive within thirty (30) days of CITY’s receipt of opioid settlement funds for the applicable fiscal year and upon the receipt of an invoice from COUNTY.

2. SCOPE OF WORK:

A. COUNTY shall contract with HSI to create, operate and provide a low-barrier and accessible Sobering Center facility located at 560 Cohasset Road, Suite 180 in Chico, CA.

B. Sobering Center shall provide short term care (<24 hours) to facilitate sobering of adults with acute intoxication who do not need hospital-based care.

C. Operate 24 hours per day, seven days a week with stay lengths ranging from four to just under 24 hours.
48 Item 7.

Sobering Center Funding Agreement Agreement No. 3521

Page 2 of 6 ends

D. Offer a safe and secure environment for patients to wait for the effects of alcohol and drug intoxication to wane in a monitored setting.

E. Sobering center shall operate with a minimum of two or more trained personnel staff at all times specializing in Substance Use Disorders, Medical Assessments, and/or Behavioral Health.

F. Sobering Center staff shall be trained to recognize the inherent possibility for persons admitted to have a history of medical issues and/or complications connected to intoxication, substance use, or behavioral health.

G. Sobering Center staff shall be trained in Crisis Intervention, CPI (Crisis Prevention Interventions), Cultural Competency, First Aid/CPR, and Naloxone delivery.

H. Sobering Center shall have policies and procedures to identify individuals with emergent physical health conditions and arrange transfer to more appropriate levels of care as needed.

I. Sobering Center services shall:

1. Accept client referrals from:
a. County Agencies
b. Law enforcement
c. Emergency Rooms
d. Self-Referrals
e. Community based organizations

2. Provide services to:
a. Persons with acute intoxication whose public alcohol or drug use puts themselves or others at risk.
b. Persons who are non-violent
c. Persons who are 18 years and above
d. Persons who while intoxicated who remain conscious, cooperative, able to walk and free from medical distress.
e. All persons eligible for treatment regardless of insurance or payor status

3. Assess client condition through;
a. Triage to assess the individual’s immediate medical and safety needs b. Substance use screening to determine the types of substances involved c. Medical assessment to identify any health issues or medical conditions d. Mental health assessment to determine mental health status e. Social assessment to identify any social determinants of health that may impact substance use and recovery.

4. Monitor and re-assess all individuals by:
a. Vitals assessment at admission and variable thereafter as directed by Medical Director and informed by client acuity
b. Engagement in 30-minute observations rounds starting at admission with frequency to potentially increase if directed by Medical Director and informed by client acuity c. Observation compliant with DHCS licensing requirements for level 3.2 Withdrawal Management programs for maximum safety.

5. Provide necessary treatment including;
a. Basic first aid
49 Item 7.

Sobering Center Funding Agreement Agreement No. 3521

Page 3 of 6 ends

b. Basic over-the-counter patient-self-administering medication as per Medical Director Policies
c. Hydration Supplements
d. De-escalation
e. Harm reduction interventions such as naloxone and hygiene

6. Follow emergency procedures;
a. Seek necessary emergency medical and mental health assistance by calling 911 under the following conditions and should only be conducted during contact with the emergency 911 dispatcher:
i. Those requiring CPR
ii. Those requiring Naloxone
iii.Those requiring any other life saving measures

7. Have a referral process that is simple, requires minimal paperwork, and has clear eligibility requirement.

8. Provide an individualized client care plan developed in collaboration with client which may include future care recommendations relative to physical, behavioral, and substance use health.

9. Provide temporary beds, rehydration, food service, wound and dressing changes, shower and laundry facilities.

10. Be in accordance with all Federal, State, and County codes, regulations and guidelines governing Sobering Center Operations.

11. Adhere to all County policies relative to service delivery to County Clients regardless of insurance or payor source.
j. COUNTY shall provide the CITY with:

1. Quarterly Reports within 45 days of the quarter ending month. Quarters shall run on a fiscal year of July 1 through June 30.

2. Reports shall contain overall data and data subsets by client’s city of residence.

3. Census Report

4. Outcomes Report to include;
a. Type of toxicity
b. Length of stay
c. Incidents requiring medical services
d. Incidents requiring intervention from Mobile Crisis Response Team e. Incidents requiring violence intervention
f. Incidents requiring transfer to hospital
g. Incidents requiring transfer to jail
h. Number of clients entering into substance use recovery treatment services i. Number of clients entering into mental health treatment services j. Number of clients entering into other support services; i.e., housing, medical services, et-al
k. Unusual Occurrence Report
l. County shall meet with CITY quarterly for performance review. 50 Item 7.

Sobering Center Funding Agreement Agreement No. 3521

Page 4 of 6 ends

3. 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.

4. CONFIDENTIALITY: Parties shall maintain the confidentiality of all records and information, including, but not limited to COUNTY records, client records and information to the extent required by 42USC 1320D et seq.; the Health Insurance Portability and Accountability Act of 1996 (HIPAA); the Heath Information Technology for Economic and Clinical Health (HITECH) Act of 2009, (Public Law 111-5, Title XIII); and 42CFR Part 2 to comply with the applicable requirements of the law(s), including any subsequent amendments thereto relating to protected health information and in accordance with W&I Sections 5328 through 5330, inclusive; Section 14100.2 of the W&I Code and Title 42 CFR Section 431.300 et seq. regarding the confidentiality of beneficiary information, and all other County, State, and Federal laws, ordinance, rules, regulations, manuals, guidelines, and directives relating to privacy/security, whichever to most restrictive.

5. INDEMNIFICATION: Both Parties agree to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, employees to the full extent required by law.

6. NON-DISCRIMINATION: During the performance of this MOU, the Parties shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, age or gender, pursuant to all applicable Federal, State, and Local statutes and regulations.

7. PUBLIC RECORDS ACT: Parties are aware that this MOU and any documents related only to this MOU may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of both parties to clearly identify information in those documents that it considers to be confidential under the California Public Records Act. To the extent that the parties agree with that designation, such information shall be held in confidence whenever possible. All other information shall be considered public.

8. RELATIONSHIP OF PARTIES: It is understood that this is a MOU by and between two (2) separate public agencies and is not intended to and shall not be construed to create a relationship of agent, servant, employee, partnership, joint venture or association.

9. ENTIRE AGREEMENT AND MODIFICATION: This MOU contains the entire agreement of the Parties relating to the subject matter of this MOU and supersedes all prior agreements and representations with respect to the subject matter hereof. This MOU may only be modified by a written amendment hereto, executed by both Parties. If there are attachments attached hereto, and a conflict exists between the terms of this MOU and any attachment, the terms of this MOU shall control.

10. DISPUTE: Parties agree to use good faith efforts to resolve any disputes prior to bringing any action to enforce the terms of this MOU.
51 Item 7.

Sobering Center Funding Agreement Agreement No. 3521

Page 5 of 6 ends

11. CONTROLLING LAW: The validity, interpretation and performance of this MOU shall be controlled by and construed under the laws of the State of California.

NOTICE: Any and all notices, reports, or other communications to be given to CITY or COUNTY shall be given to the persons representing the respective Parties at the following addresses:

CITY:

Brian Ring
City Administrator, City of Oroville
1735 Montgomery Street, Oroville, CA 95965
530.538.2433 / [email protected]
COUNTY:

Ina Ward – Supervisor Administrative Analyst, Contracts Butte County Behavioral Health
3217 Cohasset Road, Chico, CA 95973
530.552.4581 / [email protected]
IN WITNESS WHEREOF, the parties hereto have executed the Agreement as of the day and year first above written.

CITY OF OROVILLE:
__________________________________________________ ________________________________ David Pittman, Mayor Date
City of Oroville
__________________________________________________ ________________________________ Scott Huber, City Attorney Date
City of Oroville
COUNTY OF BUTTE:
__________________________________________________ ________________________________ Scott Kennelly, LCSW, Director Date
Butte County Behavioral Health
52 Item 7.

Sobering Center Funding Agreement Agreement No. 3521

Page 6 of 6 ends

Approved for Contract Review and Compliance:
__________________________________________________ ________________________________ Butte County General Services, Contracts Division Date
Approved as to Form:
__________________________________________________ ________________________________ Brad J. Stephens Date
Butte County Counsel
__________________________________________________ ________________________________ Sarah MacArthur Date
Assistant Deputy Director, Butte County General Services 53 Item 7.

Butte County Behavioral
Health Sobering Center
54 Item 7.

Opioid Settlement
 Nationwide Settlements from the three largest
pharmaceutical distributors and manufacturers
 Payments paid over 18 years
 The state requires 50% of the funds to be spent on
one or more High Impact Areas
 Remaining funds to be spent across abatement
categories developed by the state
55 Item 7.

High Impact Abatement Strategies
HIGH IMPACT ABATEMENT STRATEGIES (50% MANDATORY)
1 Substance Use Disorder (SUD) facilities within the Behavioral Health Continuum Infrastructure Program
2 New or expansion of existing SUD treatment infrastructure 3 Communities of color and vulnerable populations disproportionately impacted by SUD
4 Diversion of people with SUD from the justice system into treatment 5 Interventions for prevention of drug addiction in vulnerable youth 56 Item 7.

Core Abatement Strategies

CORE ABATEMENT STRATEGIES (SCHEDULE A-PRIORITY)
A Naloxone or other FDA-approved drugs to reverse opioid overdoses B Medication-Assisted Treatment (MAT)
C Pregnant and postpartum women
D Expanding treatment for Neonatal Abstinence Syndrome
E Expansion of warm hand-off programs and recovery services F Treatment of incarcerated populations
G Prevention programs
H Expanding syringe service programs
I Evidence-based data collection and research analyzing the effectiveness of the state abatement strategies
57 Item 7.

Sobering Center
 Open 24/7
 Staffed include nurses, recovery specialists,
clinicians, and health technicians.
 Helps to break the cycle of incarceration and/or
hospitalization.
 Reduced cost to law enforcement and emergency
services.
 Opportunity to engage addicts at critical moment and
to connect to treatment onsite.
58 Item 7.

Sobering Center
 Horizon Treatment Services was awarded the RFP
for a 12 bed Sobering Center in Chico.
 Annual cost is $2,000,000 a year to operate
countywide.
 Butte County Opioid Settlement funds available for
Sobering Center per year $ 1,535,000
 Estimated annual Medi-Cal revenue $150,000 to
start.
 Remaining unfunded amount $315,000
59 Item 7.

Sobering Center
 City of Oroville allocation is approximately $45,000- $50,000
 City of Chico allocation is approximately $115,000-
$120,000
60 Item 7.

Request
 City to use opioid settlement funds to assist with
Sobering Center
 Remaining funds to come from Sheriff jail MAT
Opioid funding.
 5 year contract with option to extend
61 Item 7.
2022 2023 2024 2025 2026
Distributor $88,641.99 $38,276.08 $69,915.33 $48,412.76 $48,853.08 Janssen $0.00 $27,007.44 $42,317.15 $46,822.54 $8,549.29 Teva $28,906.33 $14,229.51 $14,229.51
Allegan $31,782.57 $15,624.97 $15,624.97
CVS $32,946.51 $28,933.33 $28,933.33
Walgreens $35,969.75 $14,302.10 $14,302.10
Walmart $136,006.76 $5,484.14 $1,096.83
$88,641.99 $65,283.52 $377,844.40 $173,809.35 $131,589.11 62 Item 7.
2027 2028 2029 2030 2031 2032
$40,115.59 $59,738.98 $59,738.98 $59,738.98 $50,286.83 $50,286.83 $8,549.29 $8,549.29 $10,854.63 $10,854.63 $10,854.63
$14,229.51 $14,229.51 $14,229.51 $14,229.51 $14,229.51 $14,229.51 $15,624.97 $15,624.97 $15,624.97
$28,933.33 $29,010.80 $27,565.28 $26,119.76 $26,096.82 $26,096.82 $14,302.10 $14,302.10 $14,302.10 $21,667.65 $21,667.65 $21,667.65 $1,096.83 $1,096.83
$122,851.62 $142,552.48 $142,315.47 $132,610.53 $123,135.44 $112,280.81 63 Item 7.
2033 2034 2035 2036 2037 2038
$50,286.83 $50,286.83 $50,286.83 $50,286.83 $50,286.83 $50,286.83 $14,229.51 $14,229.51 $14,229.51
$21,667.65 $21,667.65 $21,667.65 $21,667.65 $21,667.65
$86,183.99 $86,183.99 $86,183.99 $71,954.48 $71,954.48 $50,286.83 64 Item 7.

Total
$915,726.41
$174,358.89
$185,430.94
$109,907.42
$254,635.98
$280,821.45
$144,781.39
65 Item 7.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADIMINISTRATOR

BILL LAGRONE, POLICE CHIEF/DIRECTOR OF EMERGENCY

SERVICES

CHRIS TENNS, FIRE CHIEF

PAT PIATT, COMMUNITY DEVELOPMENT DIRECTOR

DAVE RITCHIE, ASSISTANT CITY ATTORNEY
RE: DISCUSSION OF THE SALE AND USE OF FIREWORKS WITHIN THE CITY
DATE: SEPTEMBER 3, 2024

SUMMARY
Discuss current and future sale and use of fireworks within the City limits.

DISCUSSION
California Health and Safety Code 12599 allows for the sale of fireworks between 12:00 pm on June 28 through 12:00 pm on July 6 and prohibits the sale of fireworks at any other time within the State of California. Oroville Municipal Code 15.060.030 Section 319.2 regulates the sale and use of fireworks within the City of Oroville and limits the days and hours of sale from 12:00 pm June 28 through 12:00 am on the 4th day of July. Neither the State Health and Safety Code nor the Oroville Municipal Code provides regulation on when the fireworks may be utilized.

Wildfires have increasingly become a significant concern for all northern state communities and measures to prevent fires from occurring has increased in importance. One activity of noted concern over the past few years has been the sale and use of fireworks during high fire season as occurs each year on the 4th of July. Weather conditions (extreme heat, low humidity and high winds) and other fire activity throughout the State have been increasingly problematic, especially during July.

This last July the City and County encountered numerous fires, with the Thompson fire being the largest threat to the City. Due to the extreme weather conditions and fire activity throughout the State, the Director of Emergency Services issued an emergency declaration along with a temporary ban on the use of all fireworks within the City limits. These actions were ratified by the City Council during a Special Council Meeting held on July 9, 2024. During that meeting, the Council requested that staff agendize a discussion on the future sale and use of fireworks within the City limits. 66 Item 8.

Page 2 ends

FISCAL IMPACT
None

ACTION REQUESTED -
Provide direction to staff on any changes the Council may wish to implement with regard to the sale and use of fireworks within the City limits.

ATTACHMENTS

1. Oroville Municipal Code Section 15.060.30
67 Item 8.
1 Ordinance 1879 — OMC Chapter 15.98 Amendment to Building Code ORDINANCE NO. 1879

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING CHAPTER 15.60 TO TITLE 15 OF THE MUNICIPAL CODE, TO REINSTATE SECTION 15.60.030 OF THE FIRE CODE
The City Council of the City of Oroville does ordain as follows:

SECTION 1: Chapter 15.60.030 is added to amend Title 15 of the City of Oroville municipal code, to read:

Chapter 15.60.030 Amendments to the California Fire Code.

Sections:

15.60.010 Purpose

15.60.020 Adoption of California Fire Code

15.98.030 Amendments to the California Fire Code

15.98.040 Express Findings
Section 15.60.030 Purpose

15.60.030 Amendments to the California Fire Code
Section 105.3.3. No final inspection by the building official as to all or any portion of a development shall be deemed complete, and no certificate of occupancy or temporary certificate of occupancy shall be issued unless and until the installation of the prescribed fire protection facilities and access ways have been completed and approved by the Fire Chief, or the Chief’s designee.

B. Section 105.8 is added to read as follows:

Section 105.8. Fees and Special Requirements. The fees for the permits and other services shall be as established by resolution of the Oroville City Council. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be paid to the City of Oroville prior to engaging in the listed activities, operations or functions.

C. Section 302 is amended by adding the following definition:

Fireworks. Any composition or device for the purpose of producing a visible or audible effect for entertainment purposes by combustion, deflagration, detonation or any fireworks including “safe and sane” as defined by Section 12529 of the State of California Health and Safety Code. D. Section 315.1 is amended by adding the following exception to read as follows:

Section 315.1 General. Storage, use, and handling of miscellaneous combustible materials shall be in accordance with this section. A permit shall be obtained in accordance with Section 105.6.

Exception: Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, I Occupancy, unless the method of storage is approved by the Fire Code Official. E. Sections 319.1 through 319.7 are added to read as follows:

Section 319.1 General. The manufacture of all fireworks, as defined in Section 302, is prohibited. 68 Item 8.
69 Item 8.
70 Item 8.
71 Item 8.
72 Item 8.
73 Item 8.
74 Item 8.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: ORO DAM CRUISERS DRIVE-IN MOVIE NIGHT AT THE OROVILLE

AIRPORT
DATE: SEPTEMBER 3, 2024

SUMMARY
The City Council shall consider authorizing an event with the Oro Dam Cruisers for a Drive-In Movie Night at the Oroville Airport on Saturday, October 12, 2024.

DISCUSSION
The Oro Dam Cruisers (“Cruisers”) have made a request to hold a “Drive-In Movie Night” event at the Oroville Municipal Airport. The Cruisers held a similar event last year at the Chico Regional Airport, and felt it was a great success. This year, they are planning on another event in Chico and wish to also include an event at Oroville. The proposed event would take place at the Oroville Airport on the southern tarmac, located off Airport Parkway.

Setup would commence at approximately 2:00 pm, gates opening at 5:30pm, show starting at 7:00pm, followed by teardown and clean-up which would begin at the conclusion of the event around 9:00 pm. The grass area would accommodate 1-2 food trucks. Alcoholic beverages would not be allowed at this event. Restroom facilities would be situated near the food truck area. Volunteers from the Oro Dam Cruisers, Chico Vintage Chevrolet Club, and the Experimental Aircraft Association would be responsible for managing the perimeter of the event.

Oroville Airport Fixed Base Operator, JennCo. Aviation, is considering having a fly in on this day as well.

FISCAL IMPACT
None
75 Item 9.

Page 2 ends

ACTION REQUESTED -
Authorize the Drive-In Movie Night event with the Oro Dam Cruisers to be held on Saturday, October 12, 2024.

ATTACHMENTS
Oroville Drive-In Movie Flyer
76 Item 9.
77 Item 9.
78 Item 9.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: JESS DARNELL, ASSISTANT CHIEF OF POLICE
RE: OROVILLE POLICE DEPARTMENT PUBLIC INFORMATION

OFFICER POSITION
DATE: SEPTEMBER 03, 2024

SUMMARY
The Council will consider the addition of a Public Information Officer (PIO) position within the Oroville Police Department. The addition of the PIO position would greatly assist the Oroville Police Department in communicating with the Oroville community.

DISCUSSION
The Oroville Police Department would benefit from a Public Information Officer (PIO) to enhance communication between the department and the community. A PIO ensures transparency, quickly disseminating accurate information during emergencies, public safety concerns, or community events. This role fosters trust, combats misinformation, and strengthens the department's relationship with residents. Additionally, a PIO can manage media relations, provide timely updates, and handle public inquiries, ensuring the department's actions and policies are clearly understood. By having a dedicated PIO, the Oroville Police Department can better serve its community and maintain public confidence.

The Oroville Police Department currently does not have a PIO. The duties of the Public Information Officer are currently handled by an Administrative Assistant. The necessity to share information in a format that is easily digestible to our community is imperative.

These skills are specialized and cannot be accomplished adequately on a part time basis. The information provided by a PIO not only includes criminal / emergency updates, but also information related to recruiting and retention activities, OPD involvement in community activities, various other activities within the department that are not commonly known.

Additionally, the PIO position will support the City of Oroville, by assisting other departments. The position would disseminate information, craft press releases, 79 Item 10.

Page 2 ends

respond to media inquiries, and perform other outreach functions in order to promote transparency build public trust with other City of Oroville Departments.

The PIO position for OPD was approved within the current fiscal year budget. The annual salary range is proposed to be $53,144 - $71,393.92.

FISCAL IMPACT
None. This position is currently budgeted for OPD.

RECOMMENDATION
Approve the creation of the Public Information Officer job description and associated compensation.

ATTACHMENTS

1. PIO Job Description

2. Proposed PIO Salary Schedule
80 Item 10.

City of Oroville

PUBLIC INFORMATION OFFICER

DEFINITION
The purpose of the Public Information Officer is to ensure that the public receives accurate and timely information before, after, and during an emergency. The Public Information Officer is responsible for developing and implementing communication strategies for their respective department. The Public Information Officer is the main point of contact between the public and its respective department, disseminating information through various channels, including press releases, social media, and public events.

SUPERVISION RECEIVED AND EXERCISED
Receives administrative, general direction from the Chief of Police This classification has no direct supervisory responsibilities but may provide technical supervision to others.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include but are not limited to the following:
 Plan and execute public relations programs, advertising, and awareness campaigns to ensure comprehensive media coverage to promote department programs, services, and events and create a proactive public relations environment.
 Monitor news and public opinion about the organization and relevant issues, as well as community events and projects.
 Develop and maintain relationships with media outlets and journalists.  Coordinate media relations opportunities, and conduct/organize press briefings.  Research, write, edit, and issue press releases, news articles, feature stories and public service announcements for newspaper, radio, television, website and social media channels.
 Facilitate curation of content for the city website and social media channels; create and maintain a department-wide social media policy to guide staff in providing clear and consistent messaging.
 Respond to inquiries from the media, City officials, community groups, businesses, employees, and the general public.
 Coordinate and participate in photographing City events, activities, and programs; prepare scripts, conduct on-camera interviews, and/or coordinate City-sponsored video projects
 Assist the Chief of Police and department representatives in preparing various information materials, including fact sheets, brochures, news articles, annual 81 Item 10.
reports, and presentations for distribution to community members, businesses, employees, and the City Council.
 Proofread materials prepared by others.
 Performs general administrative and clerical work as required, including but not limited to preparing reports and correspondence, maintaining files, entering computer data, attending meetings, etc.
 Support emergency communication efforts and media management during emergencies.
 May perform required duties under the City’s Emergency Operations Plan  Maintain current knowledge of communications, marketing, media relations, disaster communications, and applicable laws, statutes, codes, and ordinances.  Manage communication during crises or emergencies, including drafting statements and coordinating with emergency responders.
 Develop and manage budgets for communication efforts.  Supervise, train, and evaluate assigned staff.
 Perform related work as assigned.
 At the direction of the Chief of Police or City Administrator, assist other departments within the municipal government of Oroville, with press releases, media inquiries, recruitment, and other vital public communications.

Knowledge of:
 Correct English usage and journalistic styles appropriate for print, social media, and broadcast use. Principles and practices of modern communication and marketing concepts, techniques, and procedures.
 Practices and techniques used in disseminating information to the public through various media, including newspapers, radio, television, websites and social media platforms.
 Principles and practices used by the media in reporting on local government activities.
 Government organization, administration, budgets, and personnel management.  Methods and techniques of automation, research, statistical analysis and report preparation.

Ability to:
 Effectively communicate, both orally and in writing.
 Plan, develop, and implement department public information programs.  Comprehend complex questions and give information rapidly, accurately, and tactfully.
 Interpret, understand, and apply established City policies, procedures, and codes.  Work on several projects or processes at the same time, under deadlines; make sound and proper decisions based on factual and deductive information.  Solve difficult and complex problems involving municipal systems and procedures, including computer systems.
82 Item 10.
 Establish and maintain cooperative and effective working relationships with individuals at all levels of the organization, as well as with the media and public.  Supervise, train, and evaluate assigned staff.

MINIMUM QUALIFICATIONS
Experience:

Two (2) years of experience in public communications, public relations, marketing, or program management.

AND
Education:

Bachelor’s degree from an accredited college or university with major coursework in public administration, journalism, marketing, communications, political science, criminal justice, or a related field.

OR
Substitution:

Any combination of education and experience is qualifying, if it would provide the required knowledge and abilities for the position.

Additional Requirements:

Possession of a valid California Class “C” driver’s license.

TYPICAL WORKING CONDITIONS
Office environment with moderate noise levels, controlled temperature conditions, and no direct exposure to hazardous physical substances. Field environments with moderate to loud noise levels.

TYPICAL PHYSICAL REQUIREMENTS
Requires the mobility to work in an office environment. Requires the ability to sit at a desk for long periods of time and intermittently walk, stand, stoop, kneel, crouch and reach while performing office duties; use hands to finger, handle or feel objects, tools or controls:
lift and/or move objects and materials of up to 25 pounds in weight. Must be able to maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading and writing, and operating the office equipment. Must be able to use a telephone to communicate verbally and a keyboard to communicate through written means, to review information and enter/retrieve data, to see and read characters on a computer screen.
83 Item 10.

This class specification lists the major duties and requirements of the job and is not allinclusive. Incumbents may be expected to perform job-related duties other than those contained in this document.
84 Item 10.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: ALYSSA STUTZ - CITY ENGINEER
RE: AWARD OF CONTRACT; MONTGOMERY STREET RESURFACING

PROJECT
DATE: SEPTEMBER 3, 2024

SUMMARY
The Council may consider awarding a contract to Pavement Coatings Company of Sacramento for the Montgomery Street Resurfacing Project.

DISCUSSION
This project is to provide a layer of fiberized surfacing treatment and improved striping along Montgomery Street from Feather River Blvd. to Washington Avenue (just short of the roundabout). This project has been deemed a high priority because of the desire to complete it before winter, while temperatures are more conducive for placement.

Plans and Specifications were advertised on July 15, 2024 and bids were received on August 15, 2024.

The low bidder was Pavement Coating Company at $778,906.50. The engineer’s estimate was $772,430 with contingencies. Staff recommends allocating a contingency of approximately 10% on the low bid for potential unforeseen changes, bringing the overall budget to $856,796.66.

FISCAL IMPACT
Appropriations are budgeted in the Local Transportation Fund, Senate Bill 1 Road Maintenance and Rehabilitation account, Rural Surface Transportation Grant Program, and Measure U funds.

RECOMMENDATION
Staff recommends awarding a contract to Pavement Coating Company for $778,906.05 and allocating $77,890.61 for contingencies. Staff recommends that the City Administrator be authorized to execute the contract.

ATTACHMENTS:

Bid Summary
Construction Contract
86 Item 11.

Page 2 ends

87 Item 11.
88 Item 11.
89 Item 11.
90 Item 11.

CF - 1
1 PROJECT CONTRACT
THIS PROJECT CONTRACT (the “contract” or “Contract”), is made and entered into this day of , by and between City of Oroville (referred to herein as the “Owner” or the “City”) and (the "Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

1. THE CONTRACT DOCUMENTS.

The complete contract is comprised of and may or may not include: Invitation for Bids; Information for Bidders; Bid Schedule; Proposal Form; Bidder’s Bond; Contract; General Conditions; Special Provisions; Technical Provisions; Payment Bond; Performance Bond; Notice of Award; Notice to Proceed; Change Orders; Supplemental Drawings Issued; Drawings; Specifications and Contract Documents; All addenda or bulletins issued during the time of bidding or forming a part of the documents loaned to the bidder for preparation of the bid; The complete plans and provisions, regulations, ordinances, codes, and laws incorporated therein or herein by reference or otherwise applicable to the Project.

All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents.

The documents comprising the complete contract are hereinafter referred to collectively as the Contract Documents.

2. THE WORK.

Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specifically mentioned as being furnished by others) necessary to perform and complete the work in a “good and workmanlike manner” as called for, and in the manner designated in, and in strict conformity with the Plans, Detail Specifications, and other Contract Documents which are identified by the signatures of the parties to this Contract and are, collectively, entitled:

MONTGOMERY STREET RESURFACING PROJECT

3. CONTRACT PRICE.

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation: $ . In no eventshall Contractor’s compensation exceed the amount of $ without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment For the purpose of fixing the amount of bonds referred to in the Instructions to Bidders, it is estimated by both Parties that the total contract price shall be based on the Contractor’s Base Bidamount.

4. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting the true value of any work done or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, the dispute shall be informally mediated between the parties.

Following such mediation, either party may file an action exclusively in the Butte County Superior Court or in the United States District Court, Eastern District of California. Under no condition shall there be a cessation of work by the Contractor during any such dispute. This article does not exclude recovery of 91 Item 11.

CF - 2
2 damages by either party for delays.

5. PAYMENT.

Not later than the 20th day of each calendar month, the Contractor shall make a partial payment request to the City on the basis of an estimate approved by the Engineer of the work performed since the last partial payment request during the preceding month by the Contractor with five percent (5%) of the amount of each such estimate retained by the City, until completion of the Project and the recordation of a Notice of Completion of all work covered by this Contract. The City shall make any partial payments provided for in this contract to the Contractor within 30 days of the City’s receipt of an undisputed and properly executed partial payment request from the Contractor. The City shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within 30 days of the City’s receipt of an undisputed and properly executed partial payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a partial payment request from the Contractor, the City shall review the partial payment request for the purpose of determining whether or not the partial payment request is a proper partial payment request. Any partial payment request determined by the City not to be a proper partial payment request suitable for payment shall be returned to the Contractor by the City within 14 days of the City’s receipt of such partial payment request. A partial payment request returned to the Contractor by the City under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the City to make a certain partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the City exceedsthe 14 day return period for such partial payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a “partial payment” means all payments due to the Contractor under this contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall be considered properly executed by the City, if funds are available to pay the partial payment request and payment is not delayed due to an audit inquiry by the City’s financial officer. The City will release Contractor's retention earnings within 45 days after recordation of Notice of Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the City shall constitute the City’s acceptance of the Project work.

6. TIME FOR COMPLETION.

All work under this contract shall be completed within a period of 30 days from the date of the Contractor's receipt of a Notice to Proceed from the City.

7. EXTENSION OF TIME.

If the Contractor is delayed by acts of negligence of the City, or its employees or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the City, or by any justifiable cause which the Engineer shall authorize, then the Contractor shall make out a written claim addressed to the City setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Engineer for approval. The Engineer will evaluate the claim and if the claim is justifiable, will request the City's approval. No such extension will be allowed unless written claim therefore has been made within 5 days after the delay became apparent.

If the Contractor fails or refuses to complete the work within the time specified, including authorized extensions, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages the sum of Three Thousand Six Hundred Dollars ($3,600.00) for each calendar day subsequent to the time specified for each project and the time the work is actually completed and accepted. Delays 92 Item 11.

CF - 3
3 caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time.

8. LABOR PROVISIONS.

The project is subject to both federal and state prevailing wages. The Contractor shall pay laborers the higher of either the federal or state prevailing wage rate determination for the trades to be utilized. The contractor and all subcontractors on the project shall complete electronic reporting of prevailing wage rate reports through the Department of Industrial Relations, with copies of such reports to be provided to the City.

9. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS.

As used in the following provision, the term “laborers” and “mechanics” include watchmen and guards. a. Overtime Requirements. Neither the Contractor nor any subcontractor contracting for any part of the Project whichmay require orinvolve the employment of laborers ormechanicsshallrequire or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, whichever is greater. b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of $3,000 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph a. above.
c. Withholding for Unpaid Wages and Liquidated Damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above. d. Working conditions. Neither the Contractor nor any subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d.

10. NONDISCRIMINATION.

The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment 93 Item 11.

CF - 4
4 practices when the contract covers a program set forth in Appendix B of the Regulations.

11. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS.

The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

The Contractor agrees to pay each subcontractor under this contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Contractor receives from City. The Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors.

12. CIVIL RIGHTS.

The Contractor assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance.

This Provision binds the Contractor from the bid solicitation period through the completion of the contract.

This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers.

13. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS ANDEQUIPMENT.

In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin.

14. INFORMATION AND REPORTS.

The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City and shall set forth what efforts it has made to obtain the information.

15. SANCTIONS FOR NONCOMPLIANCE.

In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it may determine to be appropriate, including but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or
b. Cancellation, termination, or suspension of the contract, in whole or in part. 94 Item 11.

CF - 5
5 16. INSPECTION OF RECORDS.

The Contractor shall maintain an acceptable cost accounting system. The City, the Federal Aviation Administration, the Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions.

The Contractor shall maintain all required records for 3 years after the City makes final payment and all other pending matters are closed.

17. RIGHTS IN INVENTIONS.

All rightsto inventions and materials, if any, generated under this contract are subject to regulations issued by the City. Information regarding these rights is available from the City.

18. BREACH OF CONTRACT TERMS.

Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the City under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

19. TERMINATION OF CONTRACT BY CITY
a. The City may, by written notice, terminate this Contract in whole or in part at any time, either for the City’s convenience or because of the Contractor’s failure to fulfill its contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the City.
b. If the termination isfor the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the Contractor’s obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in the second paragraph of this clause.
e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract.

20. INCORPORATION OF PROVISIONS.

The Contractor shall include the provisions of this contract in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations of directives issued pursuant thereto.

The Contractor shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interests of the City and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.
95 Item 11.

CF - 6
6 21. CONTRACTOR CLAIMS OF $375,000 OR LESS.

Claims by the Contractor relating to the Project for (a) a time extension, (b) money or damages arising from work done by, or on behalf of, the Contractor on the Project for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c) an amount that is disputed by the City, with a value of $375,000 or less, are subject to the claims procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract and the incorporated documents, conditions and specifications.

22. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES.
a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant. b. If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its subcontractors to any person for influencing or attempting to influence an officer or employee of the City, any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with itsinstructions.

23. ASSIGNMENT OF CERTAIN RIGHTS TO THE CITY.

In entering into this Contract or a subcontract to supply goods, services, or materials pursuant to this Contract, the Contractor and/or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.

24. ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163)
96 Item 11.

CF - 7
7 IN WITNESS WHEREOF, two identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on the day and year first herein written.

AGENCY: City of Oroville (First Party)
By:
(Authorized Representative)
(Official Title)
CONTRACTOR: (Second Party)
By:
(Authorized Representative)
(Official Title)
97 Item 11.

CF - 8
8 FORM OF PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That WHEREAS, the City of Oroville, California hereinafter called City, on , 20 , awarded
Name and Address of Contractor hereinafter
designated as the "Principal", the contract for:

MONTGOMERY STREET RESURFACING PROJECT
NOW THEREFORE, we the Principal, and
as Surety, are held and firmly
bound unto , hereinafter called the
, in the penal sum of
Dollars ($ )
lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assign, shall in all things stand to and abide by and keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his/her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void: otherwise, it shall be and remain in full force and virtue, and also in case suit is brought upon such bond, the above bounden principal and the said surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered.

And the surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed or materials and/or equipment to be furnished thereunder or the Specifications accompanying the same, shall in anywise affect its obligations on this bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications.

IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of, 20.

By By
Surety Contractor
98 Item 11.

CF - 9
9 FORM OF LABOR AND MATERIAL BOND
KNOW ALL PERSONS BY THESE PRESENTS: That we as Surety, and , as Principal, are held and firmly bound unto City of Oroville, in the sum of Dollars ($ ), said sum being (100% of the estimated amount of the foregoing and annexed contract,

MONTGOMERY STREET RESURFACING PROJECT
to be paid to said , for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH: That if the above bounden principal, as Contractor in the annexed contract or his/her subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay any person, company or corporation renting or hiring teams or implements or machinery for or contributing to said work to be done, or any person who supplies both work and materials therefore, or the amount due under the Employment Insurance Act with respect to such work or labor, the surety will pay for the same, in an amount not exceeding the above obligation, and also, in case suit is brought upon such bond, the above bounden principal and the said surety will pay a reasonable attorney's fee which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This obligation and bond shall insure to the benefit of any and all persons entitled to file claims under Section 1184C of the Code of Civil Procedure and said persons or any of them or their assigns shall have a right to action thereunder.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , A.D., 20___ .

Principal
Surety
(Seal) By
(Attorney in Fact)

STATE OF CALIFORNIA )
) ss.

COUNTY OF BUTTE )
On this day of , 20, before me
a Notary Public in and for the County of ,
known
to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and acknowledged to me that he has subscribed the name of thereto as surety, and his/her own name as Attorney in Fact.

In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

Notary Public in and for said County and State
99 Item 11.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: ALYSSA STUTZ, CITY ENGINEER
RE: AWARD OF CONTRACT; MYERS STREET RESURFACING PROJECT DATE: SEPTEMBER 3, 2024

SUMMARY
The Council may consider awarding a contract to Pavement Coatings Company of Sacramento for the Myers Street Resurfacing Project.

DISCUSSION
This project is to provide a layer fiberized surfacing treatment and striping improvement along Myers Street from Mitchell Avenue to Montgomery Street. This project has been deemed a high priority because of the desire to complete it before winter, while temperatures are more conducive for placement.

Plans and Specifications were advertised on July 15, 2024, and bids were received on August 15, 2024.

The low bidder was Pavement Coating Company at $337,162.50. The engineer’s estimate was $344,286.00 with contingencies. Staff recommends allocating a contingency of approximately 10% on the low bid for potential unforeseen changes, bringing the overall budget to $370,800.00.

FISCAL IMPACT
Appropriations are budgeted in the Local Transportation Fund, Senate Bill 1 Road Maintenance and Rehabilitation account, Rural Surface Transportation Grant Program, and Measure U funds.

RECOMMENDATION
Staff recommends awarding a contract to Pavement Coating Company for $337,162.50 and allocating $33,637.50 for contingencies. Staff recommends that the City Administrator be authorized to execute the contract.

ATTACHMENTS:

Bid Summary
Construction Contract
100
Item 12.
101
Item 12.
102
Item 12.
103
Item 12.

CF - 1
1 PROJECT CONTRACT
THIS PROJECT CONTRACT (the “contract” or “Contract”), is made and entered into this day of ____________, 2024 by and between City of Oroville (referred to herein as the “Owner” or the “City”) and Pavement Coatings Company (the "Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:

1. THE CONTRACT DOCUMENTS.

The documents comprising the complete contract are hereinafter referred to collectively as the Contract Documents.

2. THE WORK.

MYERS STREET RESURFACING PROJECT

3. CONTRACT PRICE.

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation: $337,162.50. In no event shall Contractor’s compensation exceed the amount of $337,162.50 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

For the purpose of fixing the amount of bonds referred to in the Instructions to Bidders, it is estimated by both Parties that the total contract price shall be based on the Contractor’s Base Bidamount.

4. DISPUTES PERTAINING TO PAYMENT FOR WORK.

CF - 2
2 damages by either party for delays.

5. PAYMENT.

6. TIME FOR COMPLETION.

All work under this contract shall be completed within a period of 30 days from the date of the Contractor's receipt of a Notice to Proceed from the City.

7. EXTENSION OF TIME.

CF - 3
3 caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time.

8. LABOR PROVISIONS.

9. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS.

10. NONDISCRIMINATION.

CF - 4
4 practices when the contract covers a program set forth in Appendix B of the Regulations.

11. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS.

12. CIVIL RIGHTS.

This Provision binds the Contractor from the bid solicitation period through the completion of the contract.

This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers.

13. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS ANDEQUIPMENT.

14. INFORMATION AND REPORTS.

15. SANCTIONS FOR NONCOMPLIANCE.

CF - 5
5 16. INSPECTION OF RECORDS.

The Contractor shall maintain all required records for 3 years after the City makes final payment and all other pending matters are closed.

17. RIGHTS IN INVENTIONS.

All rightsto inventions and materials, if any, generated under this contract are subject to regulations issued by the City. Information regarding these rights is available from the City.

18. BREACH OF CONTRACT TERMS.

20. INCORPORATION OF PROVISIONS.

CF - 6
6 21. CONTRACTOR CLAIMS OF $375,000 OR LESS.

23. ASSIGNMENT OF CERTAIN RIGHTS TO THE CITY.

AGENCY: City of Oroville (First Party)
By:
(Authorized Representative)
(Official Title)
CONTRACTOR: (Second Party)
By:
(Authorized Representative)
(Official Title)
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Item 12.

MYERS STREET RESURFACING PROJECT
NOW THEREFORE, we the Principal, and
as Surety, are held and firmly
bound unto , hereinafter called the
, in the penal sum of
Dollars ($ )
lawful money of the United States, for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally firmly by these presents.

By By
Surety Contractor
111
Item 12.

MYERS STREET RESURFACING PROJECT
to be paid to said , for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this day of , A.D., 20___ .

Principal
Surety
(Seal) By
(Attorney in Fact)

STATE OF CALIFORNIA )
) ss.

In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

Notary Public in and for said County and State
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113
Item 13.
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CITY OF OROVILLE

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

CONNOR MUSLER, CONTRACT PLANNER
RE: FIRST READING OF ZONING CODE AMENDMENT (ZC) 23-03,
AMENDING SECTION 17.12.060 (TREE PRESERVATION),
SECTION 17.12.065 (OAK TREE LOSS MITIGATION) AND
SECTION 17.48.070 (TREE REMOVAL PERMITS) OF THE

OROVILLE MUNICIPAL CODE (OMC)
DATE: SEPTEMBER 3, 2024

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

BACKGROUND
At their January 2, 2024, meeting, the City Council conducted a public hearing and introduced by title ZC 23-03. After soliciting public comment and discussion with Staff, the Council requested minor modifications to the proposed ordinance, primarily concerning permit exceptions for non-native trees and specific tree species. To address these requests, Staff analyzed the modifications proposed under ZC 23-03 and proposed the following modifications:
 Moving permit and mitigation exceptions from Section 17.12.065 (Oak Tree Loss Mitigation) to Section 17.48.070 (Tree Removal Permits).  Expanding the applicability of 17.48.070 (Tree Removal Permits) to include what is NOT considered a protected tree and provide a list of specific tree species that are considered invasive, highly flammable, or do not inherently contain value as habitat.

By moving exceptions to permits and mitigation to Section 17.48.070 (Tree Removal Permits), the applicability was expanded from solely oak trees to all trees, including non115 Item 14.

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native species. Additionally, by clarifying what was not considered a protected tree, property owners would be able to remove certain non-native, invasive, tree species that are not inherently of value, nor encouraged to be planted by the goals, policies, and actions of the 2030 General Plan.

Staff returned to the City Council on March 19, 2024, after making the requested revisions to the proposed ordinance. At that meeting, members of the City Council expressed further concern that the proposed ordinance did not go far enough and desired to see greater exemptions for larger properties and larger trees. Staff felt that it would be best to return to the Planning Commission and conduct an additional workshop/discussion regarding any potential further revisions before returning to the City Council for their consideration.

On June 27, 2024, the Planning Commission conducted a workshop and made one minor modification to the Exceptions to Permits and Mitigation Requirements of Section

17.48.070 “Tree Removal Permits”.

Initially Proposed Wording Proposed Wording Following June 27, 2024, Planning Commission
Meeting

4. When removal is determined to be
necessary by fire department personnel
to comply with fuel modification
requirements or defensible space
requirements, as detailed in a defensible
space inspection/report.

4. When removal is determined to be
necessary by fire department personnel
to comply with fuel modification
requirements or to meet defensible space
requirements, as detailed in a defensible
space inspection/report described in CAL
FIRE Guidelines.

CAL FIRE has published and maintains resources with well-defined defensible space recommendations. The intent of this revised exception is to allow property owners to ensure their properties are fire ready while limiting the need for permits if work is done in accordance with these guidelines. The Planning Commission ultimately expressed a consensus that the proposed zoning code amendment was a vast improvement over the current regulations and reaffirmed their recommendation for the City Council to adopt the proposed ordinance.

DISCUSSION
The City currently has three primary municipal code sections pertaining to trees and their preservation and removal. Section 17.12.060 pertains to tree preservation requirements, Section 17.12.065 pertains to oak tree loss mitigation requirements, and Section

17.48.070 pertains to the City’s tree removal permit requirements. Section 17.12.065 “Oak Tree Loss Mitigation” was added to the Oroville Municipal Code in 2015 as part of the larger “Oroville Sustainability Code Updates”; a collection of updates to bring the 116
Item 14.

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City’s zoning code and planning documents in compliance with the 2030 General Plan that was adopted on June 2, 2009.

These three code sections are intended to work in coordination with each other, however, they currently lack clear and proper cross-referencing, and, in the case of Section 17.12.065 “Oak Tree Loss Mitigation,” contain burdensome regulations and a lack of detailed exceptions for routine maintenance or the protection of property and public safety. Based on direction received from the City Council, staff began preparing an update to the City’s oak tree mitigation regulations to simplify the overall regulations found within Section 17.12.065 of the OMC. Staff researched the cities of Chico, Rocklin, Roseville, Folsom, Fremont, and the County of Butte to further analyze how each jurisdiction approached tree removal permits and mitigation requirements and compare how the City’s current regulations compared. Staff found that the City’s current regulations were similar to the jurisdictions researched, however, the City’s regulations had a more burdensome replacement ratio of 2 inches of oak tree for every 1 inch removed and a lack of clearly outlined exceptions to the mitigation requirements.

Under the current regulations, a permit is required to remove a tree under the following circumstances:
 An oak tree with a single main trunk that is 6 inches or greater dbh.  An oak tree with multiple trunks that are an aggregate of 10 inches or greater dbh.  Any tree on public property.
 Any tree on private property that is 24 inches or greater dbh.

The removal of a tree that does not meet the aforementioned size requirements does not require a permit. Staff are proposing to expand the list of exceptions to the tree removal permit and mitigation for the removal of trees meeting the size criteria set forth in code. The following table compares the existing exceptions allowed by code and the exceptions proposed under this zoning code amendment.

Existing Exceptions –
Non-Oak Trees
Existing Exceptions
– Oak Trees
Proposed Exceptions
under this Ordinance
None. There are no
exceptions.

Mitigation is not
required for trees
removed due to poor
tree health or because
removal furthers urban
forestry or land
management
practices that support
the health of native
plans communities, as
determined by the
The removal of any of the
following tree species:

Ailanthus, Chinese Tallow,
Freemont Cottonwood or
Poplar, Privet, Box Elder,
Eucalyptus, Silver Wattle,
Black Acacia, English
Hawthorn, Red Gum,
Tasmanian Blue Gum,
Edible Fig, English Holly,
Cherry Plum, Black Locust,
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director of parks and
trees or designee
Peruvian Peppertree,
Brazilian Peppertree, Palm,
Western Catalpa, Chinese
Elm or Winged Elm; or fruit
and nut trees.

When a tree is damaged and
the city administrator,
director of public works,
director of community
development, public safety
personnel, code
enforcement officer, or their
designees has determined
that its immediate removal is
necessary to protect
persons from imminent
personal injury or to prevent
imminent and substantial
damage to property.

Removal of an interior live
oak, unless meeting the
criteria for classification as a
heritage tree
When removal is determined
to be necessary by fire
department personnel
actively engaged in fighting
a fire.

When removal is determined
to be necessary to comply
with fuel modification
requirements or to meet
defensible space
requirements, as described
in CAL FIRE Guidelines
When removal is determined
as necessary by the
property owner’s insurance
provider, as detailed in an
insurance report or other
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formal correspondence, to
maintain homeowners’
insurance coverage
Routine trimming, pruning,
or maintenance which does
not cause damage or death
of a tree
Removal of a tree that is
dead, dying, or in poor
health as determined by a
certified arborist
Removal of a tree on a
property developed with a
single-family dwelling unit,
provided that the following
criteria is met:

The developed lot is not
greater than 20,000 square
feet in area and is zoned
either RR-20, RR-10, RL, R1, or R-2.

The developed lot is located
outside of the Foothill
Overlay (F-O) district. If the
developed lot is located
within the Foothill Overlay
(F-O) district, the tree(s)
proposed to be removed
must be located outside of a
setback area abutting a
street
Mitigation Option – In-Lieu Fee
Mitigation is required when an oak tree meeting the size criteria of code (6 inches dbh single trunk, 10 inches dbh multiple trunks) is removed. Mitigation is NOT required if a non-oak tree species is removed.

One of the mitigation options allowed by the oak tree ordinance is the payment of an inlieu fee. The City does not currently have an in-lieu fee established within the City’s fee schedule. Based on correspondence from the City’s arborist/parks, streets, and trees 119
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supervisor, Staff proposes an in-lieu fee set at $220 per inch that needs to be mitigated.

This is broken down as $55-$60 for a 15-gallon tree, with an average of 2 crew hours ($75 an hour per crew member) spent to plant the tree, stake it, etc. plus $10 for miscellaneous expenses such as tree stakes.

The Planning Commission conducted a public hearing at a special meeting on November 16, 2023, and adopted Resolution No. 2023-20 by a vote of 4-0, with three commissioners absent, recommending that the City Council adopt the proposed ordinance.

The table in Attachment 3 summarizes the changes proposed under ZC 23-03.

ENVIRONMENTAL REVIEW
Zoning Code Amendment ZC23-03 is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of Environment). These exemptions cover actions taken to assure the maintenance, restoration, enhancement, or protection of natural resources or the environment where the regulatory process involves procedures for the protection of the environment. The proposed amendments to the OMC maintain regulations requiring permits for the removal of trees, including oak trees, meeting specific size criteria outlined in Title 17. Exceptions to permits and mitigation are limited to include routine tree maintenance, or when removal is determined as necessary to protect life, prevent damage to property, or for purposes of fuel management, while minimizing the removal of mature heritage trees. The proposed Zoning Code Amendment also is not subject to CEQA pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

FISCAL IMPACT
There is minimal fiscal impact associated with the recommended actions.

RECOMMENDATION

1. Approve Ordinance No. 1877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.060 “TREE
PRESERVATION”, SECTION 17.12.065 “OAK TREE LOSS MITIGATION”, AND SECTION 17.48.070 “TREE REMOVAL PERMITS”

2. Adopt Resolution No. 9213 amending the City’s master schedule of user and regulatory fees by adding an Oak Tree Mitigation In-Lieu Fee to the Planning Fees

ATTACHMENTS

1. Ordinance No. 1877
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2. Resolution No. 9213

3. Summary Table of Changes

4. Ordinance with Track Changes
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Attachment 1
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CITY OF OROVILLE
ORDINANCE NO. 1877

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.060 “TREE PRESERVATION”, SECTION 17.12.065 “OAK TREE LOSS MITIGATION”, AND SECTION 17.48.070 “TREE REMOVAL PERMITS” WHEREAS, the City of Oroville has prepared an Ordinance to amend Section

17.12.060 “Tree Preservation”, Section 17.12.065 “Oak Tree Loss Mitigation”, and Section 17.48.070 “Tree Removal Permits”; and
WHEREAS, the Oroville 2030 General Plan sets forth goals, objectives, and policies to protect, manage, and expand urban forestry and native vegetation while also considering public safety; and
WHEREAS, the City of Oroville currently requires tree removal permits to protect the City’s mature trees and a tree removal permit must be obtained prior to the removal of a protected tree, including native oak trees; and
WHEREAS, OMC Section 17.12.065 establishes regulations to protect native oak trees and outlines requirements for mitigation when removed; and WHEREAS, City Staff identified challenges in implementing the current oak tree mitigation code as written and received direction from the City Council to identify opportunities to address those challenges; and
WHEREAS, the proposed amendments to OMC Section 17.12.065 include expanding the exceptions to the permit and mitigation requirements and simplifying the mitigation replacement ratio; and
WHEREAS, amendments are also proposed to Sections 17.12.060 and

17.48.070; and
WHEREAS, the Oroville Development Review Committee reviewed the proposed amendments at their regular meeting on September 14th, 2023; and WHEREAS, the Oroville Planning Commission held a workshop at their September 28, 2023, meeting requesting modifications to the proposed ordinance and subsequently held a special meeting on November 16, 2023, and recommends that the City Council adopt the proposed changes to Section 17.12.060, Section 17.12.065, and Section 17.48.070; and
WHEREAS, the City Council conducted a public hearing and introduced by title only the proposed ordinance and requested additional minor modifications relating to permit exceptions; and
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Item 14.

WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Zoning Code, the 2030 General Plan, and compatible with the uses authorized in the applicable zoning districts for which the revisions are proposed; and
WHEREAS, adoption of this Ordinance is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of Environment). These exemptions cover actions taken to assure the maintenance, restoration, enhancement, or protection of natural resources or the environment where the regulatory process involves procedures for the protection of the environment. The proposed amendments to the OMC maintain regulations requiring permits for the removal of trees, including oak trees, meeting specific size criteria outlined in Title 17. Exceptions to permits and mitigation are limited to include routine tree maintenance, or when removal is determined as necessary to protect life, prevent damage to property, or for purposes of fuel management, while minimizing the removal of mature heritage trees. The proposed Zoning Code Amendment also is not subject to CEQA pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and
WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the code changes described herein and considered the City’s staff report regarding the project.

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

SECTION 1: Findings.

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

Section 2: Amendment to the Oroville Municipal Code Section 17.12.060 (Tree Preservation)
The Oroville Municipal Code Section 17.12.060 (Tree Preservation) is hereby repealed and amended to read as follows:

17.12.060 RESERVED
Section 3: Amendment to the Oroville Municipal Code Section 17.12.065 (Oak Tree Loss Mitigation)
The Oroville Municipal Code Section 17.12.065 (Oak Tree Loss Mitigation) is hereby amended to read as follows:
17-12.065 Oak Tree Loss Mitigation
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Item 14.

A. Purpose.

Oroville’s native oak trees provide wildlife habitat, control erosion, maintain water flow and quality, moderate temperatures, improve air quality, and contribute to the aesthetic character of the area. The purpose of this section is to preserve Oroville’s valuable native oak trees by protecting them during grading and construction, minimizing their removal, replacing them when removal is approved, and monitoring them to ensure that they are maintained.

B. Applicability. The requirements of this section apply to any native oak tree on public or private land with the following minimum diameter at breast height (dbh) (i.e., 4.5 feet from the ground):

1. Single main trunk: 6 inches.

2. Multiple trunks (in aggregate): 10 inches.

3. Heritage Tree: 24 inches
“Native oak tree” means an oak tree that is native to Butte County’s natural oak communities, including valley oak, black oak, blue oak, and canyon oak. Interior live oak, while native to Butte County, is not included in this definition and their removal is not subject to the requirements of this section unless meeting the criteria for classification as a heritage tree.

C. Permits Required.

1. Tree Removal. The city requires a tree removal permit in accordance with Section 17.48.070 to remove any oak tree that meets the applicability criteria above in subsection B (Applicability). The property owner must file a tree survey and an oak tree preservation plan with the community development department before the city will issue a permit. The plan shall describe all efforts to preserve trees to the extent feasible, replace trees that are removed, and maintain replacement trees. In addition, the plan shall address replacing any replacement trees that do not survive.

2. Grading. Grading projects shall retain oak trees wherever possible. To receive a grading permit, applicants must address oak tree preservation in their grading plan by identifying methods to:
a. Identify trees to be retained, through flagging or other obvious marking methods, prior to any grading.
b. Avoid compaction of the root zone and mechanical damage to trunks and limbs by installing temporary fencing along the outermost edge of the dripline of each retained tree or group of trees.
c. Avoid trenching within driplines of retained trees. Any required utility line poles within the dripline should be installed by boring or drilling through the soil.

3. Heritage Trees.
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a. Grading, filling, trenching, paving, irrigation, and landscaping plans shall avoid the removal of or damage to the health of a heritage tree. b. A heritage tree may only be removed when approved as appropriate by a certified arborist, and upon receiving a tree removal permit in accordance with subsection (C)(1).

D. Mitigation Options. An applicant who has received a tree removal permit shall mitigate the removal by completing one or a combination of the following options, as well as paying a monitoring fee per tree as set by the city council.

1. On-Site Replacement. Where physically feasible, a tree removed under a tree removal permit shall be replaced on the same property, in accordance with the standards in subsection F (Replacement Standards).

2. In-Lieu Fee. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may pay an in-lieu fee as set by the city council.

3. Off-Site Replacement. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may plant replacement trees off site if:
a. The off-site location is permanently protected under a conservation easement that includes a maintenance plan that meets the requirements in subsection F (Replacement Standards).
b. The off-site location is appropriate for oak tree plantings, as determined by the director of public works or designee.
c. The off-site location is sufficient to plant and maintain replacement trees in accordance with the standards in subsection F (Replacement Standards).

E. Exceptions to Permits and Mitigation Requirements. Exceptions to permit and mitigation requirements shall be as specified in Section 17.48.070.

F. Replacement Standards. Replacement trees must meet the following standards.

1. Replacement Ratio. Each inch in dbh of oak removed shall be replaced by 1 inch of native oaks (1:1 ratio), using trees planted at a minimum size of 15 gallons.

2. Timeframe. The schedule for planting of the replacement trees shall be subject to approval by the review authority as detailed in Section

17.48.070(C)(3).

3. Maintenance. The applicant is responsible for protecting the health of a replacement tree. Replacement trees shall be irrigated in accordance with Oroville Municipal Code Section 17.12.050 (Landscaping standards). A replacement tree that dies within 5 years shall be replaced on a one-to-one basis.
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Item 14.

4. Monitoring. The applicant shall monitor the replacement tree and report its health status to the community development department annually, or upon request, for 5 years following planting.

5. Damage. Purposeful damaging or neglect of a replacement tree will invalidate the tree removal permit.

G. Oak Tree Maintenance Fund. The city shall place in-lieu tree-removal fees in an oak tree maintenance fund to be expended only for the following:

1. Planting New Trees. Planting oak trees on public and private property within Oroville. These expenditures may include purchasing and planting trees, preparing the land for planting, and installing irrigation improvements. Private property owners may apply to have an oak tree planted on their property at public expense, provided the expense does not exceed the in-lieu fee amount.

2. Maintaining Existing Trees. Caring for and preserving existing oak trees on public property or easements.

H. Monitoring. The community development department shall prepare an annual report that addresses the following topics:

1. Tree Inventory. The report shall inventory all replacement trees, including their type and health status, as reported by an applicant.

2. Fund Accounting. The report shall account for the balance in the oak tree mitigation fund and summarize the use to which the fund was put during the preceding year.

I. Fines. The city may issue a fine for the destruction of an oak tree in violation of this section. Fines may be as high as the cost to replace and maintain up to 3 times the number of trees required by this section. The city shall deposit funds received from fines in the oak tree mitigation fund. (Ord. 1819 § 3, 2017).

Section 4: Amendment to the Oroville Municipal Code Section 17.48.070 (Tree Removal Permits)
The Oroville Municipal Code Section 17.48.070 (Tree Removal Permits) is hereby amended to read as follows:
17-48.070 Tree Removal Permits
A. Purpose. The purpose of requiring tree removal permits is to preserve the city’s mature trees by placing appropriate restrictions on their removal, while also allowing the removal of trees when necessary to protect the health, safety and welfare of the public.

B. Applicability. The removal of any protected tree requires approval of a tree removal permit. The requirements of this section shall apply to any protected tree.

1. A protected tree is defined as:
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Item 14.
a. Any tree on public property; or
b. Any tree on private property that has a trunk diameter of at least 24 inches at 54 inches above grade.
c. An oak tree meeting the criteria of Section 17.12.065.

2. A protected tree does not include the following species: Ailanthus, Chinese Tallow, Freemont Cottonwood or Poplar, Privet, Box Elder, Eucalyptus, Silver Wattle, Black Acacia, English Hawthorn, Red Gum, Tasmanian Blue Gum, Edible Fig, English Holly, Cherry Plum, Black Locust, Peruvian Peppertree, Brazilian Peppertree, Palm, Western Catalpa, Chinese Elm or Winged Elm; or fruit and nut trees.

C. Exceptions to Permits and Mitigation Requirements. A tree removal permit or mitigation shall not be required for the following circumstances:

1. When a tree is damaged and the city administrator, director of public works, director of community development, public safety personnel, code enforcement officer, or their designees has determined that its immediate removal is necessary to protect persons from imminent personal injury or to prevent imminent and substantial damage to property.

2. Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree.

3. When removal is determined to be necessary by fire department personnel actively engaged in fighting a fire.

4. When removal is determined to be necessary to comply with fuel modification requirements or to meet defensible space requirements, as described in CAL FIRE Guidelines.

5. When removal is determined as necessary by the property owner’s insurance provider, as detailed in an insurance report or other formal correspondence, to maintain homeowners’ insurance coverage.

6. Routine trimming, pruning, or maintenance which does not cause damage or death of a tree.

7. Removal of a tree that is dead, dying, or in poor health as determined by a certified arborist.

8. Removal of a tree on a property developed with a single-family dwelling unit, provided that the following criteria is met:
a. The developed lot is not greater than 20,000 square feet in area and is zoned either RR-20, RR-10, RL, R-1, or R-2.
b. The developed lot is located outside of the Foothill Overlay (F-O) district. 128
Item 14.
(1) If the developed lot is located within the Foothill Overlay (F-O) district, the tree(s) proposed to be removed must be located outside of a setback area abutting a street.

D. Application.

1. Application for a tree removal permit shall be made in a form prescribed by the zoning administrator and accompanied by a fee established by resolution of the city council. Only the owner of the site or their authorized agent may apply for a tree removal permit.

2. The application for a tree removal permit shall include a map depicting the location, size and type of all trees within or immediately adjacent to the subject property. The map shall also depict any permanent buildings or structures on the subject property.

3. The review authority for a tree removal permit shall be determined as follows:
a. For trees on public property, unless the removal is associated with a proposed development that requires planning commission approval, the director of public works or designee shall be responsible for issuing tree removal permits.
b. For trees on private property, unless the removal is associated with a proposed development that requires planning commission approval, the zoning administrator shall be responsible for issuing tree removal permits.
c. For any proposed development that requires planning commission approval, the planning commission shall review the trees being removed, and approval of the project shall also be approval to remove all specified trees.

E. Required Findings.

1. A tree removal permit shall not be issued unless the review authority finds, based on substantial evidence, that the owner has demonstrated that the removal is necessary in order to accomplish any one of the following objectives:
a. To ensure public safety as it relates to the health of the tree, potential hazard to life or property, and proximity to existing or proposed structures, and interference with utilities or sewers.
b. To allow reasonable enjoyment of the property, including sunlight access and the right to develop the property.
c. To pursue good, professional practices of forestry or landscape design. 129
Item 14.

2. Any action regarding the issuance of a tree removal permit may be appealed, as provided in Section 17.56.100. Subject trees shall not be removed prior to the completion of the required appeal period. (Ord. 1749 § 4; Ord. 1762 § 12)
F. Removal Without a Permit. No person shall remove, cause to be removed, or effectively remove any tree from any property which is subject without first obtaining a tree removal permit, unless otherwise provided by the exceptions of this section (Ord. 1749 § 4).

Section 5: Environmental Determination.

Zoning Code Amendment ZC23-03 is not subject to the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for Protection of Environment). These exemptions cover actions taken to assure the maintenance, restoration, enhancement, or protection of natural resources or the environment where the regulatory process involves procedures for the protection of the environment. The proposed amendments to the OMC maintain regulations requiring permits for the removal of trees, including oak trees, meeting specific size criteria outlined in Title 17. Exceptions to permits and mitigation are limited to include routine tree maintenance, or when removal is determined as necessary to protect life, prevent damage to property, or for purposes of fuel management, while minimizing the removal of mature heritage trees. The proposed Zoning Code Amendment also is not subject to CEQA pursuant to Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 6: Severability.

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

Section 7: Effective Date.

This ordinance shall take effect thirty (30) days after the date of its final adoption. The City Clerk shall certify to adoption thereof and cause its publication according to law.

PASSED AND APPROVED by the City Council of the City of Oroville at a regular meeting held on this 3
rd day of September 2024, by the following vote:

AYES:
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Item 14.

NOES:

ABSENT:

ABSTAIN:
____________________________
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ___________________________ Scott E. Huber. City Attorney Kayla Reaster, Assistant City Clerk 131
Item 14.
1 Attachment 2
132
Item 14.
2 RESOLUTION NO. 9213

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING THE CITY’S MASTER SCHEDULE OF USER AND REGULATORY FEES PERTAINING

TO THE ADDITION OF AN IN-LIEU FEE FOR OAK TREE MITIGATION WHEREAS, user and regulatory fees are established by the City Council; and WHEREAS, on February 21, 2023, the City Council conducted a public hearing and adopted Resolution No. 9127, adopting an updated schedule of user and regulatory fees; and
WHEREAS, OMC Section 17.12.065(D)(2) allows an applicant granted a tree removal permit to pay an in-lieu fee as set by the city council; and WHEREAS, the City’s master schedule of user and regulatory fees does not contain said in-lieu fee for oak tree mitigation; and
WHEREAS, in-lieu tree-removal fees shall be placed in an oak tree maintenance fund to be expended only for planting new oak trees and maintaining existing oak trees; and
WHEREAS, City Staff examined the cost of planting an oak tree and propose an in-lieu fee of $220 per inch of oak tree requiring mitigation; and WHEREAS, the in-lieu fee of $220 per inch of oak tree requiring mitigation is broken down as up to $60 for a 15-gallon tree; $75 per crew member, with an average of 2 crew hours spent planting the tree; and $10 for tree stakes and miscellaneous expenses; and
WHEREAS, the Planning Commission of the City of Oroville at a special meeting on November 16, 2023, adopted Resolution No. 2023-20 recommending that the City Council adopt an in-lieu fee of $220 per inch of oak tree requiring mitigation; and WHEREAS, at a duly noticed public hearing, the City Council considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the changes described herein and considered the City’s staff report regarding the project.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OROVILLE AS FOLLOWS:

SECTION 1. The City Council of the City of Oroville adopts and finds as true and correct the aforementioned recitals and incorporates them herein as findings. 133
Item 14.
3 SECTION 2. The City Council hereby adopts the amended master schedule of user and regulatory fees by adding an in-lieu fee of $220 per inch of oak tree requiring mitigation to the Planning Fees.

SECTION 3. California Government Code Section 66017, which outlines procedures for adopting fees, any new or increased development fees adopted by the City Council shall go into effect not sooner than 60 days after adoption. Consequently, the proposed amendment shall have an effective date of October 19, 2024. *********
PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting held on this 3
rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

Attachment 3
135
Item 14.

Current Code Requirements Proposed Amendment Purpose of Amendment

17.12.060 Tree Preservation
C. Applicability.

1. The requirements of this section shall apply to
any protected tree.

2. A protected tree is defined as:
a. Any tree on public property; or
b. Any tree on private property that has a
trunk diameter of at least 24 inches at
54 inches above grade.

3. Permit Required. The removal of any
protected tree requires approval of a tree
removal permit, as provided in Section

17.48.070.

4. Removal Without a Permit. If personal
injury or property damage is imminently
threatened, the fire chief, the chief of police
or the zoning administrator may authorize the
removal of a protected tree without obtaining
the required permit. The removal shall be
Combine this
section regulations
with Section

17.48.070 to
minimize cross
referencing.

Key:
• Strikethrough – current provision to be deleted and/or replaced • “Red Text” – New or Moved Standard
136
Item 14.
reported to the zoning administrator within 5
business days.

17.12.65 Oak Tree Loss Mitigation
A. Purpose. Oroville’s native oak trees provide
wildlife habitat, control erosion, maintain water
flow and quality, moderate temperatures,
improve air quality, and contribute to the
aesthetic character of the area. The purpose of
this section is to preserve Oroville’s valuable
native oak trees by protecting them during
grading and construction, minimizing their
removal, replacing them when removal is
approved, and monitoring them to ensure that
they are maintained.

C. Applicability. The requirements of this section
apply to any native oak tree on public or private
land with the following minimum diameter at
breast height (dbh) (i.e., 4.5 feet from the
ground):

1. Single main trunk: 6 inches.

2. Multiple trunks (in aggregate): 10 inches.

Heritage tree is
currently defined
within the Oroville
Municipal Code as
any tree with a 24-
inch diameter at
breast height (dbh)
or greater. Adding
heritage tree to this
code section
minimizes the need
to refer back to the
definitions and
allows for the
reader to know
what a heritage
tree is when this
code section later
talks about
heritage trees.

At their September
28, 2023, meeting,
the Planning
Commission
expressed a desire
to exempt non
137
Item 14.

County, is not included in this definition and their
removal is not subject to the requirements of this
section unless meeting the criteria for classification
as a heritage tree.

C. Permits Required.

1. Tree Removal. The city requires a tree
removal permit in accordance with Section

17.48.070 to remove any oak tree that
meets the applicability criteria above in
subsection B (Applicability). The property
owner must file a tree survey and an oak
tree preservation plan with the community
development department before the city will
issue a permit. The plan shall describe all
efforts to preserve trees to the extent
feasible, replace trees that are removed,
and maintain replacement trees. In addition,
the plan shall address replacing any
replacement trees that do not survive.

Removed interior live oak from the applicability of the definition “native oak tree” unless meeting the criteria of a heritage tree (24 inches dbh or greater).

Added proper code referencing to the City’s tree removal permit code section.
heritage interior
live oaks from the
requirements of
this section. The
intent was to
address the heavy
presence of
volunteer interior
live oaks that take
hold and tend to
grow rapidly with
the goal of
exempting them to
encourage fire-safe
landscape
practices.

Clarifies that the
permitting process
is in accordance
with Section

17.48.070.
138
Item 14.
b. Avoid compaction of the root zone
and mechanical damage to trunks
and limbs by installing temporary
fencing along the outermost edge
of the dripline of each retained tree
or group of trees.
c. Avoid trenching within driplines of
retained trees. Any required utility
line poles within the dripline should
be installed by boring or drilling
through the soil.

3. Heritage Trees.
a. Grading, filling, trenching, paving,
irrigation, and landscaping plans
shall avoid the removal of or damage
to the health of a heritage tree.
b. A heritage tree may only be removed
when approved as appropriate by a
certified arborist, and upon receiving
a tree removal permit in accordance
with subsection (C)(1).

C. Mitigation Options. An applicant who has
received a tree removal permit shall mitigate the
removal by completing one or a combination of
the following options, as well as paying a
monitoring fee per tree as set by the city council.
139
Item 14.

1. On-Site Replacement. Where physically
feasible, a tree removed under a tree
removal permit shall be replaced on the
same property, in accordance with the
standards in subsection F (Replacement
Standards).

1. In-Lieu Fee. When replacing a tree on site
is not feasible, an applicant granted a tree
removal permit may pay an in-lieu fee as set
by the city council.

2. Off-Site Replacement. When replacing a
tree on site is not feasible, an applicant
granted a tree removal permit may plant
replacement trees off site if:
a. The off-site location is
permanently protected under a
conservation easement that
includes a maintenance plan that
meets the requirements in
subsection F (Replacement
Standards).
b. The off-site location is appropriate
for oak tree plantings, as
determined by the director of parks
and trees public works or
designee.

Removed “parks and trees” and replaced with “public
works” director.

Updated to reflect
current
organization
structure.
140
Item 14.
c. The off-site location is sufficient to
plant and maintain replacement
trees in accordance with the
standards in subsection F
(Replacement Standards).

C. Exceptions to Permits and Mitigation
Requirements. Mitigation is not required for
trees removed due to poor tree health or
because removal furthers urban forestry or land
management practices that support the health of
native plant communities, as determined by the
director of parks and trees or designee.

Exceptions to permit and mitigation
requirements shall be as specified in Section

17.48.070
C. Replacement Standards. Replacement trees
must meet the following standards.

1. Replacement Ratio. Each inch in dbh of
oak removed shall be replaced by 2 1
inches of native oaks (1:1 ratio), using
trees planted at a minimum size of one
15 gallons. For example, a 6-inch dbh
tree may be replaced by four 3-inch trees
or 12 one-inch trees.

2. Timeframe. A replacement tree shall be
planted within 90 days of the removal of
the original tree. The schedule for
Added referencing to the newly proposed exemptions in
Section 17.48.070.

Reduced the mitigation replacement requirements from 2
inches for every inch removed to 1 inch for every inch
removed. For example, removing 50 inches of tree
required 100 inches to be replaced. Now removing 50
inches would require 50 inches to be replaced
Increased the minimum replacement size from one gallon
to 15 gallons.

Currently this code
section only allows
for removal due to
poor health or for
best management
practices. Staff
have prepared an
expanded list of
exemptions that
would be
applicable to all
tree types,
including oak trees,
and moved them to
Section 17.48.070
where it was more
appropriate.

Simplified the
replacement ratio.

A one-to-one
replacement ratio
is more
straightforward and
easier to meet.

Increasing the
minimum
replacement size
helps ensure
survivability and
141
Item 14.
planting of the replacement trees shall
be subject to approval by the review
authority as detailed in Section

17.48.070(C)(3).

3. Maintenance. The applicant is
responsible for protecting the health of a
replacement tree. Replacement trees
shall be irrigated in accordance with
Oroville Municipal Code
Section 17.12.050 (Landscaping
standards). A replacement tree that dies
within 5 years shall be replaced on a
one-to-one basis.

4. Monitoring. The applicant shall monitor
the replacement tree and report its
health status to the community
development department annually, or
upon request, for 5 years following
planting.

5. Damage. Purposeful damaging or
neglect of a replacement tree will
invalidate the tree removal permit.

C. Oak Tree Maintenance Fund. The city shall
place in-lieu tree-removal fees in an oak tree
maintenance fund to be expended only for the
following:

Refers to the review authority as outlined in Section

17.48.070 “Tree Removal Permits.” Depending on the
location of the tree removed, this is either the Director of Public Works, Zoning Administrator, or Planning
Commission.
the trees tend to be
larger dbh (around
1-2 inches).

Allow for greater
flexibility in
determining when
the best time may
be for replacement
trees to be planted.

Under the current
regulations, by
requiring a
replacement tree to
be planted within
90 days of the
removal of the
original tree, this
could result in the
replacement tree
being planted in
substandard
conditions in lessthan-optimal
planting times.
142
Item 14.

Private property owners may apply to
have an oak tree planted on their
property at public expense, provided the
expense does not exceed the in-lieu fee
amount.

2. Maintaining Existing Trees. Caring for
and preserving existing oak trees on
public property or easements.

C. Monitoring. The community development
department shall prepare an annual report that
addresses the following topics:

1. Tree Inventory. The report shall
inventory all replacement trees, including
their type and health status, as reported
by an applicant.

2. Fund Accounting. The report shall
account for the balance in the oak tree
mitigation fund and summarize the use
to which the fund was put during the
preceding year.
143
Item 14.

C. Fines. The city may issue a fine for the
destruction of an oak tree in violation of this
section. Fines may be as high as the cost to
replace and maintain up to 3 times the number
of trees required by this section. The city shall
deposit funds received from fines in the oak tree
mitigation fund. (Ord. 1819 § 3, 2017).

17.48.070 Tree Removal Permits
A. Purpose. The purpose of requiring tree removal
permits is to preserve the city’s mature trees by
placing appropriate restrictions on their removal,
while also allowing the removal of trees when
necessary to protect the health, safety and
welfare of the public.

B. Applicability. The removal of any protected tree
requires approval of a tree removal permit. The
requirements of this section shall apply to any
protected tree.

1. A protected tree is defined as:
a. Any tree on public property; or
b. Any tree on private property that
has a trunk diameter of at least 24
inches at 54 inches above grade.
c. An oak tree meeting the criteria of
Section 17.12.065.

Added applicability which was previously in a separate
section (Sections 17.12.060 and 17.12.065)
Created a new list of trees that do not require a permit to remove.

Combined multiple
sections together
that inferred that
removal of trees
required a tree
removal permit to
minimize cross
referencing and the
need to look at
multiple code
sections.

The City Council at
their January 2,
144
Item 14.

2. A protected tree does not include the
following species: Ailanthus, Chinese
Tallow, Freemont Cottonwood or Poplar,
Privet, Box Elder, Eucalyptus, Silver
Wattle, Black Acacia, English Hawthorn,
Red Gum, Tasmanian Blue Gum, Edible
Fig, English Holly, Cherry Plum, Black
Locust, Peruvian Peppertree, Brazilian
Peppertree, Palm, Western Catalpa,
Chinese Elm or Winged Elm; or fruit and
nut trees.

C. Exceptions to Permits and Mitigation
Requirements. A tree removal permit or
mitigation shall not be required for the following
circumstances:

1. When a tree is damaged and the city
administrator, director of public works,
director of community development,
public safety personnel, code
enforcement officer, or their designees
has determined that its immediate
removal is necessary to protect persons
from imminent personal injury or to
prevent imminent and substantial
damage to property.

2. Removal of an interior live oak, unless
meeting the criteria for classification as a
heritage tree.

Added a list of exemptions where a tree removal permit or mitigation would not be required.
2024, meeting
expressed desire
to see a list of tree
species that do not
require a permit to
remove. This list
encompasses
trees that are either
non-native,
invasive, pose a
high fire threat, or
are not of explicit
value as a habitat.

Currently there are
no exemptions of
any kind for the
removal of trees
that require a
permit. This
proposed list of
exemptions would
apply to all trees
subject to this code
section, which
include any tree on
public property,
any tree on private
property that is
145
Item 14.

3. When removal is determined to be
necessary by fire department personnel
actively engaged in fighting a fire.

4. When removal is determined to be
necessary to comply with fuel
modification requirements or to meet
defensible space requirements, as
described in CAL FIRE Guidelines.

5. When removal is determined as
necessary by the property owner’s
insurance provider, as detailed in an
insurance report or other formal
correspondence, to maintain
homeowners’ insurance coverage.

6. Routine trimming, pruning, or
maintenance which does not cause
damage or death of a tree.

7. Removal of a tree that is dead, dying, or
in poor health as determined by a
certified arborist.

8. Removal of a tree on a property
developed with a single-family dwelling
unit, provided that the following criteria is
met:
a. The developed lot is not greater
than 20,000 square feet in area
and is zoned either RR-20, RR-10,
RL, R-1, or R-2.
b. The developed lot is located
outside of the Foothill Overlay (F-
O) district.
(1).If the developed lot is
located within the Foothill
considered a
heritage tree (24
inches dbh or
greater), or an oak
tree that is 6 inches
(single trunk), 12
inches (multiple
trunk), or a heritage
oak tree (24
inches).

The proposed
exemptions include
provisions allowing
for the removal for
fire safety, in order
to maintain
homeowners’
insurance
coverage, and
properties that are
developed with a
single-family home
meeting certain lot
size criteria. Under
the current
regulations, these
property owners
are required to
obtain a tree
146
Item 14.

Overlay (F-O) district, the
tree(s) proposed to be
removed must be located
outside of a setback area
abutting a street.

D. Application.

1. Application for a tree removal permit
shall be made in a form prescribed by the
zoning administrator and accompanied
by a fee established by resolution of the
city council. Only the owner of the site or
their authorized agent may apply for a
tree removal permit.

2. The application for a tree removal permit
shall include a map depicting the
location, size and type of all trees within
or immediately adjacent to the subject
property. The map shall also depict any
permanent buildings or structures on the
subject property.

This is common
practice with most
applications
submitted to the
City.
147
Item 14.
shall be responsible for issuing
tree removal permits.
b. For trees on private property,
unless the removal is associated
with a proposed development that
requires planning commission
approval, the zoning administrator
shall be responsible for issuing
tree removal permits.
c. For any proposed development
that requires planning commission
approval, the planning commission
shall review the trees being
removed, and approval of the
project shall also be approval to
remove all specified trees.

E. Required Findings.

1. A tree removal permit shall not be issued
unless the review authority finds, based
on substantial evidence, that the owner
has demonstrated that the removal is
necessary in order to accomplish any
one of the following objectives:
a. To ensure public safety as it
relates to the health of the tree,
potential hazard to life or property,
and proximity to existing or
Removed “parks and trees” and replaced with “public
works” director.

Updated to reflect
current
organizational
structure
148
Item 14.
proposed structures, and
interference with utilities or
sewers.
b. To allow reasonable enjoyment of
the property, including sunlight
access and the right to develop the
property.
c. To pursue good, professional
practices of forestry or landscape
design.

2. Any action regarding the issuance of a
tree removal permit may be appealed, as
provided in Section 17.56.100. Subject
trees shall not be removed prior to the
completion of the required appeal period.
(Ord. 1749 § 4; Ord. 1762 § 12)
F. Removal Without a Permit. No person shall
remove, cause to be removed, or effectively
remove any tree from any property which is
subject to this section without first obtaining a
tree removal permit, unless otherwise provided
by the exceptions of this section.

Added provisions for removal without a permit that was
previously in Section 17.12.060.

Added from a
different code
section that is
proposed to be
removed. No
change in wording
from what is
currently adopted.
149
Item 14.

Attachment 4
150
Item 14.

TREE PRESERVATION 17.12.060
SECTION 17-12.060 TREE PRESERVATION
17-12.060 Tree Preservation
A. Applicability.

1. The requirements of this section shall apply to any protected tree.

2. A protected tree is defined as:
a. Any tree on public property; or
b. Any tree on private property that has a trunk diameter of at least 24 inches at 54 inches above grade.

3. Permit Required. The removal of any protected tree requires approval of a tree removal permit, as provided in Section 17.48.070.

4.1. Removal Without a Permit. If personal injury or property damage is imminently threatened, the fire chief, the chief of police or the zoning administrator may authorize the removal of a protected tree without obtaining the required permit. The removal shall be reported to the zoning administrator within 5 business days. (Ord. 1749 § 4) 151
Item 14.

OAK TREE LOSS MITIGATION 17.12.065
SECTION 17-12.065 OAK TREE LOSS MITIGATION
Oak Tree Loss Mitigation
A. Purpose.

B. Applicability. The requirements of this section apply to any native oak tree on public or private land with the following minimum diameter at breast height (dbh) (i.e., 4.5 feet from the ground):

1. Single main trunk: 6 inches.

2. Multiple trunks (in aggregate): 10 inches.

2.3. Heritage Tree: 24 inches
“Native oak tree” means an oak tree that is native to Butte County’s natural oak communities, including valley oak, black oak, blue oak, interior live oak, and canyon oak. Interior live oak, while native to Butte County, is not included in this definition and their removal is not subject to the requirements of this section unless meeting the criteria for classification as a heritage tree.

C. Permits Required.

1. Tree Removal. The city requires a tree removal permit in accordance with Section

17.48.070 to remove any oak tree that meets the applicability criteria above in subsection B (Applicability). The property owner must file a tree survey and an oak tree preservation plan with the community development department before the city will issue a permit. The plan shall describe all efforts to preserve trees to the extent feasible, replace trees that are removed, and maintain replacement trees. In addition, the plan shall address replacing any replacement trees that do not survive.

3. Heritage Trees.
a. Grading, filling, trenching, paving, irrigation, and landscaping plans shall avoid the removal of or damage to the health of a heritage tree. 152
Item 14.

OAK TREE LOSS MITIGATION 17.12.065
b. A heritage tree may only be removed when approved as appropriate by a certified arborist, and upon receiving a tree removal permit in accordance with subsection (C)(1).

2. In-Lieu Fee. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may pay an in-lieu fee as set by the city council.

3. Off-Site Replacement. When replacing a tree on site is not feasible, an applicant granted a tree removal permit may plant replacement trees off site if:
a. The off-site location is permanently protected under a conservation easement that includes a maintenance plan that meets the requirements in subsection F (Replacement Standards).
b. The off-site location is appropriate for oak tree plantings, as determined by the director of parks and trees public works or designee.
c. The off-site location is sufficient to plant and maintain replacement trees in accordance with the standards in subsection F (Replacement Standards).

E. Exceptions to Permits and Mitigation Requirements. Mitigation is not required for trees removed due to poor tree health or because removal furthers urban forestry or land management practices that support the health of native plant communities, as determined by the director of parks and trees or designee. A tree removal permit or mitigation shall not be required for the following circumstances: Exceptions to permit and mitigation requirements shall be as specified in Section 17.48.070
When an oak tree is damaged and the city administrator, director of public works, director of community development, public safety personnel, code enforcement officer, or their designees has determined that its immediate removal is necessary to protect persons from imminent personal injury or to prevent imminent and substantial damage to property.

Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree.

When removal is determined to be necessary by fire department personnel actively engaged in fighting a fire.

When removal is determined to be necessary by fire department personnel to comply with fuel modification requirements or defensible space requirements, as detailed in a defensible space inspection/report.

When removal is determined as necessary by the property owner’s insurance provider, as detailed in an insurance report or other formal correspondence, to maintain homeowners’ insurance coverage.
153
Item 14.

OAK TREE LOSS MITIGATION 17.12.065
Routine trimming, pruning, or maintenance which does not cause damage or death of a tree.

Removal of an oak tree that is dead, dying, or in poor health as determined by a certified arborist.

Removal of an oak tree on a property developed with a single-family dwelling unit, provided that the following criteria is met:

The developed lot is not greater than 1020,000 square feet in area and is zoned either RR-20, RR-10, RL, R-1, or R-2.

The developed lot is located outside of the Foothill Overlay (F-O) district.

If the developed lot is located within the Foothill Overlay (F-O) district, the oak tree(s) proposed to be removed must be located within the rear or side yard notoutside of a setback area abutting a street.

G.E. Replacement Standards. Replacement trees must meet the following standards.

1. Replacement Ratio. Each inch in dbh of oak removed shall be replaced by 2 1 inches of native oaks (1:1 ratio), using trees planted at a minimum size of one 15 gallons. For example, a 6-inch dbh tree may be replaced by four 13-inch trees or 212 threeone-inch trees.

2. Timeframe. A replacement tree shall be planted within 90 days of the removal of the original tree. The schedule for planting of the replacement trees shall be subject to approval by the review authority as detailed in Section 17.48.070(C)(3).

4. Monitoring. The applicant shall monitor the replacement tree and report its health status to the community development department annually, or upon request, for 5 years following planting.

5. Damage. Purposeful damaging or neglect of a replacement tree will invalidate the tree removal permit.

H.F. Oak Tree Maintenance Fund. The city shall place in-lieu tree-removal fees in an oak tree maintenance fund to be expended only for the following:

2. Maintaining Existing Trees. Caring for and preserving existing oak trees on public property or easements.
154
Item 14.

OAK TREE LOSS MITIGATION 17.12.065
I.G. Monitoring. The community development department shall prepare an annual report that addresses the following topics:

1. Tree Inventory. The report shall inventory all replacement trees, including their type and health status, as reported by an applicant.

2. Fund Accounting. The report shall account for the balance in the oak tree mitigation fund and summarize the use to which the fund was put during the preceding year.

J.H. Fines. The city may issue a fine for the destruction of an oak tree in violation of this section.

Fines may be as high as the cost to replace and maintain up to 3 times the number of trees required by this section. The city shall deposit funds received from fines in the oak tree mitigation fund. (Ord. 1819 § 3, 2017).
155
Item 14.

TREE REMOVAL PERMITS 17.48.070
SECTION 17-48.070 TREE REMOVAL PERMITS
17-48.070 Tree Removal Permits
A. Purpose. The purpose of requiring tree removal permits is to preserve the city’s mature trees by placing appropriate restrictions on their removal, while also allowing the removal of trees when necessary to protect the health, safety and welfare of the public.

B. Applicability. The removal of any protected tree requires approval of a tree removal permit.

The requirements of this section shall apply to any protected tree.

1. A protected tree is defined as:
a. Any tree on public property; or
b. Any tree on private property that has a trunk diameter of at least 24 inches at 54 inches above grade.
c. An oak tree meeting the criteria of Section 17.12.065.

C. Exceptions to Permits and Mitigation Requirements. A tree removal permit or mitigation shall not be required for the following circumstances:

2. Removal of an interior live oak, unless meeting the criteria for classification as a heritage tree.

3. When removal is determined to be necessary by fire department personnel actively engaged in fighting a fire.

4. When removal is determined to be necessary by fire department personnel to comply with fuel modification requirements or to meet defensible space requirements, as detailed in a defensible space inspection/report described in CAL FIRE Guidelines.

6. Routine trimming, pruning, or maintenance which does not cause damage or death of a tree.

7. Removal of a tree that is dead, dying, or in poor health as determined by a certified arborist.

8. Removal of a tree on a property developed with a single-family dwelling unit, provided that the following criteria is met:
156
Item 14.

OAK TREE LOSS MITIGATION 17.12.065
a. The developed lot is not greater than 20,000 square feet in area and is zoned either RR-20, RR-10, RL, R-1, or R-2.
b. The developed lot is located outside of the Foothill Overlay (F-O) district.

A.(1) If the developed lot is located within the Foothill Overlay (F-O) district, the tree(s) proposed to be removed must be located outside of a setback area abutting a street.

B.D. Application.

1. Application for a tree removal permit shall be made in a form prescribed by the zoning administrator and accompanied by a fee established by resolution of the city council.

Only the owner of the site or their authorized agent may apply for a tree removal permit.

3. The review authority for a tree removal permit shall be determined as follows:
a. For trees on public property, unless the removal is associated with a proposed development that requires planning commission approval, the director of parks and trees public works or designee shall be responsible for issuing tree removal permits.
b. For trees on private property, unless the removal is associated with a proposed development that requires planning commission approval, the zoning administrator shall be responsible for issuing tree removal permits. c. For any proposed development that requires planning commission approval, the planning commission shall review the trees being removed, and approval of the project shall also be approval to remove all specified trees.

C.E. Required Findings.

TREE REMOVAL PERMITS 17.48.070

2.F. Removal Without a Permit. No person shall remove, cause to be removed, or effectively remove any tree from any property which is subject to this section without first obtaining a tree removal permit, unless otherwise provided by the exceptions of this section. If personal injury or property damage is imminently threatened, the city administrator, director of public works, director of community development, public safety personnel, code enforcement officer, or their designees may authorize the removal of a protected tree without obtaining the required permit.

The removal shall be reported to the zoning administrator within 5 business days. (Ord. 1749 § 4).
158
Item 14.
159
Item i.
160
Item i.
161
Item ii.
162
Item iii.
163
Item iii.

Oroville City CouncilSeptember 3, 2024

Oroville City Council
September 3, 2024