November 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6
OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
November 19, 2024
REGULAR MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA
PUBLIC ACCESS AND PARTICIPATION
Please review the options below for ways to participate or observe the Council Meetings.
To Observe the Meeting:
1. Live Feed: https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/
2. Zoom Link: https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09
3. Zoom Application: Meeting ID: 968 7031 9529 Passcode: 67684553
4. By Phone: Telephone: 1-669-900-6833 Meeting ID: 968 7031 9529 Passcode: 67684553 To Provide Comment to the Council:
1. Attend the meeting in person
2. Send an Email by 2:00 PM the day of the meeting to [email protected]. All comments emailed will be provided to the Council Members for their consideration.
If you would like to address the Council at this meeting, you are requested to complete the blue speaker request form (located on the wall by the agendas) and hand it to the City Clerk, who is seated on the right of the Council Chamber. The form assists the Clerk with minute taking and assists the Mayor or presiding chair in conducting an orderly meeting. Providing personal information on the form is voluntary. For scheduled agenda items, please submit the form prior to the conclusion of the staff presentation for that item. Council has established time limitations of three (3) minutes per speaker on all items and an overall time limit of thirty minutes for non-agenda items.
If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half (1.5) minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).
Pursuant to Government Code Section 54954.2, the Council is prohibited from taking action except for a brief response from the Council or staff to statements or questions relating to a non-agenda item.
CALL TO ORDER / ROLL CALL
Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman
1 November 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6
CLOSED SESSION
The Council will hold a Closed Session on the following:
1. Pursuant to Government Code Section 54957, the Council will meet with the Personnel Officer and City Attorney to the Public Employee appointment of the Interim Police Chief.
2. Pursuant to Government Code Section 54957, the Council will meet with the Personnel Officer to discuss Public Employee Performance Evaluations. Position Title: Department Heads and Contract Employees
OPEN SESSION
1. Announcement from Closed Session
2. Pledge of Allegiance
3. Adoption of Agenda
PRESENTATIONS AND PROCLAMATIONS
None this meeting.
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.
REPORTS / DISCUSSIONS
1. Council Announcements and Reports
2. Administration Reports
2 November 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6
CONSENT CALENDAR
Consent calendar items 1 - 4 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.
1. SECOND READING OF ORDINANCE NO. 1833 AMENDING CHAPTER 9 SECTION 04.030
CITY PARKS USE REGULATIONS INCORPORATING LANGUAGE RESTRICTING CAMPING
IN PARKS AND PUBLIC SPACES
The Council will consider waiving the second reading and adopt Ordinance 1833 amending Chapter 9, section 04.030 of the Oroville Municipal Code incorporating language to restrict camping in parks and public spaces.
ACTION(S) REQUESTED -
WAIVE THE SECOND READING AND INTRODUCE BY TITLE ONLY ORDINANCE NO. 1883 – AN ORDINANCE AMENDING CHAPTER 9 SECTION 04.030 CITY PARKS USE
REGULATIONS INCORPORATING LANGUAGE RESTRICTING CAMPING IN PARKS AND PUBLIC SPACES; AND
AUTHORIZE THE ORDINANCE GOING INTO EFFECT ON FEBRUARY 1, 2025 TO ENSURE ADEQUATE SHELTER SPACE IS AVAILABLE.
2. ACCEPT THE COMMUNITY DEVELOPMENT BLOCK GRANT STANDARD AGREEMENT 22A-CDBG-PI-HA-10002 AND ESTABLISH BUDGET FOR HOMEOWNERSHIP
ASSISTANCE PROGRAM
The Council may consider accepting the 2023A Community Development Block Grant (CDBG) Program Income Only, Agreement No. 23A-CDBG-PI-HA-10002, in the amount of $920,930.02 plus future receipts up to $1,500,000, and establish a budget for program activities and activity delivery to provide loans to income eligible applicants to purchase a home in the City limits of Oroville.
ACTION(S) REQUESTED -
1. ACCEPT THE 2023A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME ONLY AGREEMENT NO. 23A-CDBG-PI-HA-10002, IN THE AMOUNT OF $920,930 PLUS FUTURE RECEIPTS OF $579,070.: AND
2. APPROVE BUDGET ADJUSTMENT INDICATED IN THE FISCAL IMPACT OF THIS STAFF REPORT, DATED NOVEMBER 19, 2024.
3. REQUEST FOR $600.00 CONTRIBUTION TO SUPPORT THE WHITE CRANE DANCERS FOR
THE UPCOMING CHINESE NEW YEAR CELEBRATION
The Council shall consider donating six hundred dollars to support the White Crane Dancers for the upcoming Chinese New Year Celebration.
ACTION REQUESTED –
APPROVE A $600.00 CONTRIBUTION FROM THE COMMUNITY EVENTS FUND TO
SUPPORT THE HIRING OF THE WHITE CRANE DANCERS FOR THE CHINESE NEW YEAR CELEBRATION.
3 November 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6
4. STREETLIGHT DATA SOFTWARE SUBSCRIPTION
The Council shall consider approving a subscription to StreetLight Data.
ACTION REQUESTED -
APPROVE AN ANNUAL SUBSCRIPTION TO STREETLIGHT DATA FOR OPTION 3 ABOVE, PREMIUM PLANNING SOLUTIONS.
REGULAR BUSINESS
5. PUBLIC SAFETY FACILITY MAINTENANCE
The Council will consider authorizing the payment for necessary facility maintenance projects made at the Public Safey Facility over the last five months.
ACTION REQUESTED -
AUTHORIZE THE PAYMENT OF SERVICES TO BUTTE COMMUNITY SERVICE IN AN AMOUNT NOT TO EXCEED $13,150.00
6. AGREEMENT WITH CLEANRITE-BUILDRITE FOR REPAIRS AND WATER BARRIER TO BE
COMPLETED AT CITY HALL IN THE BASEMENT
The Council may consider authorizing the execution of an agreement with CleanRite-BuildRite for construction services for the basement located at Oroville City Hall (1735 Montgomery Street).
ACTION REQUESTED -
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AN AGREEMENT WITH
CLEANRITE-BUILDRITE FOR THE REQUIRED CONSTRUCTION AND REPAIR OF
EXISTING WINDOW WELL AND WATER BARRIER FOR THE CITY HALL BASEMENT LOCATED AT 1735 MONTGOMERY STREET, OROVILLE, CA.
7. FIRE PROTECTION SERVICES UPDATE AND REQUEST FOR CONTRACT EXTENSION
WITH CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
FOR FIRE PROTECTION SERVICES
The Council shall receive an update on fire protection services at the City and consider extending contract with CAL Fire for fire protection services.
ACTION REQUESTED -
DIRECT STAFF TO WORK ON THREE-YEAR AGREEMENT WITH CALFIRE FOR FIRE PROTECTION SERVICES.
4 November 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6
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]
8. 5:15PM - Appeal of the September 26, 2024, decision of the Planning Commission to approve the Gold Creek Commons Tentative Subdivision Map The Council shall conduct a public hearing and consider an appeal of the Oroville Planning Commission’s September 26, 2024, decision to approve the Gold Creek Commons Tentative Subdivision Map, TSM24-01, which will subdivide two existing parcels totaling 7.04 acres identified as APN 013-160-054 and APN 035-450-014 off Lincoln Street between Mitchell Avenue and Oroville Dam Blvd E, into 11 parcels for the purpose of a mixed-use development.
Per Oroville Municipal Code (OMC) Chapter 16.04.060 an appeal of a Planning Commission decision must be heard no later than 60 days from receipt of the request, which was received on October 4, 2024.
ACTION REQUESTED -
1. REMAND THE PROJECT BACK TO THE PLANNING COMMISSION TO DETERMINE AN
APPROPRIATE SOLUTION, AND IF MUTUAL AGREEMENT IS NOT POSSIBLE BY A PROJECT CONDITION.
ALTERNATIVELY, THE COUNCIL CAN:
2. APPROVE THE APPEAL, THUS REQUIRING THE DEVELOPER TO RECORD A
COLLABORATIVE LAND USE EASEMENT (CLUE) USING LANGUAGE SUGGESTED BY EITHER THE APPELLANT OR AS OTHERWISE AGREED TO BY BOTH PARTIES; OR
3. DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION’S APPROVAL OF TENTATIVE SUBDIVISION MAP TSM24-01, WHICH INCLUDES THE CONDITION THAT STAFF WORK WITH ALL PARTIES TO FIND A MUTUALLY AGREED UPON SOLUTION. 5 November 19, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6 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. PG&E Notice Rate Increase
ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on December 3, 2024 at 4:00 p.m.
Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.
Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: SECOND READING OF ORDINANCE NO. 1833 AMENDING CHAPTER 9 SECTION 04.030 CITY PARKS USE REGULATIONS INCORPORATING
LANGUAGE RESTRICTING CAMPING IN PARKS AND PUBLIC SPACES DATE: NOVEMER 5, 2024
SUMMARY
The Oroville City Council will consider waiving the second reading and adopt Ordinance 1833 amending Chapter 9, section 04.030 of the Oroville Municipal Code incorporating language to restrict camping in parks and public spaces.
DISCUSSION
On November 5, 2024, the Oroville City Council conducted a public hearing, and approved the adoption of Ordinance 1833, amending Chapter 9 Section 04.030 of the Municipal Code, regarding City Parks use regulations incorporating language restricting camping in Parks and Public Spaces.
The recent ruling in City of Grants Pass, Oregon v. Johnson by the United States Supreme Court found that the prohibition of camping on public property does not violate the Eighth Amendment of the United States Constitution. This decision provides cities with some leeway in managing public property, ensuring a balance is maintained to protect the quality of life for all citizens while respecting constitutional protections.
The Grants Pass case, as decided by the Supreme Court in "City of Grants Pass, Oregon v. Johnson", does not appear to directly impact the rulings regarding the Fourth and Fourteenth Amendment protections as discussed in the "Lavan v. City of Los Angeles" and "Garcia v. City of Los Angeles" cases. The Grant's Pass case primarily dealt with the constitutionality of city ordinances prohibiting sleeping or camping on public property and the associated civil and criminal penalties, rather than the immediate seizure and destruction of personal property without notice or opportunity for a hearing, which are central issues in the Lavan and Garcia cases.
Following the Grant’s Pass decision, the Governor signed Executive Order N-1-24, emphasizing the need for urgent and humane action to remove dangerous encampments 7 Item 1.
from public spaces. The order highlights the importance of collaboration between State, local, and nonprofit entities in addressing encampments, stressing that the removal of such encampments should be carried out with dignity and respect for those affected. Local governments are encouraged to align their policies with the State's guidelines and to utilize available resources to address the crisis with the urgency it demands. The order underscores that while the State has provided substantial resources, local jurisdictions are now expected to act decisively and compassionately to resolve encampments, particularly those posing significant threats to health and safety.
The information creates a challenging environment for managing the current situation. It is understandable that the public does not want their quality of life to be diminished by unsightly camps in public spaces. A balance must be reached to effectively enforce the law while respecting everyone’s Constitutionally protected rights.
The changes suggested in the attached amendment to Chapter 9, section 04.030 of the Oroville Municipal Code align the City Code with the Executive Order EO-7-24. These changes would prohibit people from camping in public spaces. The suggested changes define camping, camping activities and storage of personal property in public spaces.
Staff recommend that this ordinance goes into effect on February 1, 2025 to ensure adequate shelter space is available.
FISCAL IMPACT
None
ACTION REQUESTED
Waive the second reading and introduce by title only Ordinance No. 1883 – AN ORDINANCE AMENDING CHAPTER 9 SECTION 04.030 CITY PARKS USE
REGULATIONS INCORPORATING LANGUAGE RESTRICTING CAMPING IN PARKS
AND PUBLIC SPACES
ATTACHMENTS
Amendments to Chapter 9 section 04.030 of the Oroville Municipal Code; Governors Executive Order EO-7-24
California Department of Transportation Director MPD 1001-R-1 8 Item 1.
Ordinance No. 1883
CITY OF OROVILLE
ORDINANCE NO. 1883
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING PORTIONS OF CHAPTER 9 (PUBLIC PEACE AND WELFARE) REGARDING CAMPING ON PUBLIC PROPERTY FOLLOWING THE UNITED STATES SUPREME COURT’S DECISION IN JOHNSON V. CITY OF
GRANTS PASS
WHEREAS, The City of Oroville recognizes the need to maintain public order, safety, and quality of life for all its residents and visitors; and WHEREAS, The City of Oroville has an obligation to ensure that public spaces such as parks, sidewalks, and other public properties remain accessible and safe for all members of the community; and
WHEREAS, The City of Oroville recognizes that camping in public spaces leads to health and safety hazards, including unsanitary conditions, fire risk, and increased crime; and WHEREAS, The Supreme Court decision in Johnson v. City of Grants Pass affirmed that generally applicable bans on camping in public places do not violate the Eighth Amendment when applied in a manner that does not specifically target individuals based on their status of being homeless, but rather on the conduct of camping in public places; and WHEREAS, The City of Oroville seeks to provide compassionate solutions to homelessness by supporting shelters, housing programs, and services designed to assist individuals in finding stable and permanent housing; and WHEREAS, The City of Oroville has determined that the enforcement of a ban on camping in public places, coupled with supportive services, is essential to maintaining public health, safety, and welfare; and
9 Item 1.
Ordinance No. 1883
WHEREAS, The City of Oroville expends significant public resources to provide services to those experiencing homelessness and commits to ongoing efforts to increase the availability of such resources; and
WHEREAS, The City of Oroville finds that this ordinance amending section 9.04.030 of the Oroville Municipal Code is necessary to promote the health, safety, and welfare of the community, and to preserve the public order and quality of life in the City of Oroville.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OROVILLE DOES HEREBY
ORDAINS AS FOLLOWS
SECTION 1: FINDINGS. The recitals set forth above are hereby adopted as findings in support of this Ordinance.
SECTION 2: Section 9.04.030 of the Oroville municipal code is hereby amended to read as follows:
§ 9.04.030 City park and Public space use regulations.
A. Vehicles Excluded. No person shall ride or drive in a vehicle within any city park or park facility except in areas designated by the park commission.
B. Unlawful to Engage in Games Injurious to Property. No person shall engage in any games, actions or conduct injurious to or to injure in any manner any trees, shrubs, plants, flowers or other property in any city park or park facility.
C. Rude or Boisterous Conduct Prohibited. No person shall, in any city park or park facility, conduct him or herself in a boisterous, threatening, abusive, insulting or indecent manner so as to annoy the public, or engage in any disorderly conduct or behavior tending to be a breach of the public peace and enjoyment of the city park facility.
D. Throwing of Stones, Missiles, etc., Prohibited. No person shall throw any stones, missiles or any object in any city park or park facility other than in usual sports activities.
E. Control of Dogs, Cats or Other Animals. No dog, cat or other animal shall be permitted to enter upon land or water owned, managed, controlled or operated as a city park or park facility, except at a time, place and manner as may be designated by the park commission.
F. Abandonment of Dogs, Cats or Other Animals Prohibited. Persons shall not leave or deposit dogs, cats or other animals, fish or fowl, or any parts thereof whether dead or alive, in any park or park facility.
10 Item 1.
Ordinance No. 1883
G. Hours of Use.
1. No persons shall loiter, remain or sleep in or upon any city park or park facility at any time during such hours that the city park or park facility is declared closed. It shall be unlawful for any person to camp on any public property within the City.
2. The city park commission shall designate the hours of closing for each city park or park facility and shall cause such hours of closing to be posted at each entrance to each city park or park facility.
3. The chief of police may at any time order any city park or park facility closed for a period of time not to exceed 24 hours whenever in the judgment of the chief of police such closing is necessary or required to prevent injury to persons or property.
4. Any person who willfully remains in any city park or park facility after having been informed that the chief of police has ordered such city park or park facility closed is guilty of a misdemeanor.
H. Care of Public Property. No person shall mark, deface, disfigure, injure, tamper with, move or displace any park structures, equipment, facilities or appurtenances whatsoever, either real or personal.
I. Restrooms, Dressing Rooms and Washrooms. No person shall fail to cooperate in maintaining restrooms, dressing rooms and washrooms in a neat and sanitary condition. Further, no person shall loiter in or about such facilities, nor shall any person use such facilities for purposes other than those intended.
J. Care of Trees, Shrubbery, Lawns, Flowers, etc. No person shall misuse, damage, cut, carve, or remove any tree, plant, turf or ground-cover, or pick flowers or seeds of any tree or plant or attach any rope, wire or other object to any tree or plant within any city park or park facility.
K. Climbing of Trees and Other Objects Prohibited. No person shall climb any tree, or walk, stand or sit upon monuments, fountains, railings, fences, buildings or any other property not designated or customarily used for such purposes.
L. Protection of Wild Animals, Birds, etc. No person shall hunt, molest, harm, kill or trap or throw missiles of any kind at any animal, reptile or bird, or remove or have in his or her possession the young of any wild animal, reptile or bird, or the eggs or nests of young of any reptile or bird.
11 Item 1.
Ordinance No. 1883
M. Possession of Firearms or Other Weapons Prohibited. No person other than peace officers in the discharge of their duties shall possess, carry or use firearms or weapons of any description whether air or gas propelled, spring guns, bows and arrows, slings or any other form of weapon potentially dangerous to wildlife or human safety. The mere possession of such firearm or device, whether loaded or unloaded, or shooting into parks or park facilities from adjacent boundaries is prohibited.
N. Refuse, Trash and Litter Control. The possession of glass containers in city parks or city park facilities is prohibited. No person shall dump, deposit or leave any bottles, broken glass, ashes, paper, cans, dirt, rubbish, garbage or other refuse in any city park or park facility, except that incidental to the use of the facility, in any place other than receptacles provided for the deposit of such material.
O. Advertising Matter Prohibited. No person shall distribute, circulate, give away, throw or deposit in or on any city park or park facility any handbill, circular, pamphlet, paper or advertisement, or post, or fix same to any tree, fence or structure within any city park or park facility.
P. Control of Automobiles and Other Conveyances. No person shall operate or drive an automobile, bicycle, truck, trailer, wagon, motor scooter, skateboard or other conveyance on other than roads, parking lots or paths designated for such purpose. Bicyclists are required to wheel or push a bicycle by hand. Automobiles and all other abovementioned conveyances, shall be operated with regard to the safety of others. In no event shall the maximum speed of any motorized vehicle exceed that speed so posted at such facilities.
Q. Kindling and Control of Fires. No person other than the ones acting under authorization, direction or permission of the park superintendent shall build, light or kindle any open or outdoor fire at any place within a park or park facility except in areas and facilities specifically designated and built for this purpose.
R. Alcoholic Beverages. No person shall have in his or her possession within any city park or park facility any alcoholic beverage without written permission of the director of parks and trees. The city park commission may establish a procedure whereby written permission to possess alcoholic beverages may be issued to groups which have been granted exclusive use of all or part of a city park.
S. Gambling Prohibited. No gambling of any kind or description shall be permitted in any park or park facility.
12 Item 1.
Ordinance No. 1883
T. Horseback Riding. No person other than one acting under authorization or direction of the park commission shall ride a horse, pony, mule or animal of any description onto any city park or park facility, except on roads or trails and at times so designated for that purpose.
U. Washing or Repairing Automobiles or Other Conveyances Prohibited. No person shall wash or repair in any manner any automobile or other conveyance within any area of any city park or park facility.
V. Overnight Parking Prohibited. No person shall park, abandon or otherwise allow to remain within any park or park facility any automobiles or other conveyances between the hours of 11:00 p.m. and 6:00 a.m.
W. Playing or Practicing Golf Restricted. No person shall drive, putt or in any other fashion play or practice golf or use golf balls and golf clubs within any city park or park facility except in areas so designated by the park commission.
X. Model Crafts Restricted. No person shall fly model airplanes or operate model automobiles, boats or other craft of any kind or description in any city park or park facility except in areas so designated by the park commission.
Y. Water Pollution Prohibited. No person shall pollute in any manner any water in any city park or park facility or public space, and further, no person shall deposit or cause to be deposited any foreign material such as glass, paper, garbage or rubbish of any kind in such waters.
Z. Overnight Camping Prohibited. No person shall camp overnight, erect a campsite or tent in any city park, park facility or public space. (1) Camp or camping means the conduct of more than one of the following activities on a public property, when it reasonably appears, in light of all circumstances, that a person is using such public property for living accommodation purposes:
(a) sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicles windows
(b) erecting or using any tent, camp facilities, or building any other form of shelter:
13 Item 1.
Ordinance No. 1883
(c) unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets. luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia;
(d) making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in City parks with designated barbeque and cooking areas while using City-provided cooking facilities designed for such purposes; or
(e) doing any digging or earth breaking activities for purpose of creating or improving a shelter.
Camping shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location on public property. (2) "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.
(3) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking or heating equipment. (4) “Public property" means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rightsof-way; park playgrounds; state highways; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.
(5) Storage of Personal Property Prohibited.
(a) It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided herein.
14 Item 1.
Ordinance No. 1883
(b) Before removing any personal property, the enforcement officer, or their designee, shall attempt to provide any readily apparent owners with notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the readily apparent owner refuses to remove the personal property from public property, then the enforcement officer, or their designee, may cause the personal property to be removed from public property. The enforcement officer, or their designee, shall post a notice on or near the personal property so as to reasonably communicate the notice to the owner the following information:
(1) The location of where the personal property was located; (2) The date and time notice was served or posted;
(3) A statement that the storage of personal property violates this Section;
(4) An advisement that the City has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed.
(5) The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the City will charge no fee for storage or retrieval.
(6) Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services;
(6) The enforcement officer, or their designee, may immediately discard, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law.
Personal property as defined by State of California, Department of Transportation Directive MPD1001-R-1
(E) Items to be collected
(F) Items that will not be collected
AA. Picnicking. Picnicking shall be permitted in established picnic areas only. 15 Item 1.
Ordinance No. 1883
BB. Decorations. No person shall attach to any park facility or building any materials, devices or equipment for the purpose of decorating that facility or for any other similar purpose without first having obtained in writing the permission of the park superintendent.
CC. Unreasonable Noises Prohibited. No person shall operate any loudspeaker in any city park or park facility without written permission of the park commission. No person or group shall by either voice, mechanical device or other offensive conduct, create or permit any loud or unreasonable noise to develop in any city park or park facility.
DD. Fireworks. No person or groups shall discharge or cause to be discharged any type of fireworks within any city park or park facility except in areas so designated by the park commission.
EE. Construction of Platforms, Booths, etc., Prohibited. No person shall construct platforms, display booths or any edifice on or in any city park or park facility, nor shall such platforms, booths, etc., be placed in any park or park facility except as so designated by the park commission.
FF. Separability and Validation Clause. The city council hereby declares and provides that, if any portion of this section is held unconstitutional or void for any reason, such decision shall not affect the validity of the remaining portion thereof, and in such event, the city council declares it would have passed and enacted each and every other remaining valid section herein separately and without respect to the portion or portions held to void, unconstitutional or unenforceable.
GG. Violation of Any of the Foregoing Sections a Misdemeanor. Any person or persons violating any of the provisions of this section is guilty of a misdemeanor and upon conviction thereof punishable by imprisonment in the county jail not to exceed 6 months, a fine not to exceed the amount outlined in the Master Fee Schedule, or both.
D. Exceptions. No provision of this section shall be deemed, whether directly or indirectly, to authorize any act which is otherwise prohibited by any law of the State of California or require any act which is otherwise prohibited by any law of the State of California. Nor shall any provision of this section be deemed, whether directly or indirectly, to prohibit any act or acts which are prohibited by any law of the State of California.
E. Violations—Infractions. Any person who violates any provision of this section is guilty of an infraction and, upon conviction, is punishable by:
16 Item 1.
Ordinance No. 1883
1. A fine not exceeding $250.00 for a first violation;
2. A fine not exceeding $500.00 for a second violation of this chapter within one year;
3. A fine not exceeding $1,000.00 for each additional violation of this chapter within one year. A person who violates the provisions of subsection B of this section shall be deemed to be guilty of a separate offense for each day, or portion thereof, during which the violation continues. A person who violates the provisions of subsection C of this section shall be guilty of a separate offense for each item of drug paraphernalia which is distributed
17 Item 1.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-1-24
WHEREAS California is experiencing a homelessness crisis decades in the making, with over 180,000 people estimated to have experienced homelessness on any given night in 2023, including 123,000 people who experienced unsheltered homelessness, living in tents, trailers, and vehicles across the state; and
WHEREAS within the first year of my Administration I fast-tracked the development of shelter through Executive Order N-23-20, which directed departments to assess and facilitate the use of available state land and resources for short-term emergency homeless shelters; and WHEREAS since the beginning of my Administration, the State has made unprecedented investments to address the homelessness crisis head on, investing more than $24 billion across multiple state agencies and departments, including $4.85 billion in flexible funding to local jurisdictions to prevent and reduce homelessness through Homeless Housing, Assistance and Prevention grants, $1 billion in Encampment Resolution Funding to assist local jurisdictions in providing services and supports to people living in encampments, and $3.3 billion to rapidly expand housing for persons experiencing homelessness through Homekey; and
WHEREAS the State has redoubled its commitment to holding local jurisdictions accountable to reduce homelessness, including by strengthening and enforcing requirements that local jurisdictions plan for their fair share of housing and by conditioning state homelessness funding on rigorous reporting and measurable performance metrics; and
WHEREAS it is imperative to act with urgency to address dangerous encampments, which subject unsheltered individuals living in them to extreme weather, fires, predatory and criminal activity, and widespread substance use, harming their health, safety, and well-being, and which also threaten the safety and viability of nearby businesses and neighborhoods and undermine the cleanliness and usability of parks, water supplies, and other public resources; and
WHEREAS while every jurisdiction must do more to address encampments, state and local agencies taking proactive steps to remove encampments have been stymied in those efforts by lawsuits and injunctions, leaving officials without the tools or guidance necessary to address the crisis on their streets; and WHEREAS in September 2023, I called on the United States Supreme Court to grant review in City of Grants Pass v. Johnson to clarify that state and local officials can take reasonable actions to resolve encampments while respecting the humanity of all Californians; and
WHEREAS in June 2024 the Supreme Court overturned Ninth Circuit Court of Appeals precedent that restricted the government’s authority to enforce laws regulating encampments, recognizing that jurisdictions may tailor their enforcement practices to reflect policy-driven approaches to addressing homelessness; and
WHEREAS with the threat of these types of injunctions removed, there is no longer any barrier to local governments utilizing the substantial resources 18 Item 1.
provided by the State, in tandem with federal and local resources, to address encampments with both urgency and humanity, or excuse for not doing so; and WHEREAS guidelines that prioritize offers of shelter and services as a first step to resolving any encampment best respect the dignity of every Californian and provide meaningful paths to ending homelessness; and WHEREAS the California Interagency Council on Homelessness leads California’s efforts to prevent and end homelessness; and WHEREAS the California Department of Transportation maintains a policy directive that prioritizes removal of encampments that pose threats to life, health, and safety, while partnering with local governments and nonprofit providers to facilitate offers of shelter and supportive services in advance of a removal; and
WHEREAS the California Department of Transportation has, since July 2021, removed 11,188 encampments and 248,275 cubic yards of debris from these encampments along the state rights of way.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes of the State of California, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1) Agencies and departments subject to my authority shall adopt policies, generally consistent with California Department of Transportation’s Maintenance Policy Directive 1001-R1, to address encampments on state property, including through partnerships with other state and local agencies, and shall prioritize efforts to address encampments consistent with such policy. Such policies shall include the following:
a. Whenever feasible, site assessment in advance of removal operations to determine whether an encampment poses an
imminent threat to life, health, safety or infrastructure such that exigent circumstances require immediate removal of the
encampment.
b. Where exigent circumstances exist, as much advance notice to vacate as reasonable under the circumstances.
c. Where no exigent circumstances exist, posting of a notice to vacate at the site at least 48 hours prior to initiating removal. d. Contacting of service providers to request outreach services for persons experiencing homelessness at the encampment.
e. Collection, labeling, and storage for at least 60 days of personal property collected at the removal site that is not a health or safety hazard.
2) All departments and agencies not under my authority are requested to adopt policies consistent with the guidelines in Paragraph 1. 3) Local governments are encouraged to adopt policies consistent with this Order and to use all available resources and infrastructure, 19 Item 1.
including resources provided by the State’s historic investments in housing and intervention programs where appropriate and available, to take action with the urgency this crisis demands to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them. 4) The California Interagency Council on Homelessness shall develop guidance and provide technical assistance consistent with this Order for local governments to follow in implementing their local homelessness programs.
IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have
hereunto set my hand and caused
the Great Seal of the State of
California to be affixed this 25th day
of July.
_____________________________
GAVIN NEWSOM
Governor of California
ATTEST:
_____________________________
SHIRLEY N. WEBER, Ph.D.
Secretary of State
20 Item 1.
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
MAINTENANCE POLICY DIRECTIVE
NUMBER
MPD 1001-Rl
PAGE
1 OF 7 -- --
DATE ISSUED
10/10/2022
EFFECTIVE DATE
10/10/2022
SERGIO ACEVES
Chief, Division of Maintenance
SIGNATURE
srA~
DISTRIBUTION
[8J All District Directors
[8J All Deputy District Directors - Maintenance
[8J All Deputy District Directors - Traffic Ops.
[8J All Deputy District Directors - Construction
[8J All Deputy District Directors - Design
[8J All Deputy District Directors - Trans. Planning
[8J Chief, Division of Engineering Services
[8J Chief Counsel, Legal Division
D Publications (California Supplement Website)
[8J All Division of Maintenance Office Chiefs
[8J All SM&I Office Chiefs
[8J Headquarters Division Chiefs for:
SUBJECT
Division of Maintenance - Encampment Removal Policy
DOES THIS DIRECTIVE AFFECT OR [8J YES O NO
SUPERSEDE ANOTHER DOCUMENT?
IF YES, DESCRIBE
Volume l, Chapter l, section 1.07.3
MPD 1001, issued August 16, 2010
MPD2002-R9
WILL THIS DIRECTIVE BE INCORPORATED [8J YES O NO IN THE MAINTENANCE MANUAL?
IF YES, DESCRIBE
Volume 1, Chapter 1, section 1.07.3
This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations.
To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.
DIRECTIVE
The California Department ofTransportation (Caltrans) does not permit encampments on its Right-of-Way.
Cal trans' goal is to maintain the integrity ofthe transportation network. Encampments degrade highway infrastructure and impact the maintenance and operation ofthe highway facilities. Removal of encampments mitigates health, safety, access, and concealment issues for Persons Experiencing Homelessness (PEHs ), the traveling public, adjacent neighborhoods, Caltrans staff and first responders. For these reasons, Caltrans' Rightof -Way is not suitable for encampments. This policy facilitates transportation, access and safety needs while providing guidance regarding encampment removal operations. To whatever extent the Maintenance Manual or other guidance is in conflict, this policy takes precedence.
ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Mi Unit at (279) 234-2284, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. 21 Item 1.
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
A. Site Assessment - When feasible, a site assessment should be performed by Maintenance staff and include:
1. Prioritization of each encampment as either a Priority Level 1 ( Critical Priority for Expeditious / Urgent Removal) or a Priority Level 2 (Removal Needed). a. Priority Level 1 (Critical Priority for Expeditious/ Urgent Removal) - Critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be immediately addressed. This is limited to exigent circumstances. Non-exclusive examples include: the encampment is on or near an unstable structure at risk of collapse; the encampment is close to traffic and the PEH in the encampment are at immediate risk of getting hit by vehicles; PEH are living within a confined space, such as a bridge cell.
b. Priority Level 2 (Removal Needed) - All other encampments.
B. Site Assessment Action Items and Considerations
1. When appropriate, the California Highway Patrol (CHP) should be contacted in advance to assist in initial site assessment.
2. The District Encampment Coordinator or staff should contact service providers and request outreach services for PEH at the encampment.
3. District Hazmat Coordinator or other hazmat-trained staff should evaluate the site for any hazards unique to the encampment that will require specialized hazardous materials handling, disposal, or site remediation.
4. If appropriate, the District Landscape Architect or designee should evaluate potential mitigation efforts related to landscaping to prevent future encampments.
C. Notice
1. Priority Level 1
a. No advance posted Notice to Vacate is required.
b. CHP should be present during operations.
c. If circumstances reasonably allow for advance notice, then give as much advance notice as is reasonable under the circumstances, to be determined on a case-by-case basis. d. If advance written notice is not given and ifproperty was collected during the removal, an after encampment "removal advisory" shall be posted in a prominent location near where the encampment was removed providing information describing where items were removed from, a contact phone number for reclaiming collected property, including the date by which property must be reclaimed.
e. Time-stamped photographs or videos should be taken ofthe "removal advisory."
2. Priority Level 2
22 Item 1.
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
a. Post Notice to Vacate at least 48 hours before beginning encampment removal. b. CHP shall be present during the posting ofNotice to Vacate. c. Location of Posted Notice to Vacate - Written Notice to Vacate should be posted at each major point ofingress/egress in a conspicuous manner.
d. If prevented from posting the Notice to Vacate because of hostility, interference, or any other action from persons on site, posting should not be attempted until CHP mitigates the situation.
e. Time-stamped photographs or videos should be taken ofthe posted Notices to Vacate.
3. Paper Notices to Vacate should be enclosed in sheet protectors to protect against weather.
4. Paper Notices to Vacate shall be filled out completely and include:
a. Posting date and time.
b. Location.
c. "Vacate by" date and time.
d. Telephone number for assistance in obtaining property collected during a removal. e. Date by which property must be collected from Caltrans before it is discarded. f. Removal start and end dates.
D. Removal Operations
1. Before work at encampment site, CHP shall be present. Do not begin removal operations when PEH are in the immediate vicinity. Any PEH who remain on site when Cal trans or its contractors arrive to begin the removal shall be given a reasonable amount oftime to remove possessions before any removal begins.
2. Where advance written notice is given, removal work shall begin on the date written on the Notice to Vacate and shall begin no earlier than the time written on the Notice to Vacate. If removal work does not begin on the date written on the Notice to Vacate, the location must be reposted before removal operations may begin. Ifprevented from removal work because of hostility, interference, or any other action from persons on site, removal work should not be attempted until CHP mitigates the situation. No further posting is necessary once Caltrans workforce and/or contractors arrive for removal operations and will continue from day to day until completed.
3. Time-stamped photographs or videos should be taken before, during, and after removal work has been completed.
4. Hazardous Materials trained personnel should evaluate the site to identify and plan for removal of any hazardous materials.
5. When possible, equipment should be used to gather, pile, and load encampment debris to reduce exposure and contamination.
6. Any personal property that is collected should be stored in a secured location by Caltrans for not less than 60 days, then discarded ifnot claimed.
7. Collected personal property should be time-stamped photographed and shall be inventoried by 23 Item 1.
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
describing and labeling the items and identifying the encampment location and the removal date.
E. Items To Be Collected (Bagged and Tagged) and Stored
1. Personal property that is not a health or safety hazard, in plain sight, shall be collected, labelled, and stored. Caltrans employees and contractors shall collect the following items:
a. Items of apparent value - defined as items having an apparent value of $50 or more. b. Items of apparent personal value including but not limited to:
i. Eyeglasses, operational wheelchairs, walkers, crutches, other medical equipment.
11. Tents (habitable and uncontaminated).
iii. Personal papers such as photographs, albums, ID's, bank statements, legal papers, etc.
iv. Bicycles, scooters, strollers in good repair.
v. Backpacks and containers that appear to be in good condition and have been determined by a Cal trans hazmat contractor to be free of materials described in Section F(l)(a)-(f) below. [Caltrans's current policy is not to collect backpacks and closed containers due to potential safety issues].
2. Due to the exigent circumstances surrounding Priority Level 1 removals, it may not be possible to collect, label and store items.
F. Items That Will Not Be Collected
1. Items that present an immediate health or safety risk, such as:
a. Toxic sharps: needles, scissors, knives.
b. Chemicals: bleach, paint, oils, etc.
c. Items (including bedding and clothing) soiled by infectious materials: human waste, bodily fluids.
d. Moldy, mildewed items.
e. Items that may be infested by rodents and insects: rats, mice, fleas, lice, bed bugs. f. Items that pose a risk offire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids. g. Backpacks and closed containers that have been determined by a Caltrans hazmat contractor to contain items listed in (a)-(f) above or items (3), ( 4), (5), or (6) below. Such backpacks and closed containers may be discarded where no hazmat contractor is present to make a determination.
h. Ifpersonal belongings are co-mingled or littered with needles, human waste, or other health risks, employees/contractor may dispose ofthe entire pile of belongings and are not required to sort through and attempt to remove the health or safety risks. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.
24 Item 1.
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
2. Mattresses: furniture with fabric, padding, or is porous; sheds, structures, rolling structures, and bulky items. Sheds, structures, or rolling structures may be demolished ifnot removed by PEH prior to the encampment removal. A "bulky item" is any single item that is over 50 pounds and requires more than two persons to safely lift.
3. Perishable items, perishable food.
4. Controlled substances, drugs with or without prescription and medications of any kind. [Should be handled by hazmat trained personnel and/or by CHP.]
5. Contraband, weapons and illegal items. [Should be addressed as provided in the Maintenance Manual and/or as directed by CHP.]
6. Trash, garbage, and/or debris. This includes property that appears to have been discarded by its owner and broken appliances or broken furniture which constitutes abandoned property or trash. a. If employees/contractors have a reasonable doubt as to whether an item constitutes trash, it should be collected and stored. Employees/contractors should exercise their best judgment in determining which items should be collected and stored.
7. Motor vehicles should be handled as provided in the Vehicle Code.
G. Reclaiming Collected Personal Property
1. Persons attempting to retrieve property collected during a removal operation shall give the location ofthe encampment where the property was collected, describe where and when the personal property was last in their possession, and provide a description ofthe item(s). The person retrieving property shall sign and date a document acknowledging receipt ofthe property. Ifrequested, a receipt should be given to the person retrieving property.
H. Record Keeping
1. An After-Action Report should be submitted to the Headquarters office handling encampments ( currently the Office ofHomelessness & Encampments, aka OH&E) within one week of a completed encampment removal.
2. A file should be created for each encampment removal and retained for 4 years, and should contain:
a. Photographs and/or videos taken in connection with the removal effort. b. Writings reflecting assessments, evaluations, summaries, receipts and notices connected with the encampment removal, items collected, and items retrieved, if any. c. Name(s) ofthe contractor(s) involved in the removal. d. Name(s) ofthe social service providers.
e. MAZEEP Daily Report forms and, ifnot reflected on the form, names and badge number(s) ofCHP or other law enforcement involved in the encampment removal. f. Completed Encampment Removal Request Forms.
g. Collected Personal Property Forms and receipts.
25 Item 1.
STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
Attachment(s):
26 Item 1.
7 STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
MAINTENANCE POLICY DIRECTIVE
MTCE-03 (REV 3/2015)
PAGE 7 OF
DEFINITIONS
When used in this Maintenance Policy Directive, the text shall be defined as follows:
1) Standard - a statement of required, mandatory, or specifically prohibited practice. All standards text appears in bold type. The verb shall is typically used. Standards are sometimes modified by Options. 2) Guidance - a statement of recommended, but not mandatory, practice in typical situations, with deviations allowed if engineering judgement or engineering study indicates the deviation to be appropriate. All Guidance statements text appears in underlined type. The verb should is typically used. Guidance statement are sometimes modified by Options.
3) Option - a statement of practice that is a permissive condition and carries no requirement or recommendation.
Options may contain allowable modifications to a Standard or Guidance. All Option statements text appears in normal type. The verb may is typically used.
4) Support - an informational statement that does not convey any degree of mandate, recommendation, authorization, prohibition, or enforceable condition. Support statements text appears in normal type. The verbs shall, should and may are not used in Support statements. 27 Item 1.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR,
BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: ACCEPT THE COMMUNITY DEVELOPMENT BLOCK GRANT
STANDARD AGREEMENT 22A-CDBG-PI-HA-10002 AND ESTABLISH
BUDGET FOR HOMEOWNERSHIP ASSISTANCE PROGRAM
DATE: NOVEMBER 19, 2024
SUMMARY
The Council may consider accepting the 2023A Community Development Block Grant (CDBG) Program Income Only, Agreement No. 23A-CDBG-PI-HA-10002, in the amount of $920,930.02 plus future receipts up to $1,500,000, and establish a budget for program activities and activity delivery to provide loans to income eligible applicants to purchase a home in the City limits of Oroville.
DISCUSSION
Under the CDBG Program, funds received by the Grantee (City) as a result of a CDBG-funded activity are generally referred to as Program Income. Program Income funds retain their federal identity in perpetuity and are subject to all federal requirements. One of those requirements is that CDBG Program Income must be applied to a Standard Agreement by one of three ways:
1. Include Program Income for an eligible activity application during the annual NOFA cycle, 2.
Submit a Program Income Only application for an eligible activity, or 3. Amend an existing Standard Agreement to include Program Income.
The City Council adopted Resolution No. 9287 on July 16, 2024, approving the submittal of a CDBG Program Income Only Application of Cash on-hand plus future receipts to the State Department of Housing and Community Development for the continuation of the City’s Homeownership Assistance Program that provides a loan subsidy to income eligible applicants when purchasing a home in the City limits of Oroville.
Subsequently the City of Oroville received a Notice of Award on October 29, 2024, and staff is requesting approval to establish a budget for the following activities:
Cash on-hand
Homeownership Assistance $ 743,458.00
Activity Delivery: $ 28,846.00
General Administration $ 148.626.00
28 Item 2.
$ 920,930.00
Future Receipts
Homeownership Assistance $ 346,287.00
Activity Delivery: $ 163,461.00
General Administration $ 69,322.00
$ 579,070.00
FISCAL IMPACT
A budget adjustment will be required to establish a budget as follows:
1.Transfer $920,930 from 2272270-9000-CDBG RLF to 2222220-4750-PI10002.
2. Transfer the remaining balance of $579,070 as it comes in from 2272270-9000-CDBG RLF to 2222220-4750-PI10002.
General Administration
Fund 222
Revenues:
Budget Unit Object No. Project Code Account Name $Amount 2220 4570 PI10002GA Federal Grants 217,948.00
Expenses:
Budget Unti Object No. Project Code Account Name $Amount 2220 5110 PI10002GA Salaries and Wages 163,948.00
2220 6000 PI10002GA Advertising 4,000.00
2220 6270 PI10002GA Office Expense 4,500.00
2220 6340 PI10002GA Other Supplies 4,500.00
2220 6360 PI10002GA Outside Services 30,000.00
2220 6430 PI10002GA Special Department Exp. 4,000.00
2220 6470 PI10002GA Telecommunications 4,500.00
2220 6480 PI10002GA Training 2,500.00
217,948.00
Activity /Activity Delivery
Fund 222
Revenues:
Budget Unit Object No. Project Code Account Name $Amount 2220 4570 PI10002AD Federal Grants 1,282,052.00
Expenses:
Budget Unit Object No. Project Code Account Name $Amount 2220 5110 PI10002GA Salaries and Wages 166,307.00
2220 6000 PI10002GA Advertising 6,000.00
2220 6270 PI10002GA Outside Services 20,000.00
2220 6340 PI10002GA Loans 1,089,745.00
1,282,052.00
29 Item 2.
RECOMMENDATION
1. Accept the 2023A Community Development Block Grant Program Income Only Agreement No. 23A-CDBG-PI-HA-10002, in the amount of $920,930 plus future receipts of $579,070.: and
2. Approve Budget Adjustment indicated in the fiscal impact of this Staff Report, dated November 19, 2024.
ATTACHMENTS
Award Announcement
30 Item 2.
Award Notification Letter
Dear Amy Bergstrand,
Congratulations! An award package has been created for the following program:
Project: City of Oroville - Homeownership Assistance
Program: CDBG Program Income Only (2023-2024)
Approved Amount: $920,930.02
Federal Awards:
No federal funds were included in this
award.
Other Awards: PI - City of Oroville: $920,930.02
Total Other: $920,930.02
Total Match: $0.00
Period of Performance: 10/01/2024 - 09/30/2027
Award/Contract Number: 23A-CDBG-PI-HA-10002
Ein: 94-6000387
Item 2.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: FRED MAYO, PUBLIC WORKS DIRECTOR
RE: REQUEST FOR $600 CONTRIBUTION TO SUPPORT THE WHITE
LION DANCERS FOR THE UPCOMING CHINESE NEW YEAR
CELEBRATION
DATE: NOVEMBER 19, 2024
SUMMARY
The City Council shall consider contributing six hundred dollars to support the White Lion Dancers for the upcoming Chinese New Year Celebration.
DISCUSSION
The Chinese New Year is an important cultural celebration. The White Lion Dance is a unique performance known to bring joy and cultural enrichment, highlighting the vibrancy of Oroville's diverse community. The event is expected to attract local residents and visitors, strengthening cultural ties and promoting inclusivity.
Hiring the White Lion Dancers will add cultural authenticity and excitement to the celebration, providing a meaningful experience for attendees. However, securing their performance requires a financial contribution. Ann Chamberlin, who is assisting with the planning for this celebration, has requested a contribution of $600 from the City (one half of total costs) to help with these costs.
The Chinese New Year celebration will be a family-friendly event that aligns with the City’s mission to foster community engagement, enhance cultural awareness, and celebrate diversity. The White Lion Dance performance will likely draw a wide audience, including families, students, and members of various community organizations.
FISCAL IMPACT
The contributions would come from the Community Enhancement budget unit. 32 Item 3.
ACTION REQUESTED –
APPROVE A $600.00 CONTRIBUTION FROM THE COMMUNITY ENHANCEMENT
BUDGET UNIT TO SUPPORT THE HIRING OF THE WHITE LION DANCERS FOR THE CHINESE NEW YEAR CELEBRATION.
ATTACHMENTS
Request from Ann Chamberlain
33 Item 3.
34 Item 3.
35 Item 3.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, CITY ENGINEER
RE: STREETLIGHT DATA SOFTWARE SUBSCRIPTION
DATE: NOVEMBER 19, 2024
SUMMARY
The City Council shall consider approving an annual subscription agreement to StreetLight Data to provide City traffic related data.
DISCUSSION
The issue of speeding in our city has become increasingly concerning, impacting both safety and quality of life for residents. Addressing this challenge requires a comprehensive understanding of traffic patterns and behaviors. StreetLight data may be a solution for gathering the necessary information to inform our decisions on where to invest the City’s capital improvement dollars.
StreetLight data offers a sophisticated approach to traffic analysis by leveraging anonymized location data from mobile devices. This technology allows us to gain insights into vehicle movements, including speed, frequency, and time of day, across various streets and neighborhoods. By harnessing this data, we can identify hotspots for speeding and analyze trends over time, which will be crucial for targeted interventions.
Moreover, the data provides a more comprehensive view of overall traffic conditions, enabling us to assess not only where speeding occurs but also how traffic patterns may shift due to infrastructure changes or other factors. This insight is vital for making informed, data-driven decisions about where to allocate resources for improvements, such as additional signage, speed humps, or road redesigns.
Utilizing StreetLight data can also support our efforts to enhance community engagement by providing transparent, empirical evidence of traffic issues. By sharing this data with residents, we can foster a collaborative environment where the community understands the rationale behind our capital improvement strategies.
36 Item 4.
Integrating StreetLight data into our traffic management and capital improvement planning will empower us to tackle the speeding issue more effectively while ensuring that our decisions are grounded in accurate, actionable data. This approach not only addresses immediate safety concerns but also lays the foundation for sustainable traffic management practices moving forward.
InSight
Packages Option 1: Safety Data Essentials Option 2: Cities Package Option 3: Premium Planning Solutions Metrics
Network Performance (Speed,
Volume, Congestion, Travel
time, VMT, etc.)
Network Performance,
Turning Movement Counts,
Network Origin-Destination
Option 2 + Top Routes, Home
& Work locations, Historic
Active Transportation (Bike &
Ped), Truck (Heavy Weight),
Historic Transit (Bus & Rail)
Sales Price $5,250 / annually $19,999 / annually $29,999 / annually
FISCAL IMPACT
$30,999 in Year One, then $29,999 annually from the Traffic Impact Fee fund thereafter.
Year One includes $1,000 for software training.
ACTION REQUESTED -
Approve an annual subscription agreement to StreetLight data (Premium Planning Solutions) in the amount of $30,999 and authorize staff to sign.
ATTACHMENTS
StreetLight Proposal
37 Item 4.
Proprietary and Confidential
StreetLight Proposal for
City of Oroville, California
Proposed by:
StreetLight Data, Inc.
Conor Emser, Account Executive, Cities
[email protected]
440-241-8329
38 Item 4.
2 Proprietary and Confidential
ABOUT STREETLIGHT
StreetLight Data, Inc. (“StreetLight”) pioneered the use of Big Data analytics to shed light on how people, goods, and services move, empowering smarter, data-driven transportation decisions.
StreetLight applies proprietary machine-learning algorithms and its vast data processing resources to measure travel patterns of vehicles, bicycles and pedestrians, accessible as analytics on the interactive StreetLight InSight® SaaS platform. Acquired by Jacobs as a subsidiary in February 2022, StreetLight provides innovative digital solutions to help communities reduce congestion, improve safe and equitable transportation, and maximize the positive impact of infrastructure investment.
Trusted by transportation agencies since 2011
With projects in 48 U.S. states and all 10 Canadian provinces, our Metrics have been used and validated by hundreds of public agencies, transportation consulting firms, and private companies. In addition, several state transportation agencies, MPOs and large cities, including Virginia DOT, Ohio DOT, Minnesota DOT, Washington State DOT, Maine DOT, Los Angeles DOT, and New York City DOT, have software-as-a-service subscriptions that allow them to run an unlimited number of analyses within their geography.
39 Item 4.
3 Proprietary and Confidential
What sets StreetLight apart
Industry-leading Big Data Sources: With over 10 years of history, StreetLight has the most robust historical data foundation and an unmatched empirical understanding of mobility. With a long history of routinely evaluating, benchmarking and picking the most reliable data sources, we have built a repository of several hundred sources that contribute to our Route Science® engine.
On-demand Software - get quick access to data that makes decisions better: The software-as-aservice subscription model allows your organization to run an unlimited number of analyses within your geography without incremental costs, making it affordable to collect data regularly and to study behavior changes over time. The easy-to-use software platform allows your team to independently run their own analytics on demand with specific, customized parameters (i.e., type of day, time of day, bicycle or vehicle trips, etc.). You can also prove out the efficacy of projects with data-driven insights to justify your decisions and demonstrate impact.
StreetLight’s leading mobility analytics solution enables transportation professionals to:
Measure transportation at any level of spatial and temporal granularity.
Access mission-specific tools, purpose-built by transportation experts and tailored to your team’s biggest needs.
Leverage the deepest repository of mobility data in the marketplace – and new data sources as they emerge.
Trust that we are going to be around for the long-run – part of Jacobs, a trusted partner to the public sector for decades.
Use the most widely adopted transportation platform, validated by agencies nationwide. 40 Item 4.
4 Proprietary and Confidential
Big data intelligence means accurate insights without months of data collection It begins with Big Data
Every month, StreetLight
ingests, indexes, and processes
vast amounts of location data
from connected devices and
connected vehicles, then adds
context from numerous other
sources like parcel data and
digital road network data – to
develop a view into North
America’s complex network of
roads, bike lanes and
sidewalks.
Route Science®, more
data, and validation
Next, StreetLight’s proprietary
data processing engine, Route
Science®, algorithmically
transforms trillions of location
data points over time into
contextualized, aggregated,
and normalized travel patterns.
StreetLight validates them
using thousands of traffic
counters and embedded
sensors.
Metrics for millions of
roads and census blocks
Route Science® then
normalizes and aggregates the
data into analytics, delivering
unique insights into how
vehicles, trucks, bicycles,
pedestrians, buses, and more
move throughout the
transportation network.
Accessible via StreetLight
InSight®, the world’s first ondemand web platform for
transportation, users can
analyze, visualize, and compare
travel patterns at multiple
spatial levels.
41 Item 4.
5 Proprietary and Confidential
STREETLIGHT SUBSCRIPTION
Cities Subscription
This proposal details an annual subscription for City of Oroville to StreetLight InSight®. Cities Subscription allows you to run an unlimited number of StreetLight InSight® analyses during the year within the limited geographic region1 around the city. Use will be subject to a standard StreetLight End User License Agreement.
Planning Solutions Features Included Modes Included
Cities Package Network Performance, Turning Movement Counts, Network Origin-Destination
All Vehicles
Subscription Fee
Cities Subscription Fees are dependent upon the type of Solutions Packages (made up of specific StreetLight Metrics and modes) and the number of Traffic Analysis Zones (TAZs)2 within a region. For this proposal, Cities of Oroville region is assumed to be made up of 18 TAZs.
Customer is responsible for all applicable taxes. Subscription fees are payable at time of purchase.
This quote is valid until 11/29/2024.
1 City of Oroville, CA will be limited to running analyses for trips that start, end, or pass through the city with a 0.5 mile buffer 2 TAZ is defined as U.S. Census Traffic Analysis Zone
3 User Seats include up to [x] staff members or consultants who will be allowed access to the web application Annual Subscription Fee
ITEMS COST
SUBSCRIPTION
Planning Solutions – Cities Package
Cities Package: Network Performance, Turning
Movement Counts, Network Origin-Destination
$19,999
Active Transportation Mode Add-on Bike & Pedestrian Data $10,000
ADDITIONAL ITEMS
PREMIUM TRAINING
Fundamental Concepts: 60-minute use-case driven 1
on 1 virtual training
$1,000
ACCESS
USER SEATS3 10 Included
TOTAL $30,999
All subscriptions include*:
Interactive dashboard
Project sample size
Time period settings including Day Types, Day Parts, Monthly Data Period, 15-minute bin day parts Standard Support, eLearning Training Portal and live trainings, Help Center *where applicable
42 Item 4.
6 Proprietary and Confidential
OTHER STREETLIGHT SOLUTIONS
MORE SOLUTIONS
Safety Solutions: Prioritize tool
StreetLight ‘s Safety Solutions tool, Prioritize, combines data-driven analytics and industry expertise to prioritize the right safety improvements. This product includes custom bespoke dashboards that span from visualizing huge amounts of data on crashes and volume to producing contextualized countermeasures to address your highest safety concerns. Key dashboards can include:
• Crash Data Viewer: Integrated data from a variety of novel and traditional sources (crashes, connected vehicles, etc.) that visualizes, filters, and summarizes digitized crash records. • Equity Layers: Equity layers to review for alignment with Justice40 for enhanced funding opportunities.
43 Item 4.
7 Proprietary and Confidential
• Safety Improvement
Metrics and Vulnerable
Road User Index:
Heatmaps of locations
with high potential for
boosting safety and areas
over-indexing on
vulnerable road users.
• Network Screening:
Comprehensive and
transparent regression
analysis to screen your network and pinpoint safety hotspots. • Countermeasure Treatments: Interactive selection process, including cost-benefit analysis, for more informed countermeasure diagnosis.
• Measuring Effectiveness: Continuous monitoring of safety treatment effectiveness by integrating existing project locations and before/after crash analysis.
Operations Solutions: New Traffic Monitor product
Reduce the headache that comes from traffic disruptions with instant access to real-time transportation insights directly from your computer. StreetLight provides a comprehensive solution for pinpointing and mitigating traffic disruptions with traffic pattern insights on any roads – without installing sensors.
The Traffic Monitor product provides insights to help with the following:
• Plan smart: View traffic patterns on all roads to optimize for the most efficient detours and closure windows before disruptions.
• Make real-time adjustments: Dynamically manage traffic and build targeted communication during disruptions with real-time traffic flows.
• Analyze post-disruption: Evaluate travel patterns to understand successes, failures for better future planning.
44 Item 4.
8 Proprietary and Confidential
Climate Solutions: GHG Measurement product
StreetLight provides easy access to recent, validated, empirical data to establish reliable GHG baselines and communicate with the public. This includes a GHG data set that breaks out trip type (internal-internal, external-external, etc.) and vehicle type (vehicle, truck, EV avoided emissions) to see the full picture of what drives emissions. In addition, we provide different methodologies that analyze GHG within your jurisdiction or GHG from induced activity to ensure that you are measuring what your region can actually control.
45 Item 4.
9 Proprietary and Confidential
CUSTOMER CARE OFFERINGS
Self-paced Onboarding & Training
All users will have access to on-demand eLearning courses and live sessions via the StreetLight Training Portal, as well as in-app guidance. The guided eLearning courses include customized learning paths that introduce users to specific topics in bite-sized units, while the interactive live trainings offer in-depth group training sessions that tackle fundamentals, tips and tricks, and more advanced topics. StreetLight experts also regularly host Instructor Led Trainings on special topics open to all users.
Standard Support & Help Center
All users will have access to the StreetLight Help Center, a comprehensive online resource with 250+ articles that feature FAQs, best practices, tips and tricks, and more. StreetLight’s Support Team is also available to answer questions users have on a day-to-day basis. The Support Team can be contacted via a Help Center form, and team members are available during normal business hours across all time zones in Continental North America. Standard Support initial response times are up to one business day.
Customers that prefer rapid responses and prioritized tickets can consider StreetLight’s Premium Support offering as detailed below.
StreetLight Summit and User Group Meetings
StreetLight holds User Group Meetings and a virtual StreetLight Summit. These events provide opportunities for users from across different public agencies and engineering firms to present use cases and share examples about lessons learned from use of the StreetLight InSight® software. Training sessions, product roadmap “sneak peeks,” and feedback sessions also occur. 46 Item 4.
10 Proprietary and Confidential
Add-Ons
Our priority is your success utilizing StreetLight to get quick access to quality data-driven insights. In addition to the standard support and resources above, we also provide add-on Services, Customer Care and Product options to help accelerate your agency’s time to value.
Services
For solutions that require custom implementation support or analysis with customized parameters not included in the StreetLight InSight® platform, StreetLight’s Services team can provide you with Big Data experts to get powerful custom transportation analytics or implementation services to support your staff or uplevel your project reports. Options include:
Premium Customer Care
Premium Training
With Premium Training, fast-track your organization’s StreetLight journey with customized training to make the most of the platform right away. This includes instructor-led private training sessions tailored to meet users unique needs, real-time expert guidance where you can ask questions and engage with expert instructors for a more interactive learning experience to help your organization master key concepts to swiftly unlock the full value of your subscription. Organizations can select from the following training options — Fundamental Concepts, Advanced Concepts, Custom Training, and On-Site Full-Day Workshops — depending on if they are looking to select from existing use cases or need something more tailored to your organization and geographical needs.
On-Site Training Workshop
This is an all-day (8 hours, with a break for lunch) event for users on-site at an agency location. The workshop will be led by two StreetLight instructors. The focus is on teaching users how to achieve specific use cases using the StreetLight InSight® platform customized to the agency’s geography and 47 Item 4.
11 Proprietary and Confidential
key projects. The event includes a “labs” portion with hand-on exercises for attendees. Attendee limitations only based on meeting space available at the agency’s location.
Premium Support
Premium Support allows your agency to get top-tier attention with advanced support and our fastest response times so you can focus on managing transportation. Includes direct access to a highly trained dedicated technical expert that ensures high quality coverage for all issues and faster response time and follow-up with prioritized case management (up to 4 hours during Support hours of 8am – 8pm ET, Monday - Friday), helping you get resolved issues prioritized faster to continue working on key projects. 48 Item 4.
12 Proprietary and Confidential
APPENDIX: GLOSSARY OF STREETLIGHT TERMS
Analysis: A “run” or “query” within StreetLight InSight®. The user selects zones, a project type, and project options for each project, then runs the project by clicking “confirm.
Analysis Options: Available for most project types. These allow the user to configure options, such as day parts, day types, or data source, before running an analysis.
Commercial Vehicle Segmentation: Medium-Duty Trucks = 14,000 – 26,000 lbs., Heavy-Duty Trucks > 26,000 lbs.
Core Transportation Behavior Metrics: They include Origin-Destination, Origin-Destination with Middle Filter, Origin-Destination with Preset Geographies, Zone Analysis, Trip Attributes, Traveler Attributes, and Home and Work Locations.
Data Period: Months to analyze. Availability of data periods may vary based on mode of travel.
Day Part: Grouping of hours-of-the-day for an analysis. 15-minute bin day parts are available to analyze more granular metrics. If defaults are not appropriate, users can customize these values.
Day Type: Grouping of days-of-the-week for an analysis. If defaults are not appropriate, users can customize these values.
Free Flow Speed: The maximum Average Segment Speed in any one hour of the day in the data period.
Home and Work Locations: Inferred probable home and work locations for composite groups of people aggregated to 1km X 1km grids, Census Block Groups, ZIP Codes, metropolitan areas, and states.
Intersection: Contains three or fours “gates” that serve as zones. This is only available in the Turning Movement Counts analysis type.
Network Performance: Analysis that includes segment-level metrics, including VMT, VHD, Congestion/Free Flow Factor, Speed Percentiles and volume. View metrics by directionality and for custom-defined data periods.
Origin-Destination Matrix: Relative volume and average travel time of commercial and personal trips between origin and destination zones. Users may enter both origins and destinations of their choice or use a standard geography such as “all ZIP Codes.” Origin-Destination through Middle Filters (combine with O-D for Routing): Relative volume and average travel time of trips that pass through middle-filter zones, or links, when traveling between origin and destination zones.
Peak Hour Factor: Compares the busiest 15-minutes to the average 15-minute volume during the peak hour, indicating how consistent traffic volume is during the peak hour.
QuickViews: User-friendly tools with guided steps to scan geographies at scale, visualize macro-level trends, and easily share summarized results with stakeholders.
Segment Analysis: Provides the relative volume, speed percentiles including 85th percentile, average speed, travel time, VMT/VKT, vehicle hours of delay (VHD), and free flow speed of trips through corridors.
Specific Date: The ability to run single days as an analysis or different “collections” of days as a new day type. This feature also allows you to exclude certain days.
StreetLight AADT: Estimate of average annual daily traffic in 2022 (U.S.). You can also access historic AADT from 2017, 2018, 2019, 2020, and 2021. (Note: This Metric is provided as an estimated count based on 365 days of data.) StreetLight AADT Metric provides year-over-year comparability across the 2019-2022 data periods.
Top Routes Analysis: Identifies the road segments with the most traffic between selected origin and destination zones or traveling to or from a single zone.
Traveler Attributes: Inferred Trip purpose (Home-, Work-, or Other-based combinations), Demographics of Travelers (Race/Ethnicity, Foreign Born, Limited English Proficiency, Disability Status, Education Status, Household Income, Household Size/Family Status, 49 Item 4.
13 Proprietary and Confidential
Housing Tenure, Units in Structure, Vehicle Ownership).
Turning Movement Counts: Provides intersection volumes with 15-minute granularity, Peak Hour Factor, Peak AM/PM Metrics, and more.
Trip Attributes: Travel time, trip length, trip speed, trip circuity. Trip Attributes Metrics are provided as an average and as a distribution of values into customizable bins.
Trip Circuity: The average and distribution of circuity for trips between zones, or at a zone. Circuity is defined as (length of trip) / (crow’s flight distance between start and end point).
Travel Time (seconds): The average and distribution trip time in seconds for trips between zones, or at a zone.
Trip Length (miles): The average and distribution trip length in miles for trips between zones, or at a zone.
Trip Speed (mph): The average trip and distribution speed in miles per hour for trips between zones, or at a zone.
Trips to or from Preset Geography Analysis: Origin-Destination by ZIP Code, Census Block Group, or Census TAZs, to a corresponding set of zones. This analysis type is ideal if you don’t know your full zone matrix, and instead want to see how a set of zones relates to standard geographies.
Vehicle Hours of Delay (VHD): Is a measure of congestion and is calculated as the estimate of hours of travel in free flow speed subtracted from the hours of travel in congested speed.
VHD = (VMT/Congested Speed (Average Segment Speed) [MPH]) - (VMT / Free Flow Speed [MPH]) Vehicle Miles of Travel (VMT): It is a measure of highway travel demand and is calculated as the number of vehicles using a segment of highway multiplied by the length of the highway. Also, measured from trip metrics by multiplying the trips between Origins and Destinations by the average trip length of the trips.
Zone Activity Analysis: Relative volume of trips that originate in, have destinations in, or pass through each zone analyzed.
Zone Library: The Zone Library is a feature that lets you choose zones you want to analyze from a map without having to draw or upload zones into zone sets. This includes OSM Line Segments, Standard Areas (U.S. Zip Codes, U.S. Census Block Groups, U.S. Traffic Analysis Zones, U.S. Census Tracts, U.S. Cities and Counties, Canada Dissemination Areas, Canada Census Tracts, Canada Census Subdivisions), and Rail (Rail Agencies, Rail Lines, Rail Line Segments, and Rail Stations).
Zone Traffic: StreetLight trip value representing the volume of all trips at a zone. Depending on whether the zone is pass-through or not, this will represent trips that pass through the zone, or trips that start or end in the zone. 50 Item 4.
14 Proprietary and Confidential
51 Item 4.
15 Proprietary and Confidential
52 Item 4.
16 Proprietary and Confidential
53 Item 4.
54 Item 4.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: PUBLIC SAFETY FACILITY MAINTENANCE
DATE:
NOVEMBER 19, 2024
SUMMARY:
The Council will consider authorizing the payment for necessary facility maintenance projects made at the Public Safey Facility over the last five months.
DISCUSSION:
Over the past 5 months the Police Department has had maintenance work done to various areas of the Public Safety Facility to improve the general appearance and repair old and damaged areas. These areas where maintenance has occurred includes the following:
Striping of the parking lot to designate parking spaces, handicap accessible pathway, curb markings, and gate triggering target area. The striping had become worn, was fading and becoming challenging to see. Planter and hardscape debris removal, general clean out of hardscape areas, tree stump removal, tree removal of trees grown through fencing and disrupting the fence and asphalt. The planter and hardscape areas had not been cleaned of debris for many years and had become overgrown and full of fecal matter from various animals. Trees had grown from old stumps that were not removed when the tree was originally removed, the stumps had grown shoots through the fence and grown around the wire damaging the fence. The stumps had grown roots that were beginning push up the asphalt and damage it as well. Power washing of the cement approach to the building in front and rear of the facility was to clean the area, it had become very dirty due to heavy traffic in and out of the facility.
The perimeter fencing had old and badly damaged red wood privacy slats.
Large portions were missing, and the other areas had been damaged over several years. The slats provided no privacy allowing a clear line of sight into 55 Item 5.
the rear area of the Public Safety Facility. It was necessary to remove the old and badly damaged privacy slats and replace them.
Other work included general weed removal and clean up of planters on a regular basis.
These projects were completed by Butte Community service. Butte Community Service was selected due to the existing working relationship with the City that exists via the Clean Streets Grant. Butte Community Service regularly works with City Works on various projects with Code Enforcement. Butte Community Service had the necessary equipment and workforce available to accomplish the task in a timely manner. Butte Community Service rate is $50.00 per man per hour. This hourly rate is all inclusive.
The cost of these projects exceeded the spending authority of the Department. The total cost for the completion of these projects including materials is $22,205.24. The necessary materials included paint, painting supplies, landscaping rock material, weed barrier, stump and tree removal equipment, new PVC fencing privacy slats were $9,055.24, staff has previously paid for materials necessary for these projects. These projects took 2 men 131.5 hours total to complete for a total of $13,150.00.
The funding for this project will come from the operational budget of the Police Department.
FISCAL IMPACT:
$22,205.24 will come from the operational budget of the Police Department.
RECOMMENDATION:
Authorize the payment of services to Butte Community Service in an amount not to exceed $13,150.00
56 Item 5.
57 Item 5.
58 Item 5.
59 Item 5.
60 Item 5.
61 Item 5.
62 Item 5.
63 Item 5.
64 Item 5.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: AGREEMENT WITH CLEANRITE-BUILDRITE FOR REPAIRS AND
WATER BARRIER TO BE COMPLETED AT CITY HALL IN THE
BASEMENT
DATE: NOVEMBER 19, 2024
SUMMARY
The City Council may consider authorizing the execution of an agreement with CleanRiteBuildRite for construction services for the basement located at Oroville City Hall (1735 Montgomery Street).
DISCUSSION
The City has contacted CleanRite-BuildRite to perform mold remediation services in the City Hall basement located at 1735 Montgomery Street. The proposed work includes repairing damaged windows, sealing window frames, installing a new moisture barrier, adding a sump pump, and properly decommissioning the original window wells. These upgrades are designed to prevent future mold issues by addressing leaks and rainwater infiltration through the concrete walls. The improvements will enhance water drainage from the basement and ensure a watertight seal around the windows and window wells.
The construction cost will not exceed $140,000.
FISCAL IMPACT
Not to exceed $140,000 to be funded from the Contingency fund – requires 5/7 approval.
ACTION REQUESTED -
Authorize the Director of Public Works to execute an agreement with CleanRite-BuildRite for the required construction and repair of existing window well and water barrier for the City Hall basement located at 1735 Montgomery Street, Oroville, CA. Action requires 5/7 approval.
65 Item 6.
ATTACHMENTS
Quote for Repairs Services of City Hall Basement.
66 Item 6.
CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
Insured: City of Oroville Business: (916) 705-8007
Property: 1735 Montgomery St.
Oroville, CA 95965
Claim Rep.: None
Estimator: Jim Ackerman-775-422-4423 Business: (775) 433-4423 Company: CRBR - Cleanrite Buildrite (Reno)
Business: 2684 Hwy 32, Suite 100
Chico, CA 95926
Contractor: Business: (530) 891-0333
Company: CRBR - Cleanrite Buildrite
Business: 2684 Hwy 32, Suite 100
Chico, CA 95926
Claim Number: XXXXXXXXXXXX Policy Number: YYYYYYYYYYYY Type of Loss: Other Coverage Deductible Policy Limit
Dwelling $0.00 $0.00
Other Structures $0.00 $0.00
Contents $0.00 $0.00
Date Contacted: 11/1/2024 10:00 AM
Date of Loss: 10/7/2024 12:15 PM Date Received: 10/7/2024 12:15 PM Date Inspected: 11/1/2024 10:00 AM Date Entered: 11/1/2024 10:52 AM Price List: CAREX1CRREDDINGPW Depreciate Material: Yes Depreciate O&P: No Depreciate Non-material: Yes Depreciate Taxes: Yes
Depreciate Removal: No
Restoration/Service/Remodel
Estimate: CJC-9518-3-REPAIRS
67 Item 6.
CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
CJC-9518-3-REPAIRS 11/1/2024 Page: 2
Repair Estimate
This was inspected for damages due to foundation and rain conductor drainage issue.
This estimate is for repairs as stated. Addition repairs may be need to be completed over and above this scope of work if hidden damage is found upon demolition of exterior surfaces. Dry rot damage or required code upgrades are not included in this estimate. These repairs can be done with owners approval.
If you have any questions or concerns please feel free to call me at anytime.
Sincerely
Jim Ackerman, Manager Large Loss Estimator
CRBR
775-433-4423
[email protected]
68 Item 6.
3 CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
CJC-9518-3-REPAIRS 11/1/2024 Page: 3
CJC-9518-3-REPAIRS
Exterior
CAT SEL ACT DESCRIPTION
CALC QTY REMOVE REPLACE TAX O&P TOTAL
Excavating Activities
1. EXC TRHOE + Trackhoe/excavator and operator
8*4 32.00 HR 0.00+ 169.50 = 0.00 1,356.00 6,780.00
2. EXC EXC + Building foundation excavation
(56*4*4)/27 33.19 CY 0.00+ 12.30 = 0.00 102.06 510.30
3. EXC GRAV + Gravel (per CY)
30 30.00 CY 0.00+ 47.00 = 116.33 381.58 1,907.91
4. EXC BFH + Backfill by hand - No compaction
25 25.00 CY 0.00+ 29.78 = 0.00 186.12 930.62
5. EXC EXCH + Excavate by hand
25 25.00 CY 0.00+ 74.45 = 0.00 465.32 2,326.57
6. EQU SKID + Skid steer loader and operator
8*4 32.00 HR 0.00+ 116.03 = 0.00 928.24 4,641.20
7. EXC BKFL + Backfill foundations
56*2 112.00 LF 0.00+ 5.19 = 0.00 145.32 726.60
8. EXC DTRUK + Dump truck and operator
8*3 24.00 HR [*] 0.00+ 107.71 = 0.00 646.26 3,231.30
9. EXC SAND + Bedding sand
20 20.00 CY 0.00+ 39.91 = 53.84 213.02 1,065.06
10. PLM DRNF + Foundation drainage system - French drain & drainage mat 56*2 112.00 LF 0.00+ 32.04 = 176.85 941.34 4,706.67
Concrete Activities
11. CNC SAWSL + Concrete cutting - slab (per LF per inch of saw depth) 55*6*2+8*6*6 948.00 LF 0.00+ 3.07 = 0.00 727.60 3,637.96
12. CNC SL6 & R&R Concrete slab on grade -finished in place 75*10 750.00 SF 6.05+ 6.57 = 217.80 2,420.72 12,103.52
13. CNC RB4 + Steel rebar - #4 (1/2")
56*8 448.00 LF 0.00+ 1.61 = 30.68 188.00 939.96
14. CNC PUMP + Concrete pump truck (per hour)
16 16.00 HR 0.00+ 256.48 = 0.00 1,025.92 5,129.60
15. CNC PUMPCY + Additional concrete pumping fee - per CY of concrete 12 12.00 CY 0.00+ 3.25 = 3.22 10.56 52.78
16. CNC LABL + Concrete - General Laborer - per hour
16 16.00 HR 0.00+ 53.51 = 0.00 214.04 1,070.20
Electrical Activities
17. ELE LAB + Electrician - per hour
8*2 16.00 HR 0.00+ 106.63 = 0.00 426.52 2,132.60
Plumbing Activities
69 Item 6.
CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
CJC-9518-3-REPAIRS 11/1/2024 Page: 4
CONTINUED - Exterior
CAT SEL ACT DESCRIPTION
CALC QTY REMOVE REPLACE TAX O&P TOTAL
18. PLM LAB + Plumber - per hour
8*2*2 32.00 HR 0.00+ 124.73 = 0.00 997.84 4,989.20
19. PLM DRNP6 + Drain/Vent line - PVC pipe, 6"
120 120.00 LF 0.00+ 26.96 = 117.22 838.10 4,190.52
20. PLM CI8 + Pipe , 8"
75 75.00 LF 0.00+ 144.94 = 495.87 2,841.58 14,207.95
21. PLM MISC + 24 in. Square Catch Basin Kit with Black Grate 2 2.00 EA 0.00+ 1,255.41 = 84.93 648.94 3,244.69
22. PLM FLDCI> + Floor drain - 6"
2 2.00 EA 0.00+ 559.86 = 77.41 299.30 1,496.43
23. PLM CO6 + Sewer clean-out - 6" diameter
2 2.00 EA 0.00+ 286.72 = 23.36 149.20 746.00
24. PLM SLCAM + Sewer/drain line camera w/ operator
1 1.00 EA [*] 0.00+ 540.00 = 0.00 135.00 675.00
25. SFG GUTGB> & R&R Gutter / downspout - box - galvanized - 7" to 8" 30 30.00 LF 0.71+ 19.14 = 32.65 157.04 785.19
Masonry Activities
26. MPR DMEM + Waterproofing - sheet membrane
56*8 448.00 SF 0.00+ 4.09 = 31.05 465.84 2,329.21
27. MPR DMPR+ + Dampproofing - asphalt emulsion
56*8 448.00 SF 0.00+ 2.50 = 3.70 280.92 1,404.62
28. MAS BL12+ & R&R Block - in place - reinforced
3*3*2 18.00 SF 5.36+ 15.20 = 9.82 94.98 474.88
29. MAS LAB + Mason - Brick / Stone - per hour
2*8 16.00 HR 0.00+ 80.91 = 0.00 323.64 1,618.20
30. SPE WWELL> & R&R Window well - Metal - 64" wide
1 1.00 EA 35.52+ 278.90 = 16.17 82.64 413.23
31. SPE WWCL & R&R Window well cover locking mechanism
1 1.00 EA 10.65+ 61.56 = 3.80 19.02 95.03
32. MAS MISC + Additional
1 1.00 EA 0.00+ 1,500.00 = 50.74 387.68 1,938.42
Totals: Exterior 1,545.44 18,100.34 90,501.42
General
70 Item 6.
5 CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
CJC-9518-3-REPAIRS 11/1/2024 Page: 5
CAT SEL ACT DESCRIPTION
CALC QTY REMOVE REPLACE TAX O&P TOTAL
33. FEE TIPF + Taxes, insurance, permits & fees (Bid item) 1 1.00 EA OPEN ITEM
34. FEE ENG + Engineering fees (Bid Item)
1 1.00 EA OPEN ITEM
35. FEE MISC + Open and close street to connect to City Main 1 1.00 EA OPEN ITEM
36. CLN LABM + Cleaning Technician - incl. cleaning agent - per hour 2*5*3 30.00 HR 0.00+ 41.59 = 2.95 312.66 1,563.31
Continuous job site cleaning-Daily37. LAB SUPERC + Commercial Supervision / Project Management - per hour 30 30.00 HR 0.00+ 85.76 = 0.00 643.20 3,216.00
Dedicated supervisor, during course of work for estimated 3 months total to complete repairs.
38. TMP BWSU + Barricade and warning device - setup and takedown
1.5*5 7.50 HR 0.00+ 65.90 = 0.00 123.56 617.81
Labor to close off sidewalks, street, parking lot to allow for deliveries of material and construction work.
39. TMP FBMN + Barricade/warning sign/traffic cone - Min. equip. charge 12 12.00 EA 0.00+ 52.50 = 0.00 157.50 787.50
40. TMP CT + Caution tape
100 100.00 LF 0.00+ 0.11 = 0.08 2.78 13.86
41. TMP TLT + Temporary toilet (per month)
1 1.00 MO [*] 0.00+ 312.08 = 0.00 78.02 390.10
3 months
42. TMP HWS + Temporary hand washing station (per month) 1 1.00 MO 0.00+ 265.00 = 0.00 66.26 331.26
43. DMO PU - Haul debris - per pickup truck load - including dump fees 1 1.00 EA 184.35+ 0.00 = 0.00 46.08 230.43
For Final Clean up-Masking, boxes, debris, etc.
44. PLM PTD + Plumbing/drain line water pressure test
1 1.00 EA 0.00+ 607.45 = 0.00 151.86 759.31
Totals: General 3.03 1,581.92 7,909.58
Line Item Totals: CJC-9518-3-REPAIRS 1,548.47 19,682.26 98,411.00 Additional Charges Charge
Contingency 4,920.55
California Lumber Assessment Fee 0.63
Additional Charges Total $4,921.18
71 Item 6.
6 CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
CJC-9518-3-REPAIRS 11/1/2024 Page: 6
Summary for Dwelling
Line Item Total 77,180.27
Contingency 4,920.55
California Lumber Assessment Fee 0.63
Material Sales Tax 1,548.47
Subtotal 83,649.92
Overhead 10,456.28
Profit 10,456.28
Replacement Cost Value $104,562.48
Net Claim $104,562.48
Jim Ackerman-775-422-4423
72 Item 6.
CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
CJC-9518-3-REPAIRS 11/1/2024 Page: 7
Recap of Taxes, Overhead and Profit
Overhead (12.5%) Profit (12.5%) Material Sales Tax Storage Rental Tax (8.25%) (8.25%)
Line Items 9,841.13 9,841.13 1,548.47 0.00
Additional Charges 615.15 615.15 0.00 0.00
Total 10,456.28 10,456.28 1,548.47 0.00
73 Item 6.
8 CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
CJC-9518-3-REPAIRS 11/1/2024 Page: 8
Recap by Room
Estimate: CJC-9518-3-REPAIRS
Exterior 70,855.64 91.81%
General 6,324.63 8.19%
Subtotal of Areas 77,180.27 100.00%
Total 77,180.27 100.00%
74 Item 6.
9 CRBR Chico
2684 Hwy 32, Suite 100
Chico CA 95926
Phone 530-891-0333
CA Lic # 689238
CJC-9518-3-REPAIRS 11/1/2024 Page: 9
Recap by Category
O&P Items Total %
CLEANING 1,247.70 1.19%
CONCRETE & ASPHALT 13,557.98 12.97%
GENERAL DEMOLITION 4,885.80 4.67%
ELECTRICAL 1,706.08 1.63%
HEAVY EQUIPMENT 3,712.96 3.55%
EXCAVATION 13,812.51 13.21%
LABOR ONLY 2,572.80 2.46%
MASONRY 3,068.16 2.93%
MOISTURE PROTECTION 2,952.32 2.82%
PLUMBING 27,036.97 25.86%
SOFFIT, FASCIA, & GUTTER 574.20 0.55%
SPECIALTY ITEMS 340.46 0.33%
TEMPORARY REPAIRS 1,712.33 1.64%
O&P Items Subtotal 77,180.27 73.81%
Permits and Fees 4,921.18 4.71%
Material Sales Tax 1,548.47 1.48%
Overhead 10,456.28 10.00%
Profit 10,456.28 10.00%
Total 104,562.48 100.00%
75 Item 6.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: FIRE PROTECTION SERVICES UPDATE AND REQUEST FOR
CONTRACT EXTENSION WITH CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR FIRE
PROTECTION SERVICES
DATE: NOVEMBER 19, 2024
SUMMARY
The Council shall receive an update on fire protection services at the City and consider extending contract with CAL FIRE for fire protection services.
DISCUSSION
The City entered into an agreement with CAL FIRE in July of 2022 to provide fire protection personnel services for the City. The contract is for three years, scheduled to terminated on June 30, 2025. The agreement is for personnel services only, with the City continuing to provide facility, equipment and operational expenses. Prior to entering into the agreement with CalFire, the City of Oroville had its own City Fire Department which provided fire protection services.
With the existing contract terminating in June of 2025, staff is seeking direction regarding obtaining a new contract with CAL FIRE. Staff have put together a presentation sharing information on both models of fire protection services (City operated and contract with CAL FIRE). Both models have proven to provide the City with outstanding fire protection services. With the existing contract scheduled to terminate in approximately seven months, staff recommend a new contract be negotiated with CAL FIRE for continued fire protection services.
FISCAL IMPACT
New contract would be negotiated and brought back for Council approval.
RECOMMENDATION
76 Item 7.
Direct staff to work on three-year agreement with CAL FIRE for Fire Protection services.
ATTACHMENTS
Fire protection services analysis presentation.
77 Item 7.
Cooperative
Fire
Protection
Analysis
City of Oroville & CAL FIRE
Two Year Review
78 Item 7.
Agenda
1) Background Information
2) Staffing Summary
3) Service Analysis
4) Cost Analysis
5) Next Steps
79 Item 7.
Introduction
• City contracts with CAL FIRE for fire protection personnel services (operational expenses, vehicles, facilities are separate). • Contract with CAL FIRE for fire protection personnel services terminates on June 30, 2025.
• Both models, Oroville Fire Department (OFD) and CAL FIRE have provided effective fire protection services to the Community. • Presentation is designed to factually show some of the differences between these two models.
• Presentation isn’t designed to say one model is better than the other.
• Staff will be seeking direction regarding how the Council would like to proceed with future fire protection services for the City. 80 Item 7.
Staffing Summary
81 Item 7.
Staffing Summary
Staffing Summary
• Both models (OFD and CAL FIRE) have provided similar staffing with regard to numbers (18 fire fighter personnel)
• Dispatch services moved from the City to the State (reduction of 2 City FTE’s)
• Two apparatuses have been staffed in both models (1 Engine and 1 truck)
• OFD had a 56-hour workweek, while CAL FIRE has utilized a 72- hour work week (resulting in an increase in available staff hours) • These additional hours have provided the City with 3 staff per apparatus with CAL FIRE vs. 2 staff per apparatus with OFD 82 Item 7.
Staffing Summary
Staffing Summary Continued
• CAL FIRE will be moving to a 66-hour work week later in November this year.
• This change / reduction in hours worked will require 3 additional fire personnel to meet current schedule
• It is believed that the State will eventually move to a 56-hour workweek within the next 3-5 years.
• Moving from a 66-hour workweek to a 56-hour workweek will NOT result in the need for additional staff based on current model of staffing two engines (the addition of 3 staff for the current 66-hour change will provide sufficient staff).
83 Item 7.
Staffing Summary
Staffing Summary Continued
• City recently contracted with CAL FIRE for essential maintenance of fire vehicles.
• This is a new cost related to staffing demands in Public Works. • Fire Marshall duties and weed abatement duties have shifted to the City in the transition to CAL FIRE.
• City looking into enhancing current Fire Marshall capacity. • Recruitment, collective bargaining, personnel matters have shifted to the State.
• Absences are covered immediately by other State fire personnel. 84 Item 7.
Service Analysis
85 Item 7.
Service Analysis - OFD
86 Item 7.
Service Benefits
01 02
03 04
Familiarization of City
A City fire department operates under the direct authority of the City government, allowing for greater control over staffing (ie. 2 vs. 3 per engine), qualifications, operations, and budgeting. This can lead to a more customized Department.
Local City firefighters may be more familiar with the City’s specific layout, hazards, and challenges. They also may be more familiar with City administrative / operational services
A City run fire department has more flexibility to focus on specific local needs such as urban firefighting, hazardous materials response, medical emergencies (EMT), Fire Marshal duties, annual fire inspections, weed abatement and specific request by City staff.
Oroville Fire Department
While establishing and maintaining a local fire department may have high upfront costs, Cities may see some long-term financial benefits from keeping control over their resources, hiring local personnel, and managing their own operations efficiently. 05 Administrative
City ran fire departments may be able to
streamline decision making processes. With local
leadership directly overseeing the department,
there’s less bureaucracy compared to a larger
department run or contracted service. This could
lead to quicker decisions on staffing, budget
adjustments, and operational changes.
Local Control
Specialized Services
Economic Benefits
87 Item 7.
Service Analysis – CAL FIRE
88 Item 7.
Operational Benefits
01 02
03 04
Access to additional Resources
Extension of Resources
Enhancement of Response
Provides a timelier depth of Statewide resources, this allows access to a robust response system – CAL FIRE/Butte County Fire Engines, Bull Dozers, Hand Crews, Aircraft.
The City of Oroville receives automatic closest resource regardless of jurisdictional boundaries.
Provides enhance response to large scale or simultaneous incidents.
Cooperative Fire Protection Agreement
Additional Support
The City of Oroville receives support from countywide cooperative fire protection programs- includes Training and Safety Bureau, Public Information Officer Services.
05 Interagency Teams
Countywide interagency specialty teams including _
Rope Rescue, Water Rescue, Hazardous Materials
Team.
06 Centralization
The cooperative agreement also provides
a centralized dispatch center for 911
intake and dispatching. 89
Item 7.
Recruitment and retention is no longer City responsibility Administrative Benefits
Cooperative Fire Protection Agreement
Pension liability is no longer City’s direct responsibility (costs included in contract)
Elimination of worker’s compensation liability for the City Options to consolidate resources for future cost saving City is no longer responsible for labor negotiations
CALFIRE strives to maintain the Oroville Fire identity
90 Item 7.
Cost Analysis
91 Item 7.
SIX-YEAR EXPENSE EVALUATION
$3,841,265
$4,178,418
$4,821,750
$5,265,450
$5,524,415
$6,031,753
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
2019/20 OFD 2020/21 OFD 2021/22 OFD 2022/23 CalFire 2023/24 CalFire 2024/25 CalFire (estimate with 7 months of 66 hour
increase)
Annual Fire Service Costs
Annual Fire Service Costs
92 Item 7.
PAY COMPARISON
2021 / 22 OFD Chico Fire – July
14, 2024
Difference
Fire Fighter $22.04 $32.26 46.3%
Engineer $24.24 $37.36 54.1%
Lieutenant $25.45 $43.25 69.9%
Captain $28.47 $43.25 51.9%
**2% @ 50 **3% @ 50 Avg. 55.55%
93 Item 7.
SIX-YEAR EXPENSE EVALUATION
$3,841,265
$4,178,418
$4,821,750
$5,265,450
$5,524,415
$6,031,753
$5,220,451
$5,401,673
$5,668,646
$0
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
2019/20 OFD 2020/21 OFD 2021/22 OFD 2022/23 CalFire 2023/24 CalFire 2024/25 CalFire (estimate with 7 months of 66 hour
Actual Fire Costs OFD Projected (43.5%/5%/7%) increase) 94 Item 7.
Cost Analysis Summary
Cost Analysis Summary
• There are many nuances associated with compensation – and assumptions made in developing predicted costs.
• Some key variables to consider:
• Either model – costs will / are rising.
• With an OFD model – the City would certainly need to keep pace with neighboring communities to remain competitive. • With a CAL FIRE model – the City is subject to State bargain rates.
95 Item 7.
Cost Analysis Summary (continued)
Cost Analysis Summary
• Contract with CAL FIRE includes pension costs (both ongoing and the unfunded portion for current fire personnel)
• City continues to “own” previous OFD unfunded pension obligations. Costs associated with personnel going forward are the obligation of the State / included in the cost the State charges.
96 Item 7.
Questions - Next Steps
Direction
• Work on new agreement with CAL FIRE for Fire Protection services. • Current contract terms in June of 2025
• Options
• Direct staff to work on three-year agreement
• Changes Council would like to see in agreement:
• Require all City staff to hold current EMT
• State preliminary benefit rates come out in January
• Discuss long term desires of Council
97 Item 7.
Questions - Next Steps
98 Item 7.
Questions - Next Steps
99 Item 7.
100
Item 7.
101
Item 7.
102
Item 7.
103
Item 7.
104
Item 7.
105
Item 7.
106
Item 7.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
KRISTINA HEREDIA, ASSOCIATE PLANNER
RE: APPEAL OF THE SEPTEMBER 26, 2024, DECISION OF THE
PLANNING COMMISSION TO APPROVE THE GOLD CREEK
COMMONS TENTATIVE SUBDIVISION MAP
DATE: NOVEMBER 19, 2024
SUMMARY
The Council shall conduct a public hearing and consider an appeal of the Oroville Planning Commission’s September 26, 2024, decision to approve the Gold Creek Commons Tentative Subdivision Map, TSM24-01, which will subdivide two existing parcels totaling
7.04 acres, identified as APN 013-160-054 and APN 035-450-014 off Lincoln Street between Mitchell Avenue and Oroville Dam Blvd E, into 11 parcels for the purpose of a mixed-use development.
Per Oroville Municipal Code (OMC) Chapter 16.04.060 an appeal of a Planning Commission decision must be heard no later than 60 days from receipt of the request, which was received on October 4, 2024.
DISCUSSION
Planning Commission
During the September 26, 2024, regularly scheduled Planning Commission meeting, the Planning Commission conducted a public hearing to consider an application for a Tentative Subdivision Map (TSM) for the Gold Creek Commons mixed-use development (Gold Creek). The subdivision would divide two existing parcels into 10 condominium parcels and a large remainder parcel which would contain the development’s open space and off-street parking (Attachment 1).
Gold Creek and PCP have previously held discussions regarding the potential conflicts that could arise from having residential units in close proximity to industrial uses. Activities of 107
Item 8.
PCPs operations such as noise and odor could cause discomfort for future residences; therefore, PCP and Gold Creek worked together to amend the original subdivision design by removing three, 3-story residential buildings that would have been located directly adjacent to, and overlooking, the City owned parcel. Gold Creek added treed landscaping to their west property line to further act as a buffer between the two uses, and they also added a section to their Codes, Covenants, and Restrictions (CC&R) recognizing that PCP was an existing land use, and that residents are to be made aware of PCPs operations (Attachment 3).
Before approving the Tentative Subdivision Map (TSM) the Planning Commission considered all criteria (per OMC 16.12.020.F) necessary to approve a TSM and made the following findings based on those criteria:
1. The proposed subdivision is consistent with the General Plan and/or applicable specific plans.
a. The subdivision is zoned Mixed-Use Corridor (MXC) with a General Plan Land Use Designation of Mixed Use. The proposed development is a mixed-use development and is consistent with the Zoning Map and General Plan.
2. The site is physically suitable for the proposed development. a. The existing infrastructure is sufficient to support the proposed development; a traffic analysis was conducted, and the site is suitable for the density of this development.
3. The design of the land will not cause substantial environmental damage. a. A Biological Resources Assessment, Geotechnical Report and an Environmental Site Assessment have all been completed with no adverse findings reported.
4. The design of the subdivision will not cause serious public health problems. a. The subdivision is in accordance with OMC Chapter 16 (Subdivisions) and OMC Chapter 17 (Zoning Code). The subdivision provides ample public open space, commercial space and residential dwelling units. Buffers, including landscaping, setbacks and parking areas have been established between the development and adjacent development (PCP). Staff determined that the design of the subdivision is unlikely to cause public health problems.
5. There are no adverse soil or geological conditions.
a. A Soils Report was conducted, and the site was shown to be safe to develop.
The City Engineer is satisfied with the findings of said report.
6. The design of the subdivision will not conflict with public easements. a. There are no conflicting public easements, and this subdivision will create new public access and utility easements.
108
Item 8.
7. The subdivision does not violate the provisions of Chapter 16 (Subdivisions). a. The proposed subdivision meets all provisions of Chapter 16, and no exceptions were granted, per the Engineer’s Report.
8. The subdivision does not violate any provision of Chapter 17 (Zoning Code). a. The proposed subdivision meets all provisions of Chapter 17, including being appropriately zoned, and no variance was granted or requested.
9. The proposed subdivision will not violate any other City ordinance or City code provision.
a. The proposed subdivision appears to comply with all applicable City regulations and codes.
10.The subdivision will not discharge waste in violation of requirements prescribed by the California Regional Water Quality Control Board. a. The proposed subdivision will be adequately served by the City of Oroville’s sewer system and has undergone a capacity study by SC-OR.
During the public hearing before the Planning Commission on September 26, 2024, PCP requested that a Collaborative Land Use Easement (CLUE) acknowledge and accepting “any impacts resulting from the use and operation of their respective properties” (Attachment 4) be added to the TSM’s conditions of approval.
While not frequently utilized, CLUE easements are becoming more common as developers look for alternative sites and solutions to address housing shortages. A CLUE easement grants the existing user (in this case, PCP) the affirmative right to continue their operation as they have for the past 40 years (approximate). Gold Creek did not agree with this type of easement being included as a condition of approval and requested it not be added.
In reaching their decision, the Planning Commission reviewed the necessary findings for a TSM, and received information from staff, the applicant and PCP’s representative. A motion was made and seconded to approve the TSM without PCP’s requested easement, but with an added direction to Staff to work with both parties to resolve this concern. The motion passed with a unanimous vote of 6 yes’s and 1 absent.
Appeal
PCP appealed the approval of the Tentative Subdivision Map on October 4, 2024, citing concern regarding mitigation on potential impacts (Attachment 5). In a letter attached to the appeal application, PCP’s representative stated that both the disclosure within the CC&Rs, and the requested easement, are necessary to provide clear communication to all parties.
An additional buffer could be created by using the land currently leased by PCP and owned by the City that divides the two properties that is approximately 100’ wide and which PCP 109
Item 8.
leases (Attachment 2) and actively utilizes as storage for their operations. PCP has stated they would be amenable to abandoning this leased land in favor of the creation of a natural buffer of planted trees as an open space. In exchange, they would like to lease a portion of the City’s old corporation yard located nearby on Mitchell for their storage needs.
The City Council can review the Planning Commission decision and add, remove, or modify any other condition(s) of approval to help alleviate potential conflicts between the two land uses. This could include requiring the proposed CLUE easement that PCP requested, and/or the City Council could impose a condition of approval on the subdivision requiring a physical buffer between the two land uses. See the City Attorney’s supplemental memo on CLUE easements (Attachment).
Policy 5.4 of our General Plan’s Land Use Element authorizes the Council to require, if necessary, the installation of physical buffers such as low maintenance solid masonry or decorative block walls where potentially conflicting land uses may be adjacent to one another. Adding an additional buffer between the two uses would also align with Policy 3.7 of the General Plan’s Land Use Element, which encourages new residential development that does not hinder or limit industrial or commercial development.
In other situations, our code, OMC 17.12.020.F.1 states that any non-residential development shall “include a solid fence or decorative masonry wall along each property line abutting a residential district. The fence shall be between 6 and 7 feet tall.”
FISCAL IMPACT
None. All application fees were paid in full by the applicants.
ACTION REQUESTED -
Staff recommends that the Council:
1. Remand the project back to the Planning Commission to determine an appropriate solution, and if mutual agreement is not possible by a project condition.
Alternatively, the Council can:
2. Approve the appeal, thus requiring the developer to record a Collaborative Land Use Easement (CLUE) using language suggested by either the appellant or as otherwise agreed to by both parties; or
3. Deny the appeal and uphold the Planning Commission’s approval of Tentative Subdivision Map TSM24-01, which includes the condition that staff work with all parties to find a mutually agreed upon solution.
110
Item 8.
ATTACHMENTS
1. Approved Tentative Subdivision Map – TSM24-01
2. PCP Lease of City Property, APN 035-450-012
3. Section 4.22 of the Gold Creek CC&Rs Acknowledging Right of PCP to Operate
4. PCP Proposed Condition of Approval – CLUE Easement
5. Appeal Application
6. TSM24-01 Planning Commission Staff Report
7. Engineering Report for TSM24-01
8. Planning Commission Resolution P2404-13 approving TSM24-01
9. Planning Commission Meeting Minute Order for September 26, 2024
10.Draft Resolution approving the Appeal
11.Draft Resolution Denying the Appeal
12.Supplemental memo by City Attorney explaining CLUE’s 111
Item 8.
PARCEL#
1 2
3 4
5 6
7 8
9 10
A
I
AREAS.F.
13,174 SF
6,734 SF
13,888 SF
13,589 SF
8,138 SF
11,481 SF
6,000 SF
6,000 SF
7,485 SF
5,250 SF
232,475 SF
NO. OF UNITS
30 UNITS
12 UNITS
30 UNITS
30 UNITS
5 UNITS
30 UNITS
12 UNITS
12 UNITS
15 UNITS
BESS
COMMON SPACE
N 35'34'11" W
60.00'
I
o' 60' - - - 120'
lHIS
- - - BM ON lHE ORIGINAL IS 2 INCHES -LONG
I
I
I
I
I
I
I
I
I
I
I
I
I
N 50'21'49" E
57.45'
S 677 7'00" W 80'
192.� __ j __
-- -- -- --
ORO DAM BLVD EAST
L
I
I
/
S 74'38'32" E
127.00'
E
API� U 13-I bU-L4 I
PARCEL 1 ']F BLCJCI< 2
81, 43 OF M �PS PGS 63-66
-- ----- _J
(STATE ROUTE 162)
---------- ---- --
\
\
I
I
I
I
I
I
I
I
I
�
�
I
I
I
SSMH
Pl/:, -2Q1 87
6 lf VI
S
I
IS)-197.35
6"1N'/ S V)-197 37
I
L
r-- -- --
-- ,
E-
G--
-- GC --
-- SC --
-- ss -
T-
W-
�
� 198.55
w
C/W
[fil
@]
[I]
@]
[8J
QJ
Q]
J,EGEND
APPROXIMATE PROJECT BOUNDARY
EXISTING PROPERTY LINE
EXISTING RIGHT-OF-WAY CENTERLINE
EXISTING EDGE OF CONCRETE
EXISTING EDGE OF ASPHALT PAVEMENT
EXISTING FLOWLINE
EXISTING CABLE TV MAIN/SERVICE (PER UTILITY MAP)
EXISTING ELECTRIC MAIN/SERVICE (PER UTILITY MAP)
EXISTING GAS MAIN/SERVICE (PER UTILITY MAP)
EXISTING OVERHEAD UTILITY LINES
EXISTING STORM DRAIN
EXISTING SANITARY SEWER
EXISTING TELEPHONE MAIN (PER UTILITY MAP)
EXISTING WATER MAIN/SERVICE (PER UTILITY MAP)
EXISTING TOE OF BANK
EXISTING TOP OF BANK
EXISTING GROUND CONTOUR (1 O' INTERVAL)
EXISTING GROUND MINOR CONTOUR (2' INTERVAL)
EXISTING EASEMENTS
EXISTING FENCE LINE
EXISTING DIRECTION OF FLOW
EXISTING SURFACE ELEVATION
EXISTING UTILITY ANCHOR POLE
EXISTING BOLLARD
EXISTING CORRUGATED METAL PIPE
EXISTING DRIVEWAY
EXISTING ELECTRIC BOX
EASEMENT NOTES
EV
CH
HR
pr;::,
EXISTING ELECTIRIC TRANSFORMER
EXISTING ELECTIRIC VAULT
EXISTING FIRE HYDRANT
EXISTING CATCH BASIN GRATE
EXISTING POLE GUY WIRE
EXISTING HAND RAIL
EXISTING UTILITY JOINT POLE
EXISTING UTILITY POWER POLE
EXISTING REINFORCED CONCRETE PIPE
cccc EXISTING STORM DRAIN CATCH BASIN
'"' EXISTING STORM DRAIN DROP INLET
SC
ssco
SSMI I
TE
T-5B
T-V
UT-LID
WV
O
12"DT
C,
CT
CT
EXISTING STREET LIGHT
EXISTING STREET LIGHT BOX
EXISTING SIGN POST
EXISTING SEWER CLEANOUT
EXISTING SANITARY SEWER MANHOLE
EXISTING TRASH ENCLOSURE
EXISTING TELEPHONE MANHOLE
EXISTING TELEPHONE SERVICE BOX
EXISTING TELEPHONE VAULT
EXISTING UTILITY LID
EXISTING WATER METER
EXISTING WATER VALVE
EXISTING TREE, DIAMETER & TYPE
DECIDUOUS TREE
CONIFER TREE
OAK TREE
EXISTING 10' WIDE RIGHT-OF-WAY FOR SEWER PURPOSES PER BOOK 1110 PAGE 400 OF
OFFICIAL RECORDS TO REMAIN
EXISTING 12' WIDE SEWER EASEMENT PER PARCEL MAP FOR GERRY MEYER, BOOK 70 OF MAPS, PAGE 70 TO REMAIN
EXISTING 20' EASEMENT RESERVED IN DEEDS FOR PUBLIC UTILITIES AND ROAD PURPOSES PER PARCEL MAP FOR GERRY MEYER, BOOK 70 OF MAPS, PAGE 70 TO REMAIN EXISTING 10' WIDE RIGHT-OF-WAY FOR ROAD PURPOSES PER BOOK 1195 PAGE 272 OF
OFFICIAL RECORDS TO REMAIN
EXISTING 10' WIDE RIGHT-OF-WAY FOR ROAD PURPOSES PER BOOK 1195 PAGE 271 OF
OFFICIAL RECORDS TO REMAIN
EXISTING 20' WIDE RIGHT-OF-WAY FOR ROAD PURPOSES PER BOOK 1224 PAGE 277 OF
OFFICIAL RECORDS TO REMAIN
EXISTING 12' WIDE DRAINAGE EASEMENT PER RECORD OF SURVEY AT BOOK 106 OF MAPS, PAGE 72 TO REMAIN
THE LOCATION OF AN EXISTING EASEMENT FOR WATER WAY AND INCIDENTAL PURPOSES PER BOOK 66 OF DEEDS PAGE 263 COULD NOT BE DETERMINED FROM RECORD INFORMATION
THE LOCATION OF AN EXISTING EASEMENT FOR POLE LINE AND INCIDENTAL PURPOSES PER BOOK 135 OF DEEDS PAGE 436 COULD NOT BE DETERMINED FROM RECORD INFORMATION
THE LOCATION OF AN EXISTING EASEMENT FOR PIPELINE AND INCIDENTAL PURPOSES PER BOOK 526 PAGE 116 OF OFFICIAL RECORDS COULD NOT BE DETERMINED FROM RECORD
INFORMATION
THE LOCATION OF AN EXISTING EASEMENT FOR TELEPHONE LINES AND INCIDENTAL PURPOSES PER BOOK 158 OF DEEDS PAGE 155 COULD NOT BE DETERMINED FROM RECORD INFORMATION
THE LOCATION OF AN EXISTING EASEMENT FOR ROAD AND INCIDENTAL PURPOSES PER BOOK 164 OF DEEDS PAGE 383 COULD NOT BE DETERMINED FROM RECORD INFORMATION NOTES
I. THERE ARE NO KNOWN SUMPS OR SEPTIC TANKS ON THIS SITE.
2. THERE ARE NO KNOWN WELLS ON THIS SITE.
3, THERE ARE NO EXISTING STRUCTURES ON THIS SITE.
4. DEVELOPMENT OF THIS PROJECT WILL NOT INVOLVE FILING PHASED FINAL MAPS.
5. THE PROJECT IS NOT REQUESTING ANY DEVIATIONS FROM CITY STANDARDS. 6, PRELIMINARY SOILS INVESTIGATIONS INCLUDING BORINGS AND TEST PITS HAVE BEEN PERFORMED BY SIERRA GEOTECH TO AID THE PREPARATION OF THIS MAP. 7, A PORTION OF THE PROJECT IS LOCATED IN ZONE X (SHADED) AS SHOWN ON FIRM PANEL 0795E. THIS ZONE CONTAINS AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 1% ANNUAL CHANGE FLOOD. THE REMAINING PORTIONS OF THE PROJECT ARE LOCATED IN ZONE X (UNSHADED) AS SHOWN ON FIRM PANEL 0795E.
THIS ZONE CONTAINS AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE
FLOODPLAIN,
8, DEVELOPMENT OF THE PARCELS WILL REQUIRE THE PREPARATION OF DETAILED
GRADING AND DRAINAGE PLANS SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY OF OROVILLE.
9, PARCELS 1-9 'MLL CONNECT TO TIHE EXISTING SANITARY SEWER MAIN LOCATED ON THE SITE.
10, SUBDIVISION GRADING WILL BE COMPLETED SUCH THAT ALL PARCELS DRAIN TOWARDS
ONSITE STORM DRAIN CATCH BASINS AND INTO A COMMON STORM DRAIN
CONVEYANCE SYSTEM THAT DISCHARGES INTO THE EXISTING ONSITE DRAINAGE CHANNEL.
11. INCREASES IN STORM WATER RUNOFF WILL BE CONTAINED IN A DETENTION SYSTEM AND METERED OUT TO MATCH PRE-DEVELOPMENT FLOWS.
12. STORM WATER RUNOFF WILL BE TREATED ONSITE IN ACCORDANCE WITH THE CITY OF
OROVILLE POST-CONSTRUCTION STANDARDS,
13. FIRE HYDRANTS WILL BE INSTALLED AT LOCATIONS APPROVED BY THE CITY OF OROVILLE FIRE DEPARTMENT.
LOCATION MAP
NO SCALE
• OWNER:
• UTILITY SERVICE
JOSEPHINE PILLAI, PRESIDENT A. SANITARY SEWER - CITY OF OROVILLE RCM INVESTMENTS, LLC B. STORM DRAIN - CITY OF OROVILLE
740 BROADWAY STREET
C. WATER - CALIFORNIA WATER SERVICE
CHICO, CA 95928
D. GAS & ELECTRIC - P.G.&E.
(530) 521-4925
E. TELEPHONE - AT&T
F. CABLE T. V, - COMCAST
• S1JRDIVIDER: • EXISTING ZONING:
JOSEPHINE PILLAI, PRESIDENT
RCM INVESTMENTS, LLC
MXC: CORRIDOR MIXED-USE
740 BROADWAY STREET
CHICO, CA 95928
(530) 521-4925
• ENGINEER:
ROLLS, ANDERSON & ROLLS
ATTN: PAUL RABO
• PROPOSED ZONING
PARCELS 1-10
R.C.E. 72209
MXC: CORRIDOR MIXED-USE
115 YELLOWSTONE DRIVE
CHICO, CA 95973
(530) 895-1422
• EXISTING lAND USE:
• ASSESSORS' PARCEL
NlJMBERS:
MIXED USE
013-160-054
035-450-014
• PROPOSED J,AND 1JSE:
PARCELS 1-10: MIXED USE
• PARCEL AREA SUMMARY
EXISTING PARCEL
A.P.N. 013-160-054 5.4 AC.
A.P.N. 035-450-014 1.9 AC.
PROPOSED MIXED USE PARCELS
TOTAL AREA (GROSS)
NUMBER OF PARCELS
AVERAGE PARCEL SIZE
DENSITY
7.3 AC,
10 0.2 AC.
AS ALLOWED BY THE CITY OF
OROVILLE MUNICIPAL CODE
GOLD CREEK COMMONS
VESTING TENTATIVE PARCEL MAP (22-_)
FOR
RCM INVESTMENTS, LLC
A DIVISION OF PARCEL 3 OF THE PARCEL MAP FOR GERRY MEYER, BOOK 70 OF MAPS, PAGE 70, AND PARCEL 1 OF THE PARCEL MAP FOR SOUTHERN PACIFIC TRANSPORTATION COMPANY, BOOK 107 OF MAPS, PAGE 68,
CITY OF OROVILLE BUTTE COUNTY STATE OF CALIFORNIA
MARCH, 2022
RAR
ROLLS ANDERSON & ROLLS
CIVIL ENGINEERS
115 YELLOWSTONE DRIVE • CHICO, CALIFORNIA 95973-5811
TELEPHONE 530-895-1422
21125 SHEET 1 OF 1
112
Item 8.
113
Item 8.
114
Item 8.
115
Item 8.
116
Item 8.
117
Item 8.
118
Item 8.
119
Item 8.
120
Item 8.
121
Item 8.
122
Item 8.
AGREEMENTS
Page | 26
written consent of the City and the Owners of the affected Parcels. Any agreement between such Owners regarding party walls may be contained in Secondary CC&R's.
4.19 City Design Review. Compliance with the requirements of this Article 4 is in addition to, not in lieu of, compliance with the requirements of the City, including, without limitation, any design review process of the City, which is the responsibility of each Constructing Owner. If there is any conflict between the requirements of the City and the requirements of this Agreement, the more restrictive requirements are controlling.
4.20 Exclusive Right to Use Name of Development. Declarant has the exclusive rights to use the name "Gold Creek Commons" and all similar or derivative names, along with all associated trademarks entity names, domain names, and logos. No other Commercial Retail Owner or Mixed-Use Association shall not use such trade names, entity names, or service marks regardless of its interest in the Development or any other portion of Gold Creek Commons, for advertising or any other purpose in any promotional material, whether printed, audio, video, incorporated into a domain name or otherwise, in any signage, or in any logo or depiction without the prior written consent of Declarant. In addition, any name or logo to be used in connection with or displayed on any signage, or in any materials or documentation related to the use of a Commercial Retail Property, shall be subject to Declarant's prior written consent and shall not contain copyrighted information from any website or logo of Declarant (or any affiliate of Declarant) in such materials. Such approval may be given or withheld in Declarant's discretion and may be subject to such terms and conditions as Declarant deems appropriate. Any assignment of Declarant' s rights as Declarant hereunder shall not include any assignment of the right to use the name "Gold Creek Commons" and Declarant shall continue to have the rights to approve all uses thereof.
4.21 Design Guidelines. Declarant or Approving Parties may adopt, amend, and repeal architectural guidelines, standards and procedures to be used in rendering its decisions. The Design Guidelines may include, without limitation, provisions regarding: (a) the size and height of Improvements; (b) architectural design, with particular regard to the harmony of the design with the surrounding structures and typography; (c) placement of buildings including establishing building envelopes and building setbacks; (d) site design, including, without limitation, location of surface parking and underground automated parking systems, driveways, refuse containers, loading docks, service areas; (e) grading and drainage; (f) landscaping design, content and conformance with the character of Gold Creek Commons and permitted and prohibited plants; (g) requirements concerning exterior color schemes, exterior finishes and materials; (h) signage; (i) exterior lighting; (j) perimeter and screen wall design and appearance; time periods for commencement and completion of any approved construction or modification; rules and regulations governing construction activities; and (m) standards and procedures for submissions and approval of plans.
Declarant or Approving Parties may, from time to time, amend the Design Guidelines. Declarant or Approving Parties may establish one or more subcommittees consisting of one or more appointees of Declarant or Approving Parties and may delegate to such subcommittee or subcommittees the authority and power of Declarant and Approving Parties to approve or disapprove any construction or modification within the Development. Any delegation by Declarant or Approving Parties of its authority or power under this Article 4 shall be subject to such conditions and limitations as may be imposed by Declarant and may be revoked at any time by Declarant by written notice to the Person to whom the power or authority had been delegated. No Owner shall be required to dispose of personal property kept in or on a Parcel or remove or modify improvements installed on a Parcel in compliance with this Declaration or the Design Guidelines in effect at the time such personal property was brought onto the Parcel, or when the Improvements were installed on the Parcel.
4.22 Declaration Acknowledging Right of Pacific Coast Producers to Operate. This clause shall act as a disclosure statement to the prospective transferee of any property within Gold Creek Commons 123
Item 8.
AGREEMENTS
Page | 27
pursuant to Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the California Civil Code disclosing this chapter and the nature of its provisions. This disclosure statement is as follows:
SELLERS INFORMATION
The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.
The City of Oroville permits the operation of Pacific Coast Producers (PCP) agricultural processing facilities on neighboring properties to Gold Creek Commons in accordance with Title 17 Zoning, Chapter 17.16 Urban Agriculture, Section B3 Uses Permitted by Right, of the Oroville Municipal Code and California Civil Code Section 3482.5 California Agricultural Protection Act and has declared to conserve, protect, enhance, and encourage such agricultural industrial operations. Residents or users of property located near the PCP operations may at times be subject to inconvenience or discomfort arising from that operation, including, without limitation: “Noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of agricultural wastes associated with the canning process of produce and fruits.” One (1) or more of these inconveniences or discomforts may occur as result of any properly conducted agricultural industrial operation at PCP facilities. In accordance with California Civil Code Section 3482.5 no activity of PCP that is operated in compliance with Division 3 (commencing with Section 3001) of the Food and Agricultural Code, shall be or become a private or public nuisance due to any changed condition in or about the locality, if it was not a nuisance at the time it began. Furthermore, that inconvenience or discomfort arising from a properly conducted agricultural industrial operation on the PCP facilities will not be considered a nuisance for purposes of the City of Oroville Municipal Code or City regulations, and that residents or users of nearby Gold Creek Commons property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living adjacent to PCP.
This statement above shall not invalidate any provision contained in the California Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural industrial activities, operation, or facilities, or appurtenances of PCP constitute a nuisance, public or private, as specifically defined or described in any of those provisions.
124
Item 8.
Held for Attachment A4
125
Item 8.
126
Item 8.
127
Item 8.
128
Item 8.
129
Item 8.
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, September 26, 2024 RE: Gold Creek Commons Tentative Subdivision Map TSM24-01 SUMMARY: The Planning Commission shall consider approving the Gold Creek Commons Subdivision, which will subdivide The Project includes approx. 106,000 square feet of commercial space and 176 residential units.
RECOMMENDATION: Staff recommends the following actions:
1. Approve the recommended findings for Tentative Subdivision Map TSM24-01 and recommended Conditions of Approval;
2. Adopt Resolution No. P2024-13
3. Adopt the Notice of Exemption as the appropriate level of environmental review for the project.
APPLICANTS: RCM Investments, LLC
LOCATION: APN 013-160-054 and APN
035-450-014, west of Lincoln Street
between Mitchell Avenue and Oroville Dam
Blvd E.
GENERAL PLAN: Mixed Use (MU)
ZONING: Corridor Mixed Use (MXC)
FLOOD ZONE: Zone X
ENVIRONMENTAL DETERMINATION: Project Exempt from CEQA under AB430 REPORT PREPARED BY:
________________________
Kristina Heredia, Associate Planner
Community Development
REVIEWED BY:
___________________________
Patrick Piatt, Director
Community Development
130
Item 8.
DISCUSSION:
An application has been received for a Tentative Subdivision Map (TSM24-01) for the proposed Gold Creek Commons Mixed-Use Development. This is an infill development that will consist of approximately 106,000 square feet of commercial space with 176 residential units above the ground floor.
Potential commercial uses include general retail, food and beverage sales, restaurants or cafes, professional offices, gyms, instructional or production studios, and banks; all of which are permitted uses in the MXC zone. Estimated proportions are 10% Restaurants/Cafes, 50% Retail, and 40% offices or similar. Specific commercial uses for each lot are pending subject to sale/lease, and will be subject to relevant City review and permitting prior to use-specific improvements being carried out.
The tentative subdivision map is to divide two existing parcels, totaling 7.04 acres, into 11 separate parcels; 10 condominium style parcels which will follow the 10 proposed building’s footprints and Parcel A, which will contain the rest of the site and amenities including parking, common spaces and access to the site.
All required conditions and considerations per OMC 16.12.020 “Tentative Maps” apply to this requested tentative subdivision map. Prior to filing the Final Subdivision Map, all public improvements required by OMC Title 16 “Subdivisions” shall be completed and accepted by the City or a deferred improvement agreement shall be executed.
ENVIRONMENTAL DETERMINATION:
This action has been determined to be exempt from the California Environmental Quality Act (CEQA) review pursuant to AB-430: The Camp Fire Housing Assistance Act of 2019.
FINDINGS:
Staff has determined that the following findings can be accurately and truthfully made (OMC 16.12.020.F);
1) The requested tentative parcel map is in conformance with the General Plan and the City’s zoning ordinance.
2) The site is physically suitable for the proposed density and type of development.
3) The design of the land division is not likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. 4) The design of the land division is not likely to cause serious public health problems.
5) A preliminary soils report or geological hazard report indicating no adverse soil or geological conditions that cannot be corrected to the satisfaction of the City 131
Item 8.
Engineer shall be submitted prior to the issuance of building permits. 6) The design of the land division will not conflict with any existing easements. 7) The proposed land division is consistent with OMC 16.12.020, and the requested parcel map seeks no variances or exceptions.
8) All services and access to the proposed parcels are available and meet City standards.
9) The parcel was not involved in the division of a larger parcel anytime in the last two years.
10)The discharge of waste from the proposed land division into a community sewer system would not result in violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code).
FISCAL IMPACT
The total fees associated with this project are as follows:
Item Price Tech Fee Total Paid
Tentative Subdivision Map $4,041.06 $242.46 $4,283.52 Yes Total $4,041.06 $242.46 $4,283.52 Yes
Pursuant to Public Resources Code Section 21089, and as defined by the Fish and Wildlife Code Section 711.4, fees ($50) are payable by the project applicant to file the Notice of Exemption with Butte County by the City of Oroville – Community Development Department, within five working days of approval of this project.
PUBLIC NOTICE
A request for comments was prepared and circulated to the local agencies and surrounding property owners within 300 feet of the property. Additionally, the meeting date, time, and project description were published in the Oroville Mercury Register and posted at City Hall.
ATTACHMENTS
1. Proposed Map TSM 24-01
2. Resolution No. P2024-13
3. Engineer’s Report
4. Notice of Exemption
132
Item 8.
City Engineer’s Subdivision Report Page 1 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx DATE: September 23, 2024
TO: PLANNING COMMISSION
FROM: Alyssa Stutz, City Engineer
RE: Gold Creek Commons Vesting Tentative Subdivision Map (24-01)
This office has reviewed the Vesting Tentative Subdivision Map (24-01) and herewith submits the following findings and recommendations for same.
A. MODIFICATIONS TO DESIGN CRITERIA AND IMPROVEMENT STANDARDS
OF THE OROVILLE MUNICIPAL CODE
The Subdivider has requested no certain modifications to requirements of the Oroville Municipal Code (OMC).
B. TIMING AND NATURE OF PUBLIC IMPROVEMENTS
The City Engineer will determine the nature, extent, timing and limits of required road/street public improvements to be constructed as part of any development (including phased development) versus payment of an in-lieu fee as well as reimbursements for construction of future Nexus/CIP facilities.
C. PUBLIC FACILITY CONSTRUCTION
1. Streets
a) Street structural sections to be determined based upon findings from the Soils Report or City Standards for residential streets, whichever is more stringent. b) Points of site ingress and egress shall be subject to intersection sight distance criteria as established by the City Engineer. Appropriate easements shall be dedicated as needed on the Final Map.
c) Notice is hereby given to future owners of lots within this subdivision that the City of Oroville may require the construction of additional traffic circulation improvements under the circumstances described below. An appropriate note shall be placed on the Final Map.
1) Increased Traffic Volume: Anticipated growth in residents or businesses leading to higher traffic flows than initially estimated.
2) Safety Concerns: Identified safety issues, such as high accident rates at intersections or pedestrian crossings that require enhancements. 133
Item 8.
City Engineer’s Subdivision Report Page 2 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx 3) Access Issues: Inadequate access to major roads or inadequate turning radii for emergency vehicles, necessitating new access points or road expansions. 4) Public Transport Needs: Plans for public transit routes that require modifications to existing roadways or the addition of bus stops.
5) Change in Land Use: Future developments (e.g., commercial, industrial) that could impact traffic patterns and require adjustments.
6) Roadway Capacity: Current roads not meeting capacity standards, requiring upgrades to accommodate future demand.
7) Parking Concerns: Insufficient parking availability leading to street congestion, necessitating the design of additional parking areas.
8) Regulatory Changes: Updates in local traffic regulations or standards that mandate improvements based on new criteria.
2. Storm Drainage
a) Facility Construction
The Subdivider shall design and install the following City standard storm drain facilities:
1) Interior to Subdivision - Curb, gutter, and an underground storm drain system with all appurtenances.
2) Adjacent to Subdivision - Curb, gutter and an underground storm drain system with all appurtenances along the subdivision frontage, where applicable. b) Future storm drainage needs within and outside of the project shall be examined to the extent that improvements to serve such areas need to be built either within or adjacent to this subdivision. Said improvements shall be constructed by the Subdivider. c) NPDES Requirements
1) The subdivision will be designed, constructed, and maintained compliance with the State Water Resources Control Board Phase II Small Municipal Separate Storm Sewer System (MS4) Program – National Pollutant Discharge Elimination System (NPDES) General Permit for Waste Discharge Requirements (WDRs) for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s).”
d) Alternative Storm Drainage Facilities
An alternative storm drainage design or facility is one that does not operate under gravity and/or differs from the standards in the Design Criteria of the Oroville Municipal Code. Any such design/facility shall be required to include appropriate note(s) on the improvement plans describing the nature of the alternative features and their operating characteristics (including limitations and/or special maintenance needs).
134
Item 8.
City Engineer’s Subdivision Report Page 3 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx g) Storm Drainage Detention Facilities
Surface storm drainage detention facilities shall be landscaped with turf (or an approved alternate) and shall be provided with an irrigation system. Any surface water quality treatment facility shall be vegetated in accordance with the Storm Drainage Analysis below and shall also be suitably provided with adequate irrigation. h) Interim Alternative to Connection to Existing Facilities One hundred percent on-site disposal of storm drainage may be utilized for this subdivision in compliance with Oroville Municipal Code (OMC). It shall be designed for a full range of storm water runoff, up to and including a 100-year storm.
In addition to OMC requirements, the on-site disposal design shall be designed to include:
1) Deep hole tests shall be conducted between December and April to determine the ground water table elevation.
2) Storm drain design shall maintain a 10-foot separation between the leach trench bottom and the ground water table elevation.
3) The 100-year storm plus 1-foot freeboard must be retained onsite without flooding any residences both within and adjacent to the subdivision. i) Storm Drainage Analysis
In conjunction with the first submittal of improvement plans, the Subdivider shall submit a Storm Drainage Analysis to the Building & Development Services Department for review and approval. Said Drainage Plan shall cover the entirety of the natural storm drain tributary area affected by the proposed subdivision.
The storm drain analysis shall establish tributary area, size, grade, depth, and location for all the following storm drain facilities:
• Underground pipes
• Open, natural swales
• Improved channels
• Storm water runoff management facilities
• Outfall facilities discharging to natural channels
• Both ultimate and interim facilities serving streets exterior to the subdivision that are required to be constructed herein.
j) The subdivider shall pay a storm drain fee calculated in accordance with the current fee schedule under the requirements of the Oroville Municipal Code, prior to filing the final map.
135
Item 8.
City Engineer’s Subdivision Report Page 4 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx
3. Sanitary Sewer
a) Facility Construction
The Subdivider shall design and install the following City standard sanitary sewer facilities:
1) Interior to Subdivision - An improved/updated underground sanitary sewer system, with all appurtenances, serving all lots.
2) Adjacent to Subdivision – Not Applicable.
3) Sanitary Sewer Analysis - In conjunction with the first submittal of improvement plans, the Subdivider shall submit a Sanitary Sewer Analysis to the Public Works Department for review and approval. Said analysis shall cover the entirety of the tributary area served by the sewer system required herein and shall include analysis and design of the following sewer system elements:
• Size, grade, depth and location of gravity sewer lines • Approved pumping plants, including service to an interim tributary area, if applicable
• Preliminary system design for future upstream tributary areas, if applicable • Downstream sanitary sewer system capacity
b) Sanitary Sewer Fees
The Subdivider shall pay applicable sanitary sewer main fees to the City of Oroville prior to recording the Final Map, plus applicable trunk line and water pollution control plant capacity fees in conjunction with building permits. e) Sewerage Commission – Oroville Region (SC-OR)
The project is more than 20 equivalent dwelling units, therefore a special agreement with SC-OR is required.
The Subdivider shall enter into an agreement with the SC-OR and the City of Oroville in compliance with SC-OR policy. Said agreement shall be in regard to, but not necessarily limited to, capacity analysis and impact mitigation. Subdivider shall pay all fees and other costs associated with the agreement.
4. Street Signs and Striping
The Subdivider shall install City standard street signs, regulatory signs, pavement striping and pavement markings on all streets, and bicycle facilities that they are required herein to construct. Traffic control devices shall meet the standards of the Manual of Uniform Traffic Control Devices.
136
Item 8.
City Engineer’s Subdivision Report Page 5 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx
5. Streetlights
The Subdivider shall install City standard streetlights with shielding on steel poles with concrete bases on all streets that they are required herein to construct.
6. Bikeways
No bikeways are required.
7. Transportation Facilities
The Subdivider is not required to construct bus turnouts, benches, or shelters unless future Public Transport needs change.
8. Street Trees
Street trees shall be planted in accordance with the recommendation of the Public Works Department.
9. Landscaping
The Subdivider shall install landscaping and an irrigation system in accordance with a landscape and maintenance plan approved by the City.
D. MAINTENANCE
Prior to filing the Final Map, the Subdivider shall be required to make provisions to fund the maintenance of certain public improvements. The improvements to be covered shall include but not be limited to:
a) Storm water mitigation facilities
b) Landscaped areas in the public right-of-way included in the Landscape Plan c) Street lights
The Subdivider shall prepare the necessary documents and provide the required supporting documents. Formation of a maintenance district requires action by the City Council. The district or alternate funding mechanism shall be complete and formed prior to recordation of the Final Map.
E. PARKLAND
The Subdivider shall dedicate park land or pay an in lieu fee in accordance with the Oroville Municipal Code section 16.16.185 – Dedication of land for park and recreation purposes.
F. SUBDIVISION GRADING
1. Soils Report
137
Item 8.
City Engineer’s Subdivision Report Page 6 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx The Subdivider has submitted a Geological and/or Soils Report, prepared by a registered engineer. The report was written by Sierra Geotech and dated March 29, 2022. Special attention should be given to Chapter 5 – Conclusions and Chapter 6 - Earthwork.
The following concerns shall be considered and addressed:
• Presence of undocumented fills
• Potential for liquefaction
• Potential for ground rupture
• Potential for lateral spreading
• Potential for unsaturated loose sands seismic compression • Potential for underground unknown structures
• Potential for environmentally contaminated soils
• Potential for near-surface expansive soils
• Potential for high ground water table
2. Grading Standards
All subdivision grading shall be in conformance with Oroville Municipal Code Chapter
15.88 – Grading Excavation and Sediment Control.
3. Grading Plan
The Subdivider's engineer shall submit a subdivision grading plan that includes, but is not limited to, the following:
a) The subdivision limits, contours and details of existing terrain and drainage. b) Existing structures or other topographic features that are to remain undisturbed. c) The proposed subdivision lots and streets, together with a schematic layout of the proposed storm drain system.
d) Existing ground elevations at all corners of proposed lots. e) Proposed finished lot corner grades and finished pad grades. f) Proposed lot grades indicating lot drainage.
g) Pertinent recommendations from the above required Geological and/or Soils Report. h) Pertinent construction details to assure compliance with City of Oroville Grading Standards.
4. Final Grading Report
Upon completion of the subdivision grading and prior to final inspection by the City, the Subdivider's engineer shall submit a Final Grading Report that certifies the following:
a) That final grading complies with the approved grading plan or any approved revisions.
138
Item 8.
City Engineer’s Subdivision Report Page 7 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx b) That the subdivision grading complies with the recommendations included in the Geological and/or Soils Report. Any changes made during grading that affected these recommendations shall be assessed.
c) That the subdivision soils are adequately compacted for their intended use, in conformance with City of Oroville Grading Standards. The results of all field density tests and all other substantiating data shall be included in the Final Grading Report.
The subdivision grading plan shall be submitted to the City Engineer for review and approval prior to the start of any work and shall be considered as part of the construction plans.
G. PROPERTY CONVEYANCES
1. Dedications
In conjunction with recordation of the Final Map for this subdivision, the Subdivider shall:
a) Dedicate, acquire or bear the cost of acquisition of public rights of way or easements as necessary to construct the public improvements required herein b) Dedicate a 20-foot-wide public utility easement for sewer purposes in alignment with existing sanitary sewer mains.
c) Dedicate a public utility easement for the waterway
2. Abandonments
a) No abandonments are proposed.
H. OTHER PUBLIC SERVICES
1. Public Utilities
a) Underground Requirements
The Subdivider shall install the following utilities underground:
1) All new utilities serving this subdivision. Overhead services to other properties may remain.
b) Easement Obstructions
All public utility and/or public service easements shall be kept free and clear of any and all obstructions, including but not limited to, structures, longitudinal fencing and/or soundwalls, which may impede the construction, operation and maintenance of public utility facilities within such easements.
139
Item 8.
City Engineer’s Subdivision Report Page 8 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx
2. Fire Protection
The Subdivider shall pay for the installation of fire hydrants within the subdivision in conformance with the recommendations of the City of Oroville Fire Marshall.
3. United States Postal Service
The Subdivider shall install concrete pads for Neighborhood Delivery & Collection Box Units. The pads shall be depicted on the subdivision improvement plans and are subject to approval by both the local office of the United States Postal Service and the City Planning Department.
I. PERMITS FROM OUTSIDE AGENCIES
The Subdivider shall obtain all required permits from outside agencies having pertinent jurisdiction prior to recordation of the Final Map for this subdivision.
J. OTHER PERMITS
If applicable, the Subdivider shall submit a completed “Application Requesting Permission to Plant, Remove, Alter, or Disturb Public Trees” to the Public Works Department. The Subdivider shall comply with any and all recommendations/requirements prior to commencing any construction activities on the site.
K. DESIGN CRITERIA AND IMPROVEMENT STANDARDS
All public and joint-use private improvements shall be designed in accordance with the Oroville Municipal Code (OMC), except as modified by the conditions of approval for this subdivision. Where the OMC does don’t have an applicable criteria or improvement standard the Subdivider and the City Engineer may agree to use the criteria or standard of another agency.
The Subdivider shall submit improvement plans, profiles, typical sections, details and specifications to the Public Works Department for review and approval prior to the start of any construction of public and joint-use private improvements.
All public and joint-use private improvements shall be constructed in conformance with the Oroville Municipal Code and in conformance with the details shown on the approved improvement plans.
The design criteria and improvement standards of utilities providing services may be substituted when approved in writing by the Director of Public Works. 140
Item 8.
City Engineer’s Subdivision Report Page 9 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx L. ENVIRONMENTAL CLEARANCE
The project is determined by the Applicant to be exempt from further environmental review requirements of the California Environmental Quality Act of 1970, as defined in the State and County Guidelines for the implementation of CEQA and the qualifications of the project to meet the requirements of AB430 Camp Fire Housing Assistance Act of 2019. Refer to Notice of Exemption, dated June 21, 2022.
M. ADMINISTRATIVE REQUIREMENTS
1. Revised Tentative Map
The Subdivider shall prepare a Project Map, consisting of a copy of the Tentative Map modified to depict all requirements of this subdivision report or the resolution of approval that alter the street layout, the lot configuration, or any other substantive item depicted on the Tentative Map as originally submitted.
The revised tentative map shall be submitted, reviewed, and approved by the Planning Department Director and the City Engineer prior to initial submittal of the improvement plans or Final Map for this subdivision.
2. Subdivision Improvement Agreement
If the public and joint-use private improvements required herein are not satisfactorily completed prior to recordation of the Final Map, the Subdivider shall enter into a subdivision improvement agreement in conformance with the Oroville Municipal Code.
3. Subdivision Fees
a) Plan Checking Fee
The Subdivider shall pay to the City of Oroville a subdivision plan checking fee upon filing the Final Map and/or prior to submitting improvement plans and specifications for checking.
The initial deposit shall be based on an estimated cost of all public and/or joint use private improvements exclusive of private utility facilities. The final fee will be equal to actual City costs.
b) Inspection Fee
The Subdivider shall pay to the City of Oroville an inspection fee prior to commencing construction. The initial deposit will be based on the cost of all public and/or joint use private improvements exclusive of private utility facilities. The final fee will beequal to actual City costs.
141
Item 8.
City Engineer’s Subdivision Report Page 10 of 10
Gold Creek Commons (24-01)
O:\Engineering\Map Reviews\TSM's\Gold Creek Commons\20240923 Engineer's Report - Gold Creek Commons.docx Recommendations and comments of all parties to whom the Tentative Map was circulated for review are on file with the respective parties and in Planning Services Department. ____________________________________
Alyssa Stutz, City Engineer
Distribution:
Original - Planning
Development Engineering Subdivision File
142
Item 8.
CITY OF OROVILLE
RESOLUTION NO. P2024-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF OROVILLE,
CALIFORNIA, MAKING FINDINGS AND CONDITIONALLY APPROVIING TENTATIVE SUBDIVISION MAP NO. TSM24-01 PERMITTING A TENTATIVE SUBDIVISION MAP (APN 013-160-054 and APN 035-450-014).
WHEREAS, the City of Oroville staff recommends a tentative subdivision map; and WHEREAS, the tentative subdivision map is to subdivide two existing parcels, totaling 7.04 acres, into eleven separate parcels; and
WHEREAS, the following conditions of approval shall be incorporated into the final map; and
WHEREAS, at a duly noticed public hearing, the Planning Commission considered the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the tentative subdivision map described herein and considered the City’s staff report regarding the request; and WHEREAS, the requested tentative subdivision map is in conformance with the General Plan and the City’s zoning ordinance; and
WHEREAS, the requested subdivision map seeks no variances or exceptions; and WHEREAS, all services and access to the proposed parcels are available and meet City standards; and
WHEREAS, the parcels were not involved in the division of a larger parcel anytime in the last two years; and
WHEREAS, the parcels do not have an average slope greater than 20 percent.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
1. This action has been determined to be exempt from the California Environmental Quality Act (CEQA) review pursuant to AB-430: The Camp Fire Housing Assistance Act of 2019.
2. The Planning Commission approves the findings provided for the tentative subdivision map to subdivide two existing parcels totaling 7.04 acres identified as APN 013-160-054 and APN 035-450-014 off Lincoln Street between Mitchell Avenue and Oroville Dam Blvd E, into 11 parcels.
143
Item 8.
CONDITIONS OF APPROVAL
Project Specific Conditions
1. These conditions of approval are to permit the land division of Tentative Subdivision Map No. TSM24-01 as generally described above.
2. The Planning Commission approval date of Tentative Subdivision Map No. TSM24- 01 is September 26, 2024. All determinations of whether the land division is eligible for an extension of time shall be based on this original approval date.
3. The following Infrastructure Improvements shall be completed:
a. New Frontage Improvements (road, sidewalk, street lighting) along Lincoln Street, and Mitchell Ave. adjacent to Parcel A.
b. Landscape plan.
c. Utilities
i. The Sanitary Sewer lines shall be upgraded to minimize the need for major maintenance repairs within the new development.
ii. Existing 10-foot Right-of-Way for Easements A and B shall be increased to 20 feet. Any construction adjacent to Easements A and B shall be able to accommodate construction equipment ingress and egress in the event maintenance is required on the sewer system. No building, balcony, or overhang shall come within ten (10) feet of either side of the sewer alignments.
4. Reciprocal Access and Utility Easement between Parcel A and all numbered Parcels
5. All buildings shall look similar in appearance and design, and be constructed, operated, and maintained in accordance with the covenants conditions and restrictions for Gold Creek Commons.
6. Contractor must obtain all necessary permits prior to construction.
7. Contractor must comply with all building codes, laws, and regulations.
8. Coordination with other Agencies:
a. Coordinate with CalWater to ensure there’s adequate water supply and provide necessary improvements to the water system, if needed. b. Compliance with all Caltrans requirements in letter dated 7/26/2022.
9. Ensure adequate access for emergency vehicles to Parcel 6, Parcel 4, and Parcel 2.
10.Provide stormwater calculations showing that the existing drainage is capable of taking on the additional stormwater runoff for the development. 144
Item 8.
11.Per OMC Section 16.16.185 the subdivider shall dedicate park land or pay an in-lieu fee in accordance with the Oroville Municipal Code.
General Conditions
1. This Tentative Subdivision Map conditional approval shall become null and void unless all conditions have been complied with for recordation of the Final Parcel Map within thirty-six (36) months after the approval of said Tentative Subdivision Map.
Where circumstances beyond the control of the applicant cause delays, which do not permit compliance with the time limitation referenced herein, the Planning Commission may grant an extension of time for an additional period of time not to exceed an additional twenty-four (24) months. Applications for such extension of time must set forth in writing the reasons for the extension and shall be filed together with a fee, as established by the City Council, thirty (30) calendar days before the expiration of the Tentative Subdivision Map. The applicant will be responsible for initiating any extension request.
2. All easements of record on and immediately adjacent to the property being subdivided -- and all easements created by approval of this subdivision -- must be noted on the Final Map and shown on site plans and improvement plans.
3. The applicant shall ascertain and comply with the State of California Subdivision Map Act and with all requirements of the Oroville Municipal Code, and with all other applicable County, State and Federal requirements.
4. The applicant shall hold harmless the City, its Council members, Planning Commissioners, officers, agents, employees, and representatives from liability for any award, damages, costs, and/or fees incurred by the City and/or awarded to any plaintiff in an action challenging the validity of this action or any environmental or other documentation related to the approval of this tentative parcel map. Applicant further agrees to provide a defense for the City in any such action
5. The project shall remain in substantial conformance with the Conditions of Approval, as adopted by the Oroville Planning Commission. Any subsequent minor changes in the project (as determined by the Zoning Administrator) may only occur subject to appropriate City review and approval. Any subsequent substantive changes in the project (as determined by the Zoning Administrator) may only occur subject to discretionary review by the Oroville Planning Commission.
6. This map shall run with the land and be binding upon all successors in interest to the maximum extent permitted by law.
7. Pursuant to Section 17.12.010, the proposed use of the site shall conform to the performance standards of the code of the City of Oroville to minimize any negative impacts that the use may have on the surrounding properties. 145
Item 8.
8. All private facilities, improvements, infrastructure, systems, equipment, common areas, landscaping, irrigations systems, etc. shall be operated and maintained by the applicant in such a manner, and with such frequency, to ensure the public health, safety, and general welfare.
9. The Planning Commission’s action shall be final unless the subdivider or any other interested person appeals the action to the City Council as provided in Section
16.04.060 of the City’s Code.
10.Owner shall provide monumentation in conformance with the requirements of the California Subdivision Map Act (Government Code Section 66410 and following).
11.The location, identification and description of known or found monuments on or adjacent to the site, shall be shown and noted on the Final Map.
12.The location, identification and description of known or found monuments on or adjacent to the site, shall be shown and noted on any plans for construction on the parcels. Said monuments shall be protected or replaced per State law.
13.All easements of record that affect this property are to be shown on the Final Map.
14.Prior to recordation of the Final Map, pay in full any and all delinquent, current and estimated taxes and assessments as specified in Article 8 of Chapter 4 of Division 2 of Title 7, of the California Government Code commencing with Section 66492.
15.A preliminary soils report or geological hazard report indicating no adverse soil or geological conditions that cannot be corrected to the satisfaction of the City Engineer shall be submitted prior to the issuance of building permits.
16.Existing City sewer infrastructure located along frontage at the property shall be encased within a public utility easement on the final map. --- End of Conditions ---
146
Item 8.
147
Item 8.
148
Item 8.
CITY OF OROVILLE
RESOLUTION NO. 9328
A RESOLUTION OF THE OROVILLE CITY COUNCIL DENYING AN APPEAL OF THE SEPTEMBER 26, 2024, DECISION OF THE OROVILLE PLANNING
COMMISSION TO APPROVE THE GOLD CREEK COMMONS TENTATIVE
SUBDIVISION MAP (TSM24-01) FOR APNs 013-160-054 & 035-450-014 WHEREAS, on September 26, 2024, the City of Oroville Planning Commission (Commission) at a noticed public hearing considered public testimony regarding the Gold Creek Commons Tentative Subdivision Map, and
WHEREAS, the Commission conditionally approved the project, and WHEREAS, Pacific Coast Producers (PCP) has appealed the Commission’s approval of the project, and
WHEREAS, the City Council heard the appeal at its regular meeting of November 19, 2024.
NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:
1. The appeal of TSM24-01 is denied.
2. The proposed language in Section 4.22 of the Covenants, Conditions and Restrictions are considered by the Council to be adequate notice to future owners and occupants of the Gold Creek Commons.
2. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Oroville City Council at a regular meeting on November 19, 2024 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Scott E. Huber, City Attorney
___________________________
David Pittman, Mayor
ATTEST:
Kayla Reaster, Asst City Clerk
149
Item 8.
CITY OF OROVILLE
RESOLUTION NO. 9329
A RESOLUTION OF THE OROVILLE CITY COUNCIL APPROVING AN APPEAL OF THE SEPTEMBER 26, 2024, DECISION OF THE OROVILLE PLANNING
COMMISSION TO APPROVE THE GOLD CREEK COMMONS TENTATIVE
SUBDIVISION MAP (TSM24-01) FOR APNs 013-160-054 & 035-450-014 WHEREAS, on September 26, 2024, the City of Oroville Planning Commission (Commission) at a noticed public hearing considered public testimony regarding the Gold Creek Commons Tentative Subdivision Map, and
WHEREAS, the Commission approved the project, and
WHEREAS, Pacific Coast Producers (PCP) has appealed the Commission’s approval of the project, and
WHEREAS, the City Council has heard the appeal at its regular meeting of November 19, 2024, and
WHEREAS, To assist with compatible development, the City Council is adding a condition of approval to the tentative subdivision map requiring a Collaborative Land Use Easement TSM 24-01 to be recorded prior to or at the same time as final map recordation.
NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:
1. The appeal of TSM24-01 is approved
2. The following condition of approval shall be added to TSM24-01:
“The applicant shall enter into a legally binding easement and covenant with the adjacent landowner, Pacific Coast Producers, stipulating that both parties mutually acknowledge and accept any reasonable impacts resulting from the use and operation of their respective properties, including but not limited to noise, vibration, dust, odor, light, and traffic impacts. The easement shall run with the land and shall be recorded with the County Recorder’s Office prior to or concurrent with the recordation of the Final Parcel Map..”
3. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Oroville City Council at a regular meeting on November 19, 2024 by the following vote:
150
Item 8.
AYES:
NOES:
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:
Scott E. Huber, City Attorney
___________________________
David Pittman, Mayor
ATTEST:
Kayla Reaster, Asst City Clerk
151
Item 8.
Collaborative Land Use Easements (CLUE)
1. What is a Collaborative Land Use Easement?
A "collaborative land use easement" (CLUE) is a legal agreement where multiple property owners work together to create an easement that addresses land use conflicts between their properties, often allowing for specific activities like noise, dust, or light transmission across property lines, with the goal of facilitating development while protecting existing uses and minimizing disputes; essentially, it's a tool to manage potential disputes between neighboring properties through a shared understanding and agreement about the existing impacts, uses, and continuation of those uses on their adjacent properties.
In the context of an existing land use with a new residential development nearby such an easement is aimed at balancing and protecting both the existing and proposed uses of land. This type of easement can help preserve the functionality and integrity of the original land use—such as agriculture, conservation, or recreational land—while accommodating the needs of a new residential community. Collaborative easements are designed to prevent conflicts between differing land uses and maintain harmony among stakeholders, allowing each use to coexist.
2. How are Collaborative Land Use Easements Different from Traditional Easements? Collaborative land use easements differ from traditional easements in several key ways, particularly in its purpose, structure, and flexibility. While traditional easements typically focus on granting a specific right of use or restricting certain activities on a property, collaborative land use easements aim to foster a cooperative balance between multiple, potentially competing land uses, with an emphasis on collaboration and mutual benefit.
Traditional Easements: Collaborative Use Easements:
Typically serve a single, straightforward
purpose—such as allowing access across a
property (e.g., access easement), placing
utility infrastructure (e.g., utility
easement), or restricting development to
conserve natural features (e.g.,
conservation easement). They are often
unilateral, where one party gains a benefit
or right over another’s property.
Go beyond a single purpose by balancing
multiple land uses, often including both
conservation and compatible development
goals. They are designed to accommodate
existing uses (such as agriculture or industrial
operations) alongside new, potentially
conflicting uses (like residential
developments). Their primary focus is on
conflict prevention, sustainable land
management, and fostering harmonious coexistence between different stakeholders.
Typically involve only two parties—an
easement holder (who gains the benefit or
right) and the landowner (who grants it).
The agreement is often one-sided, with the
These easements often involve multiple
stakeholders, including landowners,
developers, conservation groups, local
governments, and sometimes community
organizations. They are structured as a
152
Item 8.
holder benefiting and the landowner
accepting restrictions or responsibilities.
cooperative agreement where all parties
collaborate, contributing resources, expertise,
or shared responsibilities. This approach aims
to balance competing interests and foster
ongoing cooperation.
Usually have fixed terms that specify
allowed and restricted activities, often
with little room for adaptation as land use
needs or conditions change. Amendments
are typically limited
Are more flexible and are often structured to
allow adaptive management over time. They
may include provisions for regular reviews,
potential amendments, and modifications
based on changing conditions or community
needs. This flexibility makes them better suited
for complex situations where land uses may
evolve, such as accommodating new
technologies or addressing unforeseen impacts
on residential developments.
Dispute resolution provisions in
traditional easements are often limited,
with conflicts typically resolved through
legal enforcement by one party against the
other if there is a violation.
Given their focus on coexistence, collaborative
easements may include structured conflict
resolution processes to address potential
issues. These might include mediation,
arbitration, or regular stakeholder meetings,
designed to address impacts of land use or
disputes (like noise, light, or odor complaints)
before they escalate. This focus on
collaboration can prevent costly legal disputes
and support long-term relationship-building
between the parties.
The scope is often narrow, with
provisions focusing strictly on access
rights, utility installation, or conservation
restrictions.
Contain a broader range of provisions,
addressing elements that could include buffer
zones, additional setback requirements,
mitigation of the effects of existing acivities,
cooperative funding for shared infrastructure
(e.g., road maintenance or fencing), and
provisions for educating new residents about
potential impacts of nearby land uses. This
broader scope allows for a comprehensive
approach to managing land use interactions.
3. When are Collaborative Land Use Easements Particularly Effective? A collaborative land use easement is especially useful in scenarios where:
• An established land use (e.g., agriculture, conservation land, or industrial site) is adjacent to a proposed residential development that may be impacted by or impact the current land activities.
153
Item 8.
• There is a need to protect the operational capacity of the existing land use while minimizing any potential conflicts with new residential inhabitants. • Stakeholders desire a mutually beneficial agreement to balance conservation, operational, or recreational land uses with residential needs. • Concerns arise about impacts from existing use (such as noise, odors, or light) that could affect new residents that might result in complaints from residents if they are not disclosed with particularity, discussed and addressed.
4. What Are the Main Advantages of Using A Collaborative Land Use Easement in this Context?
1. Future Conflict Prevention: Establishes clear terms to prevent disputes between the existing and new uses, addressing issues such as noise, odor, or other potential impacts from existing activity.
2. Protection of Existing Use: Helps safeguard the viability and operational needs of the existing land use, ensuring that it can continue without undue restrictions imposed by residential encroachment.
3. Enhanced Land Value for Both Uses: By ensuring compatible and well-managed uses, the easement can help maintain or even increase the land value for both the existing use and the new residential development.
4. Clear Boundaries and Expectations: Provides defined guidelines on the responsibilities and expectations for both landowners and residents, fostering a harmonious environment.
5. Community Support and Engagement: Encourages cooperation between stakeholders and can help build community goodwill by addressing potential conflicts upfront.
5. What Should Be Included, at Minimum, in a Collaborative Land Use Easement? A collaborative land use easement should be drafted in consideration of the following potential included provisions:
1. Identification of Parties and Stakeholders: Clearly identify all parties involved, including the existing landowner, developers of the new residential area, and any relevant local authorities or organizations.
2. Purpose and Objectives: Define the specific objectives, such as protecting the operational needs of the existing land use, minimizing residential impacts, and fostering coexistence between both uses.
3. Allowed and Restricted Uses: Detail any uses allowed on each parcel (e.g., continued farming operations, residential development restrictions) and specific prohibited activities that might disrupt the existing or proposed land use.
4. Specific Impacts from Existing Uses: A particularized and sufficiently detailed listing of impacts from existing uses should be prepared by existing landowners and attached as an exhibit.
5. Buffer Zones or Setbacks: Establish buffer zones or setbacks to physically separate the existing land use from the residential development, minimizing any impacts.
6. Impact Mitigation Provisions: Include any provisions to help mitigate or address the impacts that existing uses may have on the adjacent property (e.g., dust, noise, odors) from the existing land use and clearly state that new residents accept these potential impacts as part of the agreement.
154
Item 8.
7. Responsibilities of Each Party: Outline the roles and responsibilities of each party, such as maintenance, monitoring of compliance, and any necessary adaptations to minimize impacts.
8. Monitoring and Enforcement: Define how compliance with the easement terms will be monitored and enforced, including the roles of each party in addressing any potential conflicts that may arise.
9. Financial Provisions: Include any funding or cost-sharing arrangements, particularly for buffer zones, impact mitigation, and long-term maintenance of shared boundaries.
10. Amendments and Transfer Provisions: Describe how the easement can be amended if needed, allowing flexibility to adapt as conditions or land uses evolve over time.
11. Duration and Termination: Specify the duration of the easement (often perpetual) and outline any conditions under which it may be modified or terminated.
12. Notice Requirements: Specify that any new or prospective buyer or renter in a residential development is to be notified of the existence of the Collaborative land use easement and the impacts of the prior existing uses on adjacent properties. Include who is required to provide those notices, when and how they are to be provided.
155
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
November 13, 2024
Brian Ring, City Administrator-Clerk
Kayla Reaster, Assistant City Clerk
City of Oroville
1735 Montgomery Street
Oroville, California 95965
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
[email protected]
VIA ELECTRONIC MAIL
Subject: RCM Investments LLC, Response to Pacific Coast Producers Appeal (PL2410-002) to the Oroville City Council to Overturn the Oroville Planning Commission Approval of the Gold Creek Commons Mixed-Use Project Tentative Subdivision Map (TSM24-01).
Dear Clerk of the City of Oroville:
On October 4, 2024, the law firm of Harrison, Temblador, Hungerford, and Guernsey (David P.
Temblador, Esq) filed an appeal to the Oroville City Council, in accordance with Title 17 Zoning Code, Chapter 17.56 Enforcement and Administration, Subsection 17.56.100 B. Appeals to City Council, on behalf of their client Pacific Coast Producers (PCP) concerning the Oroville Planning Commission’s approval of Gold Creek Commons Mixed Use Project Tentative Subdivision Map (TSM24-01).
PCP is requesting the City Council overturn the Planning Commissions Approval of the Tentative Subdivision Map and Conditionally Approve the Tentative Subdivision Map with the added condition of requiring the Applicant (RCM Investments LLC) to record a PCP Nuisance Easement over the Gold Creek Commons Mixed-Use Project Site on behalf of PCP to conserve, protect, enhance, and encourage PCP’s agricultural industrial operations located at 1601 Mitchell Avenue, Oroville, California. PCP recognizes residents or users of property located near the PCP operations may at times be subject to inconvenience or discomfort arising from the PCP operations, including, without limitation: “Noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of agricultural wastes associated with the canning process of fruits.” RCM Investments LLC, requests the City Council Uphold the Oroville Planning Commission Approval of the Gold Creek Commons Mixed Use Project Tentative Subdivision Map and deny the PCP request to require a PCP Nuisance Easement for the following reasons:
156
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
Pacific Coast Producers Land Use is Nonconforming To Title 17 Zoning Regulations of the Oroville Municipal Code
On March 31, 2015, the PCP site’s General Plan Land Use Designation was amended via the Oroville General Plan update. At which time, the City of Oroville designated the site as a “Mixed Use,” General Plan land use designation, which is the same as that of the Gold Creek Commons Mixed Use Project Site, ensuring no potential conflict between the two properties. In addition, Title 17 Zoning Code for the City of Oroville applied “MXC Corridor Mixed Use” zoning classification on both properties (PCPs and Gold Creek Commons). Title 17 of the Municipal Code, Section 17.34.010, “Intent of mixed-use districts,” states: “MXC: Corridor Mixed-Use. To support an integrated and attractive network of commercial, employment, and residential uses along Oroville's major thoroughfares. (Ord. 1819 § 8, 2017).” PCP is only allowed in the MXC zoning classification by Use Permit under the Table
17.34.020-1 “Allowed Uses in Mixed Use Districts, Subheading “Manufacturing, Wholesale, Repair, and Storage” Land Use Category: Food or beverage production. Because PCP existed prior to the MXC zone being applied on PCP property, PCP operations became a nonconforming land use. To date PCP continues to operate as a nonconforming land use and has not requested a Conditional Use Permit.
By PCP’s own description of their operations which produce noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of agricultural wastes associated with the canning process of fruits which can be offensive does not constitute the intent of MXC zoning and again granting PCP request to require a “Nuisance Easement” on RCM Investments LLC’s, properties is in violation of above stated intent of the MXC zoning regulations.
Section 17.48.090 Nonconforming Uses and Structures states: “A. General. If a building, structure or land use existed lawfully at the time when it was erected or initiated, but it does not conform to the current regulations of the zoning district in which it is located, it may be continued, subject to the provisions of this section. B.
Nonconforming Uses. 1. The enlargement or relocation of a nonconforming use on the same parcel may be allowed upon approval of a use permit. Before granting a use permit to enlarge or relocate a nonconforming use, the planning commission shall find, based on substantial evidence, that the benefit to the public health, safety or welfare exceeds any detriment inherent in such a change. In addition, the conditions of approval for the use permit shall state that the new use is a nonconforming use and is subject to this section's requirements for nonconforming uses. 2. A nonconforming use may be changed to a different nonconforming use of the same nature, or a less-intensive or morerestricted nature, upon approval of a use permit. The conditions of approval for the use permit shall state that the new use is a nonconforming use and is subject to this section's requirements for nonconforming uses. 3. If a nonconforming use has been discontinued for at least one year, any future use of the site shall be in conformity with the provisions of the district in which it is located, as well as all other applicable requirements of this title. For multiple-tenant buildings, this requirement shall apply when more than 50% of the multiple-tenant building's gross floor area has been unoccupied for one year.”
PCP expanded, relocated various components, and modified their nonconforming use illegally with Building Permits: B1610-037, B1612-014, B1701-004, and B2303-105. These various expansions, relocations, and modification projects were done without a Use Permit in violation of Section
17.48.090 and without the City making the findings that such an expansion, relocations, and modification of a nonconforming land use would “benefit to the public health, safety or welfare exceeds any detriment inherent in such a change.” The requested PCP Nuisance Easement is an admission of PCP 157
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
activities of expansion, relocations, and modifications of the nonconforming use being detrimental to the public health, safety, and welfare, thus precluding the ability to qualify for a Use Permit.
Immediately adjacent to Gold Creek Commons Mixed Use Project Site the City of Oroville owns
2.75 acres (Butte County Assessor’s Parcel Number (APN) 035-450-012) which separates the Gold Creek Commons Mixed Use Project Site from PCP properties. However, the City of Oroville leased APN 035-450-012 to PCP on May 1, 1986, for 40 years for a lump sum amount of $28,000 or $58.33 dollars per month. This lease was done on General Plan Land Use Designated Land of “Public/Quasi Public,” which does not allow an “Agricultural Industrial Land Use.” Page 3-32 of the Oroville General Plan states: “7. Public Facilities and Services: This designation refers to schools, governmental offices, the Oroville Municipal Airport, local cemeteries and other facilities that have a unique public character.
Governmental facilities that are similar to private offices or industrial facilities are not shown as public. Places of religious assembly are not shown on the General Plan Diagram.” The City’s General Plan does not contemplate agricultural industrial facilities (PCP) in the Public/Quasi Public Land Use Designation. Thus, the requested PCP Nuisance Easement would promote agricultural industrial activity across the City Owned Land and onto RCM Investments LLC’s land which is expressly excluded from the Public/Quasi-Public Land Use Designation on the City Land. The City is compelled by the California Government Code Section 65860, Planning Laws to reject this PCP Nuisance Easement request as being in conflict with the General Plan. PCP’s agricultural industrial bone yard is not a permitted land use in the PQ Zoning District. In addition, the agricultural industrial bone yard maintained on the City leased land is in violation of the City/PCP Lease Agreement dated May 9, 1986, which states in Section 7 Obligations of Lessee B. “LESSEE agrees, at its own expense, to cause the lands leased … to be maintained in a presentable condition consistent with good business practice.” Maintaining an industrial bone yard on PQ zoned land is not only a violation of the Oroville Title 17 Zoning Regulations, but also a violation of the agreements in the City/PCP Lease. Clearly an industrial bone yard does not constitute presentable conditions nor good business practice in Downtown Oroville. Requiring a PCP Nuisance Easement to carry out agricultural industrial activities (Industrial Bone Yard) on PQ zoned land with a lease from the City for PQ property would be a violation of Title 17 Zoning Regulations. The City owned land, PQ zoned (2.75 acres) provides a larger buffer between the PCP’s nonconforming land use and Gold Creek Commons Mixed-Use Project Site if the City and PCP comports to the Municipal Code Title 17 Zoning.
Furthermore, granting the PCP Nuisance Easement request will also violate Oroville General Plan Policies concerning nonconforming land uses. The Oroville General Plan policy P1.5 expressly states: “Encourage non-conforming land uses to relocate or redevelop in accordance with current land use and zoning designations.” Thus, the City instructed by General Plan Policy to do nothing that will encourage the continued nonconforming land use such as requiring a nearby property owner (RCM Investments LLC) to record a “Nuisance Easement” on behalf of PCP to protect the nonconforming land use over the entitled mixed use land use of the General Plan and Title 17 Zoning Regulations.
Granting a PCP Easement Request is in Violation of General Plan General Plan Vision Statement Page 2-1:
158
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
1. “Oroville Dam Boulevard, Olive Highway, Ophir Road and Grand Avenue will be vibrant mixed-use corridors, allowing more people to live close to their jobs and other services that will be available along these roadways.”
Finding: The PCP requested Nuisance Easement over RCM Investments LLC land is contrary to encouraging and carrying out the implementation of this Vision statement calling for vibrant mixeduse development and allowing people to live close to their jobs and other services. By granting the PCP requested Nuisance Easement the City will be showing preference for the old agricultural industrial land use and not supporting the new vision adopted for the city called out in General Plan Vision Statements. By granting the Nuisance Easement demanding the new residents of the planned mixed-use development suffer PCPs noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of agricultural wastes associated with the canning process of fruits would be detrimental and perhaps damning which would cause the proposed mixed-use project to never be built in violation of the General Plan Vision Statement.
2. “Much of the new growth in the City will occur as infill development sensitively designed to enhance the community’s character.”
Finding: The proposed Gold Creek Commons mixed use development was reviewed by the Oroville Development Review Committee established under Oroville Municipal Code Title 17 Zoning, Chapter
17.52 Development Review and found to enhance the community character. The Development Review Committee also reviewed the Site Plan and Subdivision Map in accordance with Section 17.52.040 Review of Applications, C. Standards of Review, in light of the requirements of the General Plan, and applicable specific plans, as well as the requirements of the Oroville Municipal Code, and all design guidelines adopted by the Oroville City Council and found the site plan and subdivision map to be in compliance. The Design Review Committee, however, violated the Oroville Municipal Code when it failed to issue a Notice of Decision as required by Section 17.52.050 of Title 17 Zoning Code.
PCP made no appeal of the Design Review Committees findings as stipulated in Section 17.52.050 B.
Appeals. The Design Review Committee did not contemplate a nuisance easement which will modify the surrounding land use activities to allow a nuisance and deter enhancement of the community character. Nor did PCP at that time request the Design Review Committee to consider a Nuisance Easement, but rather only requested that the site plan be modified to remove residential dwelling units immediately adjacent to the City of Oroville’s 2.75-acre PQ zoned parcel, which RCM Investments LLC accommodated at the direction of Wes Ervin, Oroville City Planner, who stated the City would withhold approval of the Project if PCP requests were not granted.
General Plan Guiding Principles Page 2-2
1. “Livability. Ensure that future development enhances the existing character of our city as a whole, as well as its individual neighborhoods, and has a positive effect on our surroundings and quality of life.” Finding: A PCP requested “Nuisance Easement” is contrary to the General Plan Guiding Principles quoted above. It requires not “Livability” but rather a lessening of property rights and protections under the General Plan and Zoning to accommodate a Nonconforming Land Use that has high potential to disrupt the livability of surrounding properties.
2. “A Vibrant Local Economy. Create a sustainable economy that serves all segments of the population.
Engage in economic development to encourage and retain businesses that provide a variety of job opportunities, quality goods and services, and a dependable tax base.” 159
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
Finding: The proposed Gold Creek Commons Mixed Use Project follows the General Plan and Zoning and will engage in economic development and variety of job opportunities (Full Time Jobs versus Part Time Seasonal Jobs at PCP) in concordance with the General Plan.
The PCP requested “Nuisance Easement” does not create a variety of job opportunities, does not provide sales tax, or quality goods and services, but rather, does the opposite by degrading the mixed-use zone and declaring to the owner that the PCP zoning code nonconformance operations takes priority over implementation of the General Plan and the Mixed-Use zoning codes.
3. “Recreation. Enhance recreational opportunities and facilities in Oroville for local residents and visitors.” Finding: The PCP proposed Nuisance Easement will impair the ability of Gold Creek Commons to have outdoor recreational opportunities associated with the mixed-use development if PCP can invade the Gold Creek Commons space with dust, odors, noise, and other nuisances by right of the requested PCP Nuisance Easement.
4. “Health and Safety. Work to ensure the health and safety of Oroville’s residents.” Finding: The PCP proposed Nuisance Easement does not ensure health and safety but rather provides a warning and threat that PCP operations despite being non-conformance with the current zoning code can pollute others (nearby) properties with dust, odors, diesel fumes, insects, rodents, and noise.
General Plan Policies
P1.5 Encourage non-conforming land uses to relocate or redevelop in accordance with current land use and zoning designations.
Findings: Granting the PCP Nuisance Easement is in direct conflict with the General Plan Policy P1.5 above. The City, when requiring conditions of approval on a Tentative Subdivision Map, must ensure all conditions are consistent with General Plan Policy. As demonstrated above, requiring the PCP requested Nuisance Easement for a nonconforming agricultural industrial land use would be in direct violation of General Plan Policies.
P1.6 Ensure all new development conforms to current land use and zoning designations.
Finding: The PCP operation is a nonconforming land use under the General Plan and Title 17 of the municipal code. The PCP requested Nuisance Easement is not ensuring development conforms to current land use and zoning laws and regulations. But rather it is allowing protection of a nonconforming land use which has illegally expanded without a Use Permit in accordance with Oroville Zoning Code Title 17, Section 17.48.090 Nonconforming Uses and Structures.
PCP Nuisance Easement Request Is Contrary to Purpose of Oroville Zoning Code Title 17 Title 17 Zoning Code, Section 17.04.050 Purpose of Title:
The purpose of this title is to provide specific guidelines for the development of the city in such a manner as to achieve progressively the general arrangement of land uses and implement the policies depicted in the general plan. More specifically, this title is intended to achieve the following objectives:
160
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
D. To divide the city into zoning districts of whatever number, shape and area are deemed best suited to carry out these regulations and provide for their enforcement; (The proposed PCP Nuisance Easement deters enforcement of the MXC zoning classification and carries out no legitimate purpose or objective of the City as outlined by the General Plan and Zoning Code.)
E. To protect, conserve, stabilize and enhance real property values and the city's natural assets; (the PCP Nuisance Easement if required by the City will only harm the RCM Investments LLC’s property value by placing a cloud over the property allowing nuisances which destroy the property owners’ rights of enjoyment of their property.)
H. To promote, protect and preserve the general public health, safety and welfare, and to implement the goals and objectives of the general plan for the City of Oroville. (The proposed Nuisance Easement violates the goals, objectives, and policies of the Oroville General Plan and does not promote public health, safety and welfare, but rather demands an exception for PCP agricultural industrial operations as a nonconforming land use in the Mixed-Use zones of the City.) Granting a PCP Easement Request is in Violation of the California Housing Accountability Act (California Government Code Section 65589.5
Under the California Housing Accountability Act (HAA) it is not lawful to require a Nuisance Easement as requested by PCP to protect a neighboring nonconforming land use on a housing project as proposed with the Gold Creek Commons Mixed Use Project, because such an easement is clearly not a valid objective standard. Current state housing law (e.g., Gov. Code § 65589.5 (d)) requires that any housing development project application, including any mixed-use zoned project, having residential unit(s) affordable to moderate-income households may only be conditioned/curtailed based upon objective standards, e.g., as defined in Gov. Code § 65589.5 (h)(8), and recent precedent has ruled that a PCP Nuisance Easement requirement is not an objective standard (HAA § 65589.5 (d) (1) and re CARLA v. City of San Mateo), therefore a nuisance easement may not be applied to any housing development projects subject to the HAA.
The PCP Nuisance Easement will make the Gold Creek Commons Mixed Use Project infeasible.
The PCP Nuisance Easement will lower the value and use of the Gold Creek Commons Mixed Use Project site because it grants PCP the right to use a portion of Gold Creek Commons Mixed Use Project lands in a way that can significantly disrupt the future property owner’s enjoyment and potential development of the property, by impacting its aesthetics and functionality, which can deter potential buyers and reduce the overall market value. Requiring the residents and owners of Gold Creek Commons to suffer the PCP nonconforming land use (Illegal Unpermitted Land Use) anticipated impacts of noise, odors, fumes, dust, smoke, insects, operation of machinery with the requested PCP Nuisance Easement clearly makes the project infeasible. The HAA, among other things, prohibits a local agency from conditioning approval in a manner that renders infeasible, a housing development project unless the local agency makes specified written findings based upon substantial evidence in the record. The HAA requires the findings of the City Council to be based on a preponderance of the evidence in the record (Oroville Planning Commission Hearing). The Oroville Planning Commission Hearing provides no evidence to support the requirement for a PCP requested Nuisance Easement as a condition of approval for the tentative subdivision map. 161
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
The Oroville Planning Commission Hearing was for the approval to subdivide property (Tentative Subdivision Map) for the purposes of carrying out a mixed-use housing project which was deemed consistent, compliant, and in conformity with all applicable plans, programs, policies, ordinances, standards, requirements, of the City of Oroville and State of California. The Oroville Planning Commission Hearing and approval decision was not to amend the land use policies (Zoning and General Plan) of the City to approve Gold Creek Commons Mixed Use Project. PCP is questioning the land use policies which are not subject to appeal and requests a special treatment land use policy just for PCP in the form of a City mandated and required PCP Nuisance Easement as a condition of approval of the Tentative Subdivision Map.
It is the requirement of the City of Oroville to require PCP to take reasonable steps to avoid pollution or other releases that harm either public or private property in land, air and water.
Furthermore, the Gold Creek Commons Property Owners Association (POA) should not be forced by the City to give away their rights through a mandated PCP Nuisance Easement for Tentative Subdivision Map approval. If necessary, in the future the Gold Creek Commons POA should have the right to seek a court order stopping PCP from engaging in harmful activities as may be appropriate.
Requiring PCP Nuisance Easement as Condition of Approval is Problematic The PCP requested Nuisance Easement effectively alters the City’s zoning laws to benefit a single company's (PCP) nonconforming land use while hindering other potential projects is considered a problematic practice, often criticized as "spot zoning" where a local government changes zoning regulations for a specific parcel of land to favor a particular single company, potentially creating an unfair advantage and potentially harming other development opportunities in the area. Approving the PCP Nuisance Easement requirement as a conditional approval of the tentative subdivision map will raise concerns among residents of Oroville and other Oroville stakeholders who feel the PCP Nuisance Easement requirement is not serving the broader community interest, but rather prioritizing the interests of a single entity (PCP). Clearly, the requested PCP Nuisance Easement is not in the public interest, but rather only PCPs. Clearly, the public and neighborhood is not requesting this PCP Nuisance Easement, but rather only PCP with no support of its neighbors.
In the 2014 Appeal Court decision in Foothill Communities Coalition v. County of Orange, in the Fourth District Court of Appeal, the court ruled that it is illegal to use the government land use police power for a single entity versus overall public interest. In that decision, the court cited Avenida San Juan Partnership v. City of San Clemente (2011) 201 Cal.App.4th 1256, [Emphasis added] requiring the record show that the (PCP Nuisance Easement) zoning is in the public interest. The Court rules that the City cannot require the PCP Nuisance Easement unless the City can document and show the City’s action was not “arbitrary or capricious, or totally lacking in evidentiary support,” and the City “made requisite findings to support its decision.” The Appellant (PCP) provided no findings to support the PCP requested Nuisance Easement, nor can the Oroville Planning Commission record support the Court required findings for the PCP Nuisance Easement request. It is clear the PCP Nuisance Easement only serves PCP nonconforming and unpermitted illegal expansion of their agricultural industrial operation (Unpermitted). No "findings" to establish that the PCP Nuisance Easement provides a 162
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
"public benefit" and is in the "public interest," has been provided. On the contrary we have provided evidence and findings in this Appeal Response Letter that the PCP Nuisance Easements violate the goals, policies, and objectives of the Oroville General Plan, HAA, and City Code Title 17 Zoning Regulations. We have shown that the PCP Nuisance Easement, if required by the City, will result in a discriminatory outcome or unjustified "private benefit." It is impermissible (illegal) to require a PCP Nuisance Easement if it’s discriminatory and provides a unique burden or intentional benefit to one landowner or resident over another.
RCM Investments LLC as a Good Neighbor has Amended the Gold Creek Commons Project at the Request of PCP and City Staff
RCM Investments LLC conducted a required public meeting in accordance with AB430 to receive input from the public. No public comments were made concerning the Project by any neighbors or citizens of Oroville during the AB430 Public Meeting. After the AB430 Public Outreach meeting, PCP approached Oroville City Planner, Wes Ervin, and requested that RCM Investments LLC amend the Gold Creek Commons Mixed-Use Site Plan by removing all commercial and residential development that was located on the north leg of the project site immediately adjacent to the 2.75 acres PCP leases from the City of Oroville. RCM Investments LLC was contacted by Wes Ervin and told that the City could not support the project unless RCM Investments LLC modifies the Project in accordance with PCP requests. Wes Ervin demanded that RCM Investments LLC remove three (3) buildings from the site plan, or 19,584 square feet of commercial space, and twenty-nine (29) residential units, despite his demands violated the Oroville Zoning Regulations, Oroville General Plan and the California Housing Accountability Act. RCM Investments LLC removed a row of buildings at an estimated loss of six ($6,000,000) million in profit for the mixed-use development to accommodate and promote the PCP nonconforming land use in violation of the Oroville Municipal Code and General Plan. In addition, RCM Investments LLC was requested by City Staff and PCP to amend the Gold Creek Commons Mixed-Use Development Covenants, Conditions, and Restrictions (CCRs). On Page 26 and 27 of the Gold Creek Commons CCRs, Article 4 Development Control, Architectural Approvals and Construction, Subsection 4.22 Declaration Acknowledging Right of Pacific Coast Producers to Operate, was authored by PCP and added to the CCRs as follows:
4.22 Declaration Acknowledging Right of Pacific Coast Producers to Operate.
This clause shall act as a disclosure statement to the prospective transferee of any property within Gold Creek Commons pursuant to Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the California Civil Code disclosing this chapter and the nature of its provisions. This disclosure statement is as follows:
SELLERS INFORMATION
The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agent(s) representing any principal(s) in this transaction to provide a 163
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.
The City of Oroville permits the operation of Pacific Coast Producers (PCP) agricultural processing facilities on neighboring properties to Gold Creek Commons in accordance with Title 17 Zoning, Chapter 17.16 Urban Agriculture, Section B3 Uses Permitted by Right, of the Oroville Municipal Code and California Civil Code Section 3482.5 California Agricultural Protection Act and has declared to conserve, protect, enhance, and encourage such agricultural industrial operations. Residents or users of property located near the PCP operations may at times be subject to inconvenience or discomfort arising from that operation, including, without limitation: “Noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of agricultural wastes associated with the canning process of produce and fruits.”
One (1) or more of these inconveniences or discomforts may occur as result of any properly conducted agricultural industrial operation at PCP facilities. In accordance with California Civil Code Section 3482.5 no activity of PCP that is operated in compliance with Division 3 (commencing with Section 3001) of the Food and Agricultural Code, shall be or become a private or public nuisance due to any changed condition in or about the locality, if it was not a nuisance at the time it began.
Furthermore, that inconvenience or discomfort arising from a properly conducted agricultural industrial operation on the PCP facilities will not be considered a nuisance for purposes of the City of Oroville Municipal Code or City regulations, and that residents or users of nearby Gold Creek Commons property should be prepared to accept such inconvenience or discomfort as a normal and necessary aspect of living adjacent to PCP.
This statement above shall not invalidate any provision contained in the California Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural industrial activities, operation, or facilities, or appurtenances of PCP constitute a nuisance, public or private, as specifically defined or described in any of those provisions.
Conclusion
RCM Investments LLC and their consultant Universal Engineering Sciences (UES) are cognizant of potential impacts to area residents and landowners from a project of this nature and have worked diligently with State and Local officials, regulatory agencies, and neighbors (PCP) to ensure that the proposed mixed-use project conform with all applicable laws, goals, and policies. Although we are confident that all potential impacts have been adequately studied and disclosed in the public record (including appropriate conditions of approval), RCM Investments LLC, and UES understand that the hundreds of pages of supplementary studies, plans, and surveys which the City of Oroville Planning Commission considered prior to approval of the Gold Creek Commons Mixed Use Project Site Plan and Tentative Subdivision Map may be difficult for our neighbors to parse. This letter has 164
Item 8.
Response to Appeal of Oroville Planning Commission Approval
GOLD CREEK COMMONS MIXED-USE PROJECT
TENTATIVE SUBDIVISION MAP APPROVAL (TSM24-01)
Oroville, California
November 13, 2024
3050 Industrial Boulevard, West Sacramento, CA 95691
p. 916.372.1434 | teamues.com
attempted to respond to the specific concerns of the Appellant by showing where these potential impacts have already been addressed and mitigated where appropriate in the existing application, as approved.
Mr. Temblador has raised his client’s (PCP) valid concerns pertaining to the approval of a major mixed-use project within the PCP neighborhood. However, all the objections enumerated in his impassioned appeal had already been anticipated and addressed by the Oroville Planning Commission and considered in the decision made by the Oroville Planning Commission in approving the Tentative Subdivision Map. Despite the Appellant’s ignorance of the PCP status as nonconforming land use, requirement for use permits for expanded nonconforming use, general plan policies, and Title 17 Zoning Code Regulations and government oversite, all these elements were discussed at numerous meetings between RCM Investments LLC and PCP and at the Public Hearing of the Oroville Planning Commission for approval of the Tentative Subdivision Map. In addition, all this information was made available to the public through the AB430 Public Outreach Meeting, on the City Website electronically, as well as hard copies for those that requested it. No evidence nor findings were presented by Mr. Temblador justifying the requested PCP Nuisance Easement requirement stipulated by the City. The failure of the Appellant to thoroughly and accurately consider the information available cannot be considered sufficient to question the reasonable and lawful actions of the City of Oroville Planning Commission.
Motion Request RCM Investments LLC respectfully request the City of Oroville City Council make the following Motion: Move that the Oroville Planning Commission’s Approval with Conditions of Tentative Subdivision Map (TSM24-01), be upheld, and to further direct that no PCP Nuisance Easement be required by the City of the Gold Creek Commons Mixed Use Project.
Universal Engineering Sciences (UES)
Brent L. Moore, CEP
Director – Permitting, Planning, and Environmental Sciences RCM Investments LLC
Josephine Pillai, President
President
165
Item 8.
166
Item 8.
167
Item i.
168
Item i.