Oroville City Council
December 17, 2024

December 17, 2024~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
December 17, 2024

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

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

To Observe the Meeting:

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

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

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

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

1. Attend the meeting in person

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

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

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

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

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

CLOSED SESSION
The Council will hold a Closed Session on the following:

1. Pursuant to Government Code section 54956.9(d)(2), the Council will meet with the City Administrator and City Attorney regarding potential exposure to litigation – Two cases. 1 December 17, 2024~4:00 PM Oroville City Council Meeting Agenda Page 2 of 7

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS
None this meeting.

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

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports

CONSENT CALENDAR
Consent calendar items 1 - XX 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. RESOLUTION HONORING BILL LAGRONE FOR OVER TWENTY-TWO YEARS OF

DEDICATED SERVICE TO THE CITY OF OROVILLE
The City Council shall consider adopting a resolution honoring Chief Bill LaGrone, for his over twenty-two years of dedicated service to the City of Oroville.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9334 - RESOLUTION HONORING BILL LAGRONE, CHIEF OF

POLICE, CITY OF OROVLLE, ON HIS RETIREMENT
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2. RESOLUTION CANVASSING AND DECLARING THE RESULTS OF THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 5, 2024
The City of Oroville conducted a General Municipal Election on November 5, 2024, in conjunction with the Statewide General Election. This election was held in accordance with the California Elections Code and the applicable provisions for municipal elections. The purpose of this election was to fill three seats on the City Council. Certified Election Results are shown in “Exhibit A”.

ACTION REQUESTED –
ADOPT RESOLUTION NO. 9332 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF OROVILLE, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL

ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 5, 2024, CANVASSING AND DECLARING THE RESULTS AND SUCH MATTERS AS PROVIDED BY LAW, AND AUTHORIZE THE MAYOR TO SIGN.

3. ELECTED OFFICIALS GUIDING PRINCIPLES HANDBOOK
The City Council shall consider adoption of Elected Official Guiding Principles handbook.

ACTION REQUESTED -
ADOPT ELECTED OFFICIALS GUIDING PRINCIPLES HANDBOOK.

4. REQUEST TO OPERATE BUSINESS OUT OF RESIDENCE
The City Council shall consider allowing Josiah Roe, who resides at 17 Westwood Way, to operate a business out of his residence.

ACTION REQUESTED -
APPROVE MR. ROE’S REQUEST TO OPERATE A MINN KOTA REPAIR BUSINESS FROM HIS HOME.

5. CONTRACT WITH AMERICAN ENGINEERING FOR RIGHT OF WAY ACQUISITION AND

PRELIMINARY ENGINEERING DESIGN FOR STREET AND DRAINAGE IMPROVEMENTS

IN SOUTHSIDE
The City Council shall consider accepting the proposal from American Engineering and consider approving a professional services agreement for the Real Estate Acquisition and Preliminary Engineering Design for street and drainage improvements in Southside.

ACTION REQUESTED -
ADOPT RES. NO. 9331 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING

AND DIRECTING THE MAYOR TO ACCEPT THE PROPOSAL AND ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN ENGINEERING, FOR RIGHT

OF WAY ACQUISITIONS AND PRELIMINARY ENGINEERING DESIGN FOR STREET AND DRAINAGE IMPROVEMENTS IN SOUTHSIDE IN THE AMOUNT NOT TO EXCEED $232,860.

IF GRANT FUNDS ARE AWARDED. IF GRAND FUNDS ARE NOT AWARDED, THE LEAP

FUNDS AND DRAINAGE IMPACT FEE FUNDS WOULD STILL BE USED TOWARD RIGHT OF WAY AND DRAINAGE IMPROVEMENT DESIGN.
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6. EXPENDITURE FOR LABORATORY ANALYSIS AND TESTING OF EVIDENCE The City Council shall consider authorizing the payment to Exponent Inc, for laboratory testing and analysis of evidence, in an amount not to exceed $29,120.00.

ACTION REQUESTED -

APPROVE THE PAYMENT TO EXPONENT INC, IN AN AMOUNT NOT TO EXCEED $29,120.00.

7. REASSIGNMENT OF EXISTING LEASE AT 250 AIRPORT BOULEVARD TO PACIFIC GAS

AND ELECTRIC
The City Council shall consider reassigning the existing lease at 250 Airport Boulevard from Oroville Industrial Holdings LLC to PG&E for industrial purposes.

ACTION(S) REQUESTED -

1. APPROVE THE LEASE ASSIGNMENT TO PG&E; AND

2. AUTHORIZE THE MAYOR TO SIGN THE APPROPRIATE DOCUMENTS ASSIGNING

THE LEASE TO PG&E

8. AGREEMENT WITH OURENERGY FOR RENEWABLE ENERGY SERVICES The City Council shall consider a proposal of an agreement with OurEnergy for technical consulting, engineering, and project development services.

ACTION REQUESTED -

DIRECT THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH OURENERGY FOR RENEWABLE ENERGY SERVICES TO FACILITATE THE CITY’S TRANSITION TO SUSTAINABLE, CLEAN ENERGY SOLUTIONS.

9. 2025 RECOLOGY SERVICE RATE INCREASE FOR THE COLLECTION AND DISPOSAL OF

SOLID WASTE
The City Council will receive an update on the Recology service rate increase for the collection and disposal of solid waste that will become effective January 1, 2025

ACTION REQUESTED -
ACCEPT FOR INFORMATION.
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10. LETTER TO STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES

REQUESTING ADDITIONAL SUPPLEMENTAL BENEFIT FUND FUNDING PENDING

LICENSE APPROVAL BY THE FEDERAL ENERGY REGULATORY COMMISSION The City Council shall consider sending letter to Department of Water Resources (DWR) requesting a 14th Amendment to the implementation agreement with DWR to secure annual funding of $800,000 or more, which will be deducted from the first or subsequent SBF disbursements once the FERC license is approved.

ACTION REQUESTED –
APPROVE THE ATTACHED DRAFTED LETTER AND AUTHORIZE THE MAYOR TO SIGN.

11. SURPLUS OF LEER CAMPER SHELL
The City Council shall consider declaring a Leer camper shell as surplus property. The camper shell, which was purchased in 2019 for use on a command vehicle, is no longer needed due to upgrades made to the Fire Department’s fleet of command vehicles. If declared surplus, the camper shell may be repurposed or transferred to another agency, such as the Nevada County Sheriff Search and Rescue team.

ACTION REQUESTED -

DECLATE THE LEER CAMPER SHELL AS SURPLUS PROPERTY AND AUTHORIZE ITS TRANSFER TO THE NEVADA COUNTY SHERIFF SEARCH AND RESCUE TEAM.

12. DONATION TO THE CHINESE TEMPLE
The City Council shall consider acknowledging the receipt of a donation to the Chinese Temple.

ACTION REQUESTED -

ACKNOWLEDGE RECEIPT OF THE DONATION FOR THE CHINESE TEMPLE AND RECOMMEND THAT THE CITY COUNCIL ACCEPT THE DONATIONS.

REGULAR BUSINESS

13. POLICE CHIEF RECRUITMENT
The City Council shall consider imitating a recruitment for the position of Police Chief.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9333 - RESOLUTION OF THE CITY COUNCIL OF OROVILLE,

CALIFORNIA INITIATING A RECRUITMENT FOR A PERMANENT POLICE CHIEF 5 December 17, 2024~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

14. EMPLOYMENT CONTRACT WITH JASON WINES FOR POSITION OF INTERIM POLICE CHIEF
The City Council shall consider entering into an employment contract with Jason Wines for the position of Interim Police Chief.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9336 – A RESOLUTION OF THE CITY COUNCIL OF OROVILLE, CALIFORNIA FOR 180-DAY WAIT PERIOD EXCEPTION (Gov. Code sections 7522.56 & 21221(h)) AND APPROVING AN EMPLOYMENT AGREEMENT WITH JASON WINES AS

INTERIM POLICE CHIEF FOR THE CITY OF OROVILLE

15. PROPOSAL FOR PURCHASE OF OPTICOM SIGNAL INTERRUPTERS FOR EMERGENCY

RESPONSE
The City Council shall consider the purchase of Opticom signal interrupters, which control intersection lights when public safety vehicles are approaching. The implementation of Opticom technology is aimed at reducing response times during emergencies and enhancing safety to our citizens and responders. These devices would be installed at 12 city traffic signal as well as 10 Caltrans traffic signal locations along Highway 162, enabling faster and safer passage for emergency vehicles through key intersections within the City.

ACTION(S) REQUESTED -

1. DIRECT STAFF TO PURCHASE AND INSTALL OPTICOM SIGNAL INTERRUPTERS AND VEHICLE EMITTERS (10) FOR UP TO 12 CITY TRAFFIC SIGNALS; AND

2. APPROVE BUDGET ADJUSTMENT FROM CONTINGENCIES FOR UP TO $53,000 (5/7 VOTE REQUIRED).

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]
None this meeting.
6 December 17, 2024~4:00 PM Oroville City Council Meeting Agenda Page 7 of 7 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. Cal Fire- Department Stat Report 12.01.24

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on January 7, 2025 at 7:00 p.m.

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

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

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: RESOLUTION HONORING BILL LAGRONE FOR OVER TWENTY-TWO

YEARS OF DEDICATED SERVICE TO THE CITY OF OROVILLE
DATE: DECEMBER 17, 2024

SUMMARY
The Council will consider adopting a resolution honoring Chief Bill LaGrone, for his over twenty-two years of dedicated service to the City of Oroville.

DISCUSSION
The Council will consider adopting a resolution honoring Chief Bill LaGrone, for his over twenty-two years of dedicated service to the City of Oroville. Chief LaGrone has decided to retire at the end of this year.

FISCAL IMPACT
None.

RECOMMENDATION
Adopt Resolution No. 9334 - RESOLUTION HONORING BILL LAGRONE, CHIEF OF

POLICE, CITY OF ORIVLLE, ON HIS RETIREMENT
ATTACHMENTS:

Resolution No. 9334
8 Item 1.

City of Oroville
Resolution No. 9334
Resolution Honoring Bill LaGrone, Chief of Police, City of Oroville, on His Retirement WHEREAS, Bill LaGrone has dedicated over two decades of exemplary service to the City of Oroville, demonstrating steadfast commitment, leadership, and professionalism in serving and protecting the community; and
WHEREAS, Bill LaGrone began his career with the City of Oroville on August 13, 2002, bringing with him a passion for public service and a commitment to excellence; and WHEREAS, his diligence and dedication to duty earned him a promotion to Sergeant on March 14, 2005, and further to Lieutenant on March 15, 2010; and WHEREAS, Bill LaGrone accepted the role of Interim Police Chief on July 1, 2010, and shortly thereafter, on November 2, 2010, was appointed as the permanent Police Chief, a position he held with distinction; and
WHEREAS, on July 16, 2013, he demonstrated his adaptability and leadership by assuming the additional responsibilities of Interim Fire Chief alongside his role as Police Chief, culminating in his appointment as Director of Public Safety (overseeing both Police and Fire departments) on October 15, 2013; and
WHEREAS, on July 16, 2019, Bill LaGrone was appointed as City Administrator, where he worked tirelessly to ensure the smooth and effective operation of the City’s government while continuing to serve in various capacities to meet the City’s needs; and WHEREAS, on June 14, 2022, in addition to his City Administrator responsibilities, he reassumed the duties of Police Chief, once again demonstrating his unwavering commitment to public safety; and
WHEREAS, on February 27, 2023, he returned to the role of Police Chief, dedicating himself fully to the position and continuing to lead the Oroville Police Department with integrity and purpose; and
WHEREAS, Bill’s passion and creativity led to numerous initiatives that have significantly helped the City (Municipal Law Enforcement program, City Works, Measure U); and WHEREAS, Bill’s sense of humor and wit were a trademark of his style; and WHEREAS, after more than 22 years of dedicated service to the City of Oroville, Bill LaGrone will retire on December 31, 2024, leaving behind a legacy of professionalism, innovation, and commitment to the betterment of the community he so faithfully served. 9 Item 1.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oroville does hereby express its deep appreciation and gratitude to Bill LaGrone for his outstanding contributions to the City and extends its warmest congratulations and best wishes for a welldeserved retirement filled with happiness and fulfillment.

PASSED AND ADOPTED this 17th day of December 2024.

AYES:

NOES:

ABSENT:

ABSTAINED:

FORM APPROVED AS TO:
________________________________
David Ritchie, Assistant City Attorney
ATTEST:
_________________________________ ____________________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 10 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: KAYLA REASTER, ASSISTANT CITY CLERK/ELECTIONS OFFICIAL RE: RESOLUTION CANVASSING AND DECLARING THE RESULTS OF
THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 5,
2024
DATE: DECEMBER 17, 2024

SUMMARY
The City of Oroville conducted a General Municipal Election on November 5, 2024, in conjunction with the Statewide General Election. This election was held in accordance with the California Elections Code and the applicable provisions for municipal elections. The purpose of this election was to fill three seats on the City Council. Certified Election Results are shown in “Exhibit A”.

DISCUSSION
The County Election Department managed the canvassing of the election results, and the certified results have been provided to the City. The election was properly noticed, and all legal requirements for its conduct were met. Voting precincts were established, and election officers were appointed as required by law.

The certified results, included as Exhibit "A" to the resolution, declare the following individuals as elected members of the Oroville City Council:
 Scott Thomson, City Council Member
 Janet Goodson, City Council Member
 Chuck Reynolds, City Council Member
Upon adoption of this resolution, the City Council will formally accept the certified results and declare the listed individuals as elected. The City Clerk will then be directed to attest to the adoption of the resolution.
11 Item 2.

FISCAL IMPACT
There is no significant fiscal impact associated with the adoption of this resolution.

ACTION REQUESTED –
ADOPT RESOLUTION NO. 9332 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF OROVILLE, CALIFORNIA, RECITING THE FACT OF THE GENERAL

MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 5, 2024, CANVASSING AND DECLARING THE

RESULTS AND SUCH MATTERS AS PROVIDED BY LAW, AND AUTHORIZE THE MAYOR TO SIGN.

ATTACHMENTS
Exhibit A – Certified Election Results
Resolution No. 9332
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CITY OF OROVILLE
RESOLUTION NO. 9332

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA,

RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 5, 2024,

CANVASSING AND DECLARING THE RESULTS AND SUCH MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election consolidated with the Statewide General Election was held and conducted in the City of Oroville, California, on Tuesday, November 5, 2024, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections; and WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council. The results are received, attached and made a part hereof as Exhibit "A".

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oroville, does resolve, declare, determine and order as follows:

Section 1. The election results set forth in Exhibit A are accepted, the following officers are declared elected:
1) Scott Thomson, City Council Member
2) Janet Goodson, City Council Member
3) Chuck Reynolds, City Council Member
Section 4. The City Clerk shall attest to the adoption of this Resolution.

Item 2.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on December 17, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

FORM APPROVED AS TO:
_____________________________ ___________________________ Dave Ritchie, Assistant City Attorney David Pittman, Mayor ATTESTED BY:
______________________________
Kayla Reaster, Assistant City Clerk

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Page: 12 of 12 1i/21/2020 8:,r/:32 AM
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADIMINISTRATOR
RE: ELECTED OFFICIALS GUIDING PRINCIPLES HANDBOOK
DATE: DECEMBER 17, 2024

SUMMARY
Council will consider adoption of Elected Official Guiding Principles handbook.

DISCUSSION
Staff were directed to develop a document that would be used by the City Council to provide framework and standards to promote ethical and responsible governance. City officials are expected to demonstrate the highest standards of personal integrity, honesty and conduct in all activities to inspire public confidence and trust. This handbook is not intended to be the end all be all for Council Members to refer to for every situation they may encounter. It is intended to provide some general guidance and framework.

The handbook was introduced for input at the December 3, 2024 City council meeting.

FISCAL IMPACT
None

ACTION REQUESTED
Adopt Elected Officials Guiding Principles handbook.

ATTACHMENTS
Guiding Principles Handbook.
34 Item 3.

City of Oroville City Council Guiding Principles Handbook Introduction
The purpose of this handbook is to establish a set of core principles that will guide the actions and decisions of elected officials. The handbook is intended to promote ethical and responsible governance, ensure compliance with the Ralph M. Brown Act, and provide a framework for effective decision-making that benefit the residents of Oroville.

Table of Contents

1. Role of the City Council and Oath of Office

2. General Policies and Expectations

3. Behavior and Etiquette

4. Brown Act Compliance

5. Meeting Protocols

6. Public Participation

7. Conflict of Interest

8. Transparency and Ethics

9. Staff Interactions

10.Consequences for Non-Compliance

11.Amendments and Updates
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1. Role of the City Council
The City Council is responsible for governing the City of Oroville by establishing policies, passing ordinances, and making decisions on behalf of the public. Council members represent the community and are tasked with ensuring that the City government operates effectively, ethically, and in the best interests of residents.

2. General Policies and Expectations
 Accountability: Council members should take responsibility for their actions and decisions and be transparent in their communication with the public and City staff.
 Respect: Council members should maintain respectful communication with each other, City staff, and members of the public, even in situations of disagreement.  Professionalism: The Council is expected to conduct itself with professionalism and integrity at all times, adhering to the ethical standards set forth in local and state law.
 Collaboration: Cooperation and teamwork are critical in decision-making processes to achieve the best outcomes for the city.

3. Behavior and Etiquette
 Respect for Others: Council members should be courteous and respectful during all official proceedings and interactions. Disparaging comments, personal attacks, or abusive language are strictly prohibited.
 Active Listening: Council members should listen attentively to each speaker during meetings and avoid side conversations, interruptions, or distractions.  Civil Discourse: All discussions should remain focused on the issue at hand, with an emphasis on solving problems constructively. Personal opinions should be expressed respectfully, and Council members should avoid inflammatory or accusatory language.
 Time Management: To respect everyone’s time, Council members should be prepared for meetings by reviewing agendas and documents in advance, ensuring meetings run efficiently.
 Public Communication: When representing the City of Oroville, Council members should maintain a tone of professionalism and diplomacy.  Staff Interactions: Understand that Department leadership take direction from a majority of the Council. Council Members should not give individual members of department leadership (or any employees) direction nor take up excessive staff 36 Item 3.
time that takes away from staff implementing the wishes of the Council (refer further to section 9).

4. Brown Act Compliance
The Ralph M. Brown Act (“Brown Act”) governs open meetings for local government bodies to ensure transparency in decision-making. The Oroville City Council is committed to complying fully with the Brown Act to maintain public trust.  Public Meetings: All Council meetings must be open to the public, except for closed sessions as permitted under specific conditions outlined in the Brown Act.

Some committees and subcommittees are also subject to the Brown Act.

Advisory committees composed solely of members of the legislative body that are less than a quorum of the legislative body are not subject to the Brown Act unless it’s a committee created by formal action that covers continuing subject matters. Ad hoc committee’s containing less that a quorum of the legislative body that are for a limited duration are not likely subject to the Brown Act.

Committees with less than a quorum of the legislative body that also include members of the public or staff, are subject to Brown Act.  Agenda Posting: Meeting agendas must be posted 72 hours before regular meetings and 24 hours before special meetings, outlining all items to be discussed or acted upon. No action can be taken on items not listed on the agenda.
 Quorum and Serial Meetings: Council members must avoid engaging in discussions impacting City business with each other outside of publicly noticed meetings where a quorum (majority of Council) could be present. Serial meetings, a series of private meetings where a majority of the Council commit to voting a certain way, are prohibited.
 Public Participation: The public must be given the opportunity to address the Council during open meetings. Time limits for public comments may be imposed to ensure orderly proceedings, but the public's right to participate must be respected.
 Closed Sessions: Closed sessions are allowed only for specific issues such as litigation, personnel matters, or real estate negotiations. Decisions made in closed sessions must be reported during the open session when required.

Discussions that happen during closed session are confidential and must not be shared.
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5. Meeting Protocols
 Chairing Meetings: The Mayor (or the Vice Mayor if Mayor is unavailable) will preside over meetings and ensure that the proceedings are orderly. Council members should respect the authority of the presiding officer and adhere to the established meeting procedures.
 Motions and Voting: Council members may introduce motions on any item listed on the agenda. A second is required for a motion to be considered. If multiple motions are made, voting shall take place according to Rosenberg’s Rules of Order. Voting is conducted openly, and the results are recorded in the meeting minutes.
 Public Hearings: For matters requiring public hearings, adequate notice must be provided to the community. All testimony, both written and verbal, must be taken into account before any final decision is made.
 Engagement with the public during meetings must be limited to agendized items.

Interest in a topic raised by a member of the public during public comments should be discussed at a later meeting after having the topic agendized appropriately.

6. Public Participation
 Public Input: The Council encourages residents to participate in the decisionmaking process by attending meetings and providing input on agenda items.

Public comment is permitted on both agenda and non-agenda items.  Written Comments: Members of the public may submit written comments to the City Clerk prior to meetings, which will be distributed to the Council and included in the record.
 Decorum: Members of the public are expected to conduct themselves respectfully during meetings. Disruptive behavior, including shouting or personal attacks, may result in removal from the meeting.

7. Conflict of Interest
Council members must adhere to all conflict-of-interest laws and disclose any personal, financial, or other interests that could affect their impartiality in decision-making. Council members must recuse themselves from participating in discussions or votes where a conflict of interest exists.
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8. Transparency and Ethics
 Transparency: Council members must conduct City business in a manner that is open and transparent to the public. This includes full disclosure of any pertinent information that may affect decision-making.
 Ethical Conduct (Assembly Bill 1234): Council members must follow ethical standards in all interactions, avoiding any appearance of impropriety or undue influence. Acceptance of gifts, favors, or other incentives that could sway official decisions is strictly prohibited as would be any promise for future gifts, favors, or incentives

9. Staff Interactions
The City Council as a body sets the policy and direction through the budget process and official actions taken by the Council. City staff are tasked with implementing that direction. While staff should provide Council members with data and information when requested, individual Council members need to understand their larger role as setting policy and shall not give individual direction to staff.

In order to respect the busy schedules of City staff, Council Members shall schedule meetings in advance (ideally 24 hours’ notice) with Staff (with notification to the City Administrator), should there be a desire to meet with them. To promote transparency, Council members should report out on conversations that take place with Staff during Council Announcements and Reports at City Council meetings.

10. Consequences for Non-Compliance
Failure to comply with these policies and the Brown Act can result in legal action, personal liability, sanctions, or censor by the Council. Violations of decorum or ethical standards can lead to censure or removal from Council committees.

This handbook is intended to be self-enforcing. Council members who repeatedly do not follow proper conduct outlined in the Elected Officials Guiding Principles Handbook may be formally censured by the Council or lose committee assignments. Individual Council members should point out to the offending Council member perceived infractions. If the offenses continue, the matter should be referred to the Mayor in private (unless the Mayors actions are being questioned, then the matter should be referred to the Vice Mayor). It would be up to the Mayor (or Vice Mayor) to initiate any actions. If no actions are taken, then the matter can be brought forward to the full Council.
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Council members who do not sign an acknowledgement that they have read and understand the Elected Officials Guiding Principles Handbook, shall be ineligible for committee assignments.

11. Amendments and Updates
This handbook will be reviewed and updated periodically to ensure compliance with changes in law and to reflect the evolving needs of the City of Oroville. Amendments must be approved by a majority vote of the City Council.

I affirm that I have read and understand the City of Oroville Elected Official Guiding Principles Handbook.

Signature Date
40 Item 3.

CITY OF OROVILLE

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

DEVELOPMENT
RE: REQUEST TO OPERATE BUSINESS OUT OF RESIDENCE
DATE: DECEMBER 17, 2024

SUMMARY
The City Council may consider allowing Josiah Roe, who resides at 17 Westwood Way, to operate a business out of his residence.

DISCUSSION
Mr. Roe obtained a City of Oroville First Time Home Buyer Loan in 2015. The loan agreement includes provisions that City Council approval is required if the borrower would like to conduct business from the residence. Mr. Roe would like to start a Minn Kota (small electric boat motor used for fishing at slow speeds) repair business servicing the City and surrounding area. Mr. Roe states in his request that the business should not have an impact on local traffic, and he will ensure compliance with all City laws, regulations, and standards. Mr. Roe has already begun the process of applying for a business license but had to put the process on hold pending Council approval of his request.

FISCAL IMPACT
There is no general fund impact.

RECOMMENDATION
Approve Mr. Roe’s request to operate a Minn Kota repair business from his home.

ATTACHMENTS
Letter of Request
41 Item 4.
42 Item 4.

CITY OF OROVILLE

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

DEVELOPMENT DIRECTOR

ALYSSA STUTZ, ASSISTANT PUBLIC WORKS DIRECTOR-CITY

ENGINEER
RE: CONTRACT WITH AMERICAN ENGINEERING FOR RIGHT OF WAY

ACQUISITION AND PRELIMINARY ENGINEERING DESIGN FOR

STREET AND DRAINAGE IMPROVEMENTS IN SOUTHSIDE
DATE: DECEMBER 17, 2024

SUMMARY
The Council may consider accepting the proposal from American Engineering and consider approving a professional services agreement for the Real Estate Acquisition and Preliminary Engineering Design for street and drainage improvements in Southside.

DISCUSSION
At the Council meeting on July 16, 2024, the City Council directed staff to apply for 2024 Community Development Block Grant (CDBG) Planning and Technical Assistance funds in the amount of $164,486 to complete Real Estate Acquisition and Preliminary Engineering Design for Southside. The CDBG grant would be supplemented with $43,755.80 in Local Early Area Planning (LEAP) grant funding and $60,000 from Drainage Impact Fee funds.

On October 31,2024, the City of Oroville Public Works Department released a Request for Proposal for Real Estate Acquisitions and Preliminary Engineering Design for Southside. The final product would detail the process to acquire right-of-way in Southside and complete 30% engineering plans, specifications, and an estimate for the design of a comprehensive drainage system and roadway enhancement project in South Oroville.

On October 31, 2024, a Request for Proposals (RFP) was published and posted on Public Purchase, in the Oroville Mercury Register and on the City’s website. All proposals were due on November 28, 2024.
43 Item 5.

The City received one (1) proposal from American Engineering in the amount of $223,860 to complete real estate acquisition and preliminary engineering. Staff is recommending the City enter into a Professional Services Agreement with American Engineering to complete the Scope of Work associated with the RFP.

FISCAL IMPACT
There is no general fund impact. If the grant is awarded, staff will return to council to establish a budget for this project. This project would appropriate $60,000 of Drainage Impact Fee funds, in which the current balance is $1,724,953.65.

RECOMMENDATION
Adopt Res. No. 9331 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO ACCEPT THE PROPOSAL AND

ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AMERICAN

ENGINEERING, FOR RIGHT OF WAY ACQUISITIONS AND PRELIMINARY

ENGINEERING DESIGN FOR STREET AND DRAINAGE IMPROVEMENTS IN SOUTHSIDE IN THE AMOUNT NOT TO EXCEED $232,860. IF GRANT FUNDS ARE AWARDED. IF GRAND FUNDS ARE NOT AWARDED, THE LEAP FUNDS AND

DRAINAGE IMPACT FEE FUNDS WOULD STILL BE USED TOWARD RIGHT OF WAY AND DRAINAGE IMPROVEMENT DESIGN.

ATTACHMENTS

1. Resolution No. 9331

2. Project Contract No. 3527 with Attachments

3. Bid Documents

4. Bid Opening Summary
44 Item 5.
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27 CITY OF OROVILLE
RESOLUTION NO. 9331
(Agreement 3527)

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO ACCEPT THE PROPOSAL AND ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT WITH AMERICAN ENGINEERING, FOR RIGHT OF WAY

ACQUISITIONS AND PRELIMINARY ENGINEERING DESIGN FOR STREET AND

DRAINAGE IMPROVEMENTS IN SOUTHSIDE IN THE AMOUNT NOT TO EXCEED $232,860. IF GRANT FUNDS ARE AWARDED. IF GRAND FUNDS ARE NOT

AWARDED, THE LEAP FUNDS AND DRAINAGE IMPACT FEE FUNDS WOULD STILL BE USED TOWARD RIGHT OF WAY AND DRAINAGE IMPROVEMENT DESIGN.

NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to accept and enter into a Professional Services Agreement with American Engineering, Inc. for right of way acquisitions and preliminary engineering design for street and drainage improvements in Southside in the amount not to exceed $232,860. .

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on December 17, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 45 Item 5.

CITY OF OROVILLE

AGREEMENT FOR PROFESSIONAL SERVICES
Agreement 3527
This Agreement is made on this___17__th day of _____December_________ 2024, at Oroville, California, by and between the City of Oroville, a California Charter City, 1735 Montgomery Street, Oroville California, 95965 (hereinafter referred to as the “CITY”) and American Engineering, Inc., 140 Yellowstone Dr., Ste. 110, Chico CA 95973 (hereinafter referred to as the “CONTRACTOR”).

RECITALS
A. The CITY proposes to contract for professional services as outlined below; B. The CITY conducted an RFP issued on October 31, 2024, and selected CONTRACTOR as the preferred service provider;
C. The CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; NOW, THEREFORE, the CITY and the CONTRACTOR, mutually agree as follows:

1. SERVICES.

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

2. TERM OF AGREEMENT.

The term of this contract shall commence upon execution by both parties and shall expire on June 30, 2028, unless extended in writing in advance by both parties.

3. TIME OF PERFORMANCE.

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

4. PAYMENT FOR SERVICES.

The CONTRACTOR shall be compensated in an amount not to exceed $223,860 for services provided pursuant to this Agreement as described in “Exhibit A” Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (45) days of the presentation of an invoice to the CITY for services performed to the CITY the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by theCITY.

Compensation may be limited in the event the City is not awarded the CDBG grant.

5. CONTRACT ADMINISTRATION.

5.1. The CITY’s Representative. Unless otherwise designated in writing, Alyssa Stutz, City Engineer, shall serve as the CITY’s representative for the administration of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.

5.2. Manager-in-Charge. For the CONTRACTOR, Chris Duffey, Principal Engineer shall be in 46 Item 5.
charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager in-charge shall not be replaced without the written consent of the CITY.

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

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

6. TERMINATION.

6.1. Termination for Convenience. Either party may terminate this Agreement in its entirety for convenience after providing the other party 30 days written notice in advance. Any or all finished or unfinished deliverables prepared by the CONTRACTOR under this Agreement shall, at the option of the CITY, become the property of the CITY.

6.2. Termination for Cause. If either Party materially defaults in the performance of any of its duties or obligations under this Agreement, the Party in default either (1) must substantially cure the default within thirty (30) days after written notice is given to the defaulting Party specifying the default; or (2) with respect to those defaults which cannot reasonably be cured within thirty (30) days, must commence curing said default within thirty (30) days, proceed with all due diligence, and substantially cure the default within ninety (90) days. If the defaulting party is unable to do so, the Party not in default may, by giving written notice of termination to the defaulting Party, terminate this Agreement as of a date specified in the notice of termination (the “Termination Date”), such Termination Date being subsequent to the date of the notice of termination.

7. INDEMNIFICATION.

Contractor shall indemnify and hold harmless CITY from and against all liability arising out of or in connection with Contractor's negligent or wrongful acts, errors or omissions in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement.

In the event that CITY is named as a party defendant in a lawsuit alleging injury as a result of Contractor’s negligent or wrongful performance under this Agreement, Contractor shall defend CITY with counsel approved by CITY, which approval will not be unreasonably withheld, and bear responsibility for attorney’s fees, expert fees and all other costs and expenses 47 Item 5.
of litigation. Should conflict of interest principles preclude a single lawyer from representing both CITY and Contractor, or should CITY otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and expenses of litigation. Contractor shall promptly pay any final, non-appealable judgment rendered against the CITY. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California but the indemnity obligation will exclude such loss or damage which is determined to be caused by the sole negligence or willful misconduct of the CITY.

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

8. INSURANCE REQUIREMENTS.

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

8.1.1. Workers’ Compensation Coverage. The CONTRACTOR shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation or nonrenewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for CITY. This provision shall not apply if the CONTRACTOR has no employees performing work under this Agreement. 48 Item 5.

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

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

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

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

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

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

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

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

8.2.4. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and 49 Item 5.
policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss will be available to the CITY.

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

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

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

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

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

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

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

8.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above. 50 Item 5.

9. ASSIGNMENT AND SUBCONTRACTING.

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

10. COMPLIANCE WITH LAWS, CODES, ORDINANCES, ANDREGULATIONS.

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

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

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

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

11. CONFLICT OF INTEREST.

The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The 51 Item 5.

CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.

12. NON-DISCRIMINATION.

This section is applicable to all Contracts and Subcontracts. 1) During the performance of this Contract, Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 2) The Contractor shall include the nondiscrimination and compliance provisions of this clause in all Subcontracts to perform work under the Contract. 3) The Contractor shall conform with requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR Part 1. No person in the United States shall, on the basis of race, color, national origin, sex or religion or religious affiliation, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available through this Contract. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S C 6101 et seq.) or with respect to an otherwise qualified individual with a disability as provided in the Americans with Disabilities Act, as applicable, (P L. 101 336, 42 U S C 12101 12213) or Section 504 of the Rehabilitation Act of 1973 (29 U S.C Section 794) shall also apply to any such program or Project.
4) Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6. Sample Language: The contractor shall affirm that no person on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Housing and Community Development Act.

Furthermore, the Contractor shall not discriminate in any way on the basis of age or on the basis of disability.

13. RECORDS AND AUDITS.
52 Item 5.

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

14. OWNERSHIP OF DOCUMENTS.

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

15. INDEPENDENT CONTRACTOR.

The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent unless that authority is expressly authorized in writing by CITY. By executing this Agreement, CONTRACTOR confirms and asserts that A) they shall be responsible to direct their own work and are free from CITY control in the precise manner and details of how the work is carried out; B) that the work performed by CONTRACTOR is understood to be outside the scope of the usual course of business carried out by the CITY; and C) that CONTRACTOR is customarily engaged in an independently established trade, occupation, or business of the same nature of that performed for the CITY.

If CONTRACTOR, at any time comes to believe that they are an employee and not an independent contractor, CONTRACTOR shall immediately notify the CITY of such belief. All work to be performed by CONTRACTOR under this Agreement shall be immediately suspended. Contractor agrees to indemnify and hold harmless the Company from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, provided that such claims arise out of or are based upon the Contractor's designation as an independent contractor and not as an employee of the Company. Contractor waives any right to recover from the Company any expenses or losses, including but not limited to those arising from claims that Contractor was misclassified as an independent contractor unless such indemnification is prohibited by law. In the event CONTRACTOR notifies CITY of a purported misclassification, the CITY may elect to immediately terminate this Agreement.

16. NOTICE.

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

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

CITY:
53 Item 5.

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

American Engineering
140 Yellowstone Dr., Suite 110
Chico, CA 95973
(530) 809-1315
Attention: Chris Duffey, Principal Engineer

17. GOVERNING LAW.

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

18. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended.

During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.

In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following:

1. A stipulation by the CONTRACTOR or subcontractors, that any facility to be utilized in the performance of any non-exempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.

2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under.

3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities.

4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions.

19. FEDERAL LOBBYING RESTRICTIONS
United States Code §1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal-aid contract, the making of any federal grant or loan, or the entering into of any cooperative agreement. If any funds other than federal funds have been paid for the same purposes in connection with this federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for federal-aid contracts regarding payment of funds to lobby Congress 54 Item 5.
or a federal agency is included in the proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the proposal.

Signing the proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lowertier contractors. An event that materially affects the accuracy of the information reported includes:
1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or 3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

20. DRUG-FREE WORKPLACE
Contactor, by signing this agreement, hereby certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988, as amended. This requirement is applicable to all Contracts and Subcontracts of $100,000 or more.

21. ENTIRE AGREEMENT; MODIFICATION.

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

22.RIGHTS TO INVENTIONS.

If Supplier is a small business firm or nonprofit organization, and is providing experimental, development, or research work under this transaction, Supplier must comply with the requirements of 3 CFR Part 401, “Rights to Inventions Made by nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements”.

Patent Rights. The CITY is the owner of all records and information created, produced, or generated as part of the services performed under this Agreement. CITY is the owner of any invention or discovery that is produced during the time of this contract and related to the project.

At any time during the term of this Agreement, at the request of County, CONTRACTOR and/or sub-contractor shall deliver to CITY all inventions, findings, writings, records, and information created or maintained pursuant to this Agreement. The term "writings" includes, but is not limited to, handwriting, typewriting, computer files and records, drawings, blueprints, printing, Photostatting, photographs, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, symbols, electronic files or combinations thereof.

Copyrights and rights in data.

This section is applicable to all Contracts and Subcontracts (a) Definitions. As used in this clause—
a. “Data” means recorded information, regardless of form or the media on which it may be recorded. The term includes technical data and computer software. The term does 55 Item 5.
not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. b. “Unlimited rights” means the rights of the GRANTEE to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose, and to have or permit others to do so.

23.DEBARMENT AND SUSPENSION.

A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (XXX), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” XXX Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

24. FEDERAL LOBBYING RESTRICTIONS.

United States Code §1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal-aid contract, the making of any federal grant or loan, or the entering into of any cooperative agreement.

If any funds other than federal funds have been paid for the same purposes in connection with this federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.

A certification for federal-aid contracts regarding payment of funds to lobby Congress or a federal agency is included in the proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the proposal. Signing the proposal shall constitute signature of the Certification.

The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.

The CONTRACTOR, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the CONTRACTOR, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or
3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.

25.CHILD SUPPORT COMPLIANCE ACT
CONTRACTOR acknowledges and agrees to the following:

The CONTRACTOR recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings 56 Item 5.
assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
The CONTRACTOR, to the best of their knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

26. REPORTS
Quarterly Reports. No later than ten (10) days after the end of each Quarter, CONTRACTOR shall submit the following quarterly reports on forms approved by the CITY:
(a) Performance Reports. A report on the summary of the Program Services and activities undertaken by CONTRACTOR under this Agreement for the previous Quarter (“Performance Report”). The Performance Report shall, at a minimum, describe the status of the operation of the Program with respect to each Program Service required to be performed and met during that Quarter, progress toward achieving the Program-Specific Performance Measurements identified in the Program Performance Measurement Plan, costs incurred, funds remaining, a narrative explanation of problems, delays, or adverse conditions which impaired the ability of CONTRACTOR to meet any obligations if any were not met, favorable developments which enabled CONTRACTOR to satisfy obligations and meet objectives sooner or at less cost than anticipated or producing more beneficial results that planned, and any additional pertinent information related to contract performance.
(b) Client Characteristics. A report on the number of clients served through the Program in the previous Quarter and on the characteristics of those clients with respect to gender, race, ethnicity, age, and family income, and any other basis for determining eligibility for participation in the Program.
(c) Program Income. A report on the program income generated for the Quarter, if any. The report shall include a description of the expenditures of program income and a progress report for the activities funded by the program income if CONTRACTOR is permitted to retain program income. (d) Other Reports. In addition to the reports referenced in this section, CONTRACTOR shall, at such times and in such forms as required by HCD, prepare and submit to the grantee, such other reports concerning the performance of the Program Services, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement and compliance with CDBG Requirements, as grantee may reasonably require from time to time.

27.RECORDKEEPING REQUIRMENTS.

Selected CONTRACTOR will keep adequate records and supporting documentation, which concern or reflect its services rendered under this agreement. Records subject to the provisions of California or local public records laws must be kept in accordance those laws, rules, or regulations.

All records and documentation will be retained by selected firm until the CITY has advised that records are no longer required to be stored. The CITY or any duly authorized agents or representatives of the CITY has the right to audit, inspect, and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the post-agreement period noted above; provided, however such activity will be conducted only during normal business hours. Upon completion of or termination of this agreement, the selected firm may transfer, at no cost, to the CITY all public records in possession of the selected CONTRACTOR related to the completion of the services rendered under this Agreement and shall destroy duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY.

28. WAIVER.

Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a 57 Item 5.
subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain correction or replacement of any defective or noncompliant work product.

29. EXECUTION.

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

30. AUTHORITY TO ENTER AGREEMENT.

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

IN WITNESS WHEREOF, the parties have executed this Agreement the 17th__day of December_____2024.

CONTRACTOR: APPROVED AS TO FORM:

Chris Duffey, Principal Engineer Scott Huber, City Attorney CITY OF OROVILLE:

Brian Ring, City Administrator
Agreement No. 3528
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JESS DARNELL, ASSISTANT CHIEF OF POLICE
RE: EXPENDITURE FOR LABORATORY ANALYSIS AND TESTING OF

EVIDENCE
DATE: DECEMBER 17, 2024

SUMMARY
The Council shall consider authorizing the payment to Exponent Inc, for laboratory testing and analysis of evidence, in an amount not to exceed $29,120.00.

DISCUSSION
Earlier this year a Police Department investigation required outside laboratory services for testing and analysis of evidence. The laboratory services were necessary to thoroughly investigate the case. The necessary services were not provided by the California Department of Justice. The analysis and testing are very specialized and expensive. The case is an active investigation.

Due to the cost of these services, it requires council authorization for payment.

FISCAL IMPACT
To be paid from outside service budget of the Police Department

RECOMMENDATION
It is recommended that the City Council approve the payment to Exponent Inc, in an amount not to exceed $29,120.00.
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CITY OF OROVILLE

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

WES ERVIN, CITY PLANNER
RE: REASSIGNMENT OF EXISTING LEASE AT 250 AIRPORT
BOULEVARD TO PACIFIC GAS AND ELECTRIC.

DATE: DECEMBER 17, 2024

SUMMARY
The City Council will consider reassigning the existing lease at 250 Airport Boulevard from Oroville Industrial Holdings LLC to PG&E for industrial purposes.

DISCUSSION
The existing vacant 55,000 square foot building at 250 Airport Parkway sits on 11 acres on Airport property across the street from Graphic Packaging. The facility is completely outside the fence and does not need to be airport related.

Oroville Industrial Holdings purchased the building in 2021 from Air Filtration, which had a 55-year ground lease until 2054. Oroville Industrial Holdings obtained a new lease assignment and paid off the entire existing lease in advance @ $1.00 per acre per year (=$11.00 per year for 32 years, or $352.00). Pacific Gas and Electric (PG&E) has now agreed to purchase the property. They will use the building to expand and improve its existing operations. Activities will include staging and warehousing for fire related work, expanding the existing Veatch Street Service Center, and enhancing regional service and maintenance capabilities.

A successful lease assignment requires evidence that the new operation will benefit the city economically. This project will do so, including:

1. The property must be used solely for commercial purposes, which will increase job opportunities in the Oroville area1. The building has been vacant for several years and would now be occupied by an active

1 Section 1.C of the original Air Filtration ground lease of 2 March 1999. 60 Item 7.

commercial/industrial use. New jobs may not initially be created, but existing employees will be transferred into the area. The new purchases, housing demand, school enrollment, fuel purchases, etc. will create a positive economic impact at the Airport and in town.

2. The use must be in conformance with a Certificate of Occupancy to be issued before PG&E moves in.2 Upon occupancy, Planning, Building, Fire, and Engineering will review and inspect to confirm that the facility is properly zoned, safe to occupy, and can handle the proposed uses.

The property is Zoned ABP (Airport Business Park), and the proposed use is appropriate. If manufacturing or any new structures are ever contemplated, a Use Permit would be triggered in that zone.

As a final note, PG&E has requested expedited processing of the lease assignment before the end of 2024 but has also suggested several changes to the existing lease terms. Two changes which staff recommend accepting include limiting lease increases to 25% over the life of the lease and allowing PG&E to be self-insured.

Otherwise, if PG&E considers any of the current lease terms to conflict with the Public Utility Commission’s regulatory requirements, staff will in good faith renegotiate a new lease to resolve any issues. Any new agreement will be brought to the Council for approval.

FISCAL IMPACT
None. The assignment does not require any fees or exactions. The ground lease has been prepaid until 2054.

ACTION REQUESTED -
Staff recommends the following actions:

Approve the lease assignment to PG&E; and
Authorize the Mayor to sign the appropriate documents assigning the lease to PG&E

ATTACHMENTS
1999 Ground Lease with Air Filtration

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Consent to Assignment and Mortgage of Leasehold Interest PG&E proposed uses for the site.
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1 CONSENT TO ASSIGNMENT AND MORTGAGE OF LEASEHOLD INTEREST This Consent to Assignment and Mortgage of Leasehold Interest ("Consent") is entered into this day of December, 2024, by and among the City of Oroville ("Lessor"), whose address is 1735 Montgomery Street, Oroville, CA 95965; Pacific Gas and Electric, a California corporation ("New Lessee"), whose address is ______________________, San Francisco, California, with reference to the following facts and objectives:

A. Lessor is the owner in fee simple of those certain premises (the "Premises") located in the City of Oroville, County of Butte, California, and more fully described in that Land Lease Agreement entered into between Lessor and Air Filtration Company, Inc., a California corporation (“Original Lessee”) dated March 2, 1999 (the “Ground Lease"), as disclosed by a Memorandum of Lease recorded December 22, 1999 as Serial No. 1999- 0052920 of Official Records of the Butte County Recorder. By virtue of said Ground Lease, Original Lessee enjoys a leasehold interest in the Premises.

B. Original Lessee and New Lessee entered into a Purchase and Sale Agreement, dated as of October xx, 2024 (the “Purchase Agreement”) for the sale and purchase of the entirety of Original Lessee’s leasehold interest under the Ground Lease, including without limitation the improvements constructed thereon.

C. New Lessee and Lender have entered, or are about to enter into, an agreement whereby Lender has financed a portion of the purchase price under the Sales Agreement and has acquired or will acquire a security interest in Lessee's leasehold interest in the Premises.

D. Lessor is willing to consent to (i) the sale and purchase contemplated by the Sales Agreement and (ii) the encumbrance of Lessee's leasehold interest (collectively, subsections (i) and (ii), the “Transactions”) in the Premises on the following terms and conditions.

NOW, THEREFORE, Lessor, Lessee and Lender agree as follows:

1. Lessor hereby consents to the Transactions, and New Lessee shall be deemed to be the Lessee for all purposes under the Ground Lease effective as of the date of closing under the Sales Agreement.

2. Lease Defaults. Should Lessee fail to pay rent or other monetary charges when due, Lessor agrees not to terminate the Ground Lease without giving Lender written notice of the default and an opportunity to cure the default within thirty (30) days from service of the notice. Should Lessee abandon or vacate the Premises or should Lessee fail to perform any other provision of the Ground Lease, Lessor agrees not to terminate the Ground Lease without giving any existing or future Lender written notice of the default and an opportunity to cure the default within sixty (60) days from service of the notice. If the default is one that cannot reasonably be cured by Lender within sixty (60) days, but is reasonably curable by Lender within some longer period, then Lessor shall not terminate the Ground Lease so long as acts to cure the breach or default are commenced within sixty (60) days from service of the notice and are thereafter 93 Item 7.
2 diligently continued by Lender. If the default is one that cannot reasonably be cured by Lender (such as insolvency, bankruptcy or other judicial proceeding against Lessee), Lessor will not terminate the Ground Lease so long as Lessor receives all sums due under the Ground Lease and Lender commences foreclosure proceedings within sixty (60) days from service of written notice of the default.

3. Foreclosure. Any existing or future Lender shall have the right to realize on the security afforded by the Lessee's leasehold interest in the Premises by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security agreement between Lessee and Lender as per the terms of the Deed of Trust and to (a) transfer, convey or assign the title of Lessee to the leasehold estate vacated by the Ground Lease to any purchaser at any foreclosure sale conducted pursuant to a power of sale contained in the Deed of Trust or pursuant to a court order and (b) acquire and succeed to the interest of Lessee under the Ground Lease by virtue of any foreclosure sale whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in the Deed of Trust; provided in each instance, however, that no use of the Premises may be made without the prior written consent of Lessor, which consent shall not unreasonably be withheld.

4. Priority of Leasehold Mortgage. Any Lease and Leasehold Mortgage thereon and all subleases of the Property shall be and remain superior in priority to any fee mortgage hereafter encumbering the Premises, and Lessor shall cause any fee mortgagee to execute and deliver to Lender a written subordination agreement in commercially reasonable form and substance reasonably satisfactory to Lender and any fee mortgage lender providing further assurance of the superior priority of the Lease and Mortgage.

5. Lender's Operation of Business. Any existing or future Lender shall have the right to do any act or thing required of Lessee under the Ground Lease, and any such thing or act done and performed by Lender shall be effective to prevent a forfeiture of Lessee's rights under the Ground Lease as if done by Lessee itself. Lender shall have no obligation to make payments under the Ground Lease to Lessor except with respect to the period of time within which Lender exercises dominion and control of the Premises. If Lender later forecloses or otherwise vacates the Premises, Lender will have no further obligation for the payment of rent to Lessor. Whether or not Lender enters into possession of the Premises for any purpose, Lessee will remain fully liable for all obligations under the Ground Lease.

6. Voluntary Termination. So long as any Lender holds a security interest in Lessee's leasehold interest in the Premises, Lessor and Lessee shall not modify or cancel the Ground Lease by mutual agreement without the written consent of Lender, which shall not be unreasonably withheld.

7. Notice. Any notice to any party hereunder shall be effective from the date of deposit in the United States mail, postage prepaid and addressed to the party at the address appearing above.

8. Disposition of Insurance Proceeds. Any existing or future Lender shall be permitted to be an additional insured and loss payee under any insurance policies carried by Lessee with respect to the Premises, except as to any proceeds for environmental contamination, ground contamination or any remediation related thereto. Any proceeds payable in the event of casualty 94 Item 7.
3 or any condemnation award to Lessee, except those proceeds relating to environmental contamination, ground contamination or any remediation related thereto, relating to the Premises (i) shall be paid over to Lender or a trustee and disbursed in accordance with the terms of Lender’s Leasehold Mortgage, and (ii) the Lease shall not be terminated or modified following and because of an event of a partial or total casualty without Lender’s consent.

9. FAA Grant Assurances. This Ground Lease is for property that is subject to the rules and regulations of the Federal Aviation Administration ("FAA"). Accordingly, this Consent to Assignment incorporates and is subject to the FAA Grant Assurances, as applicable to each party, a true and correct copy of which are attached as Exhibit "A" to this instrument.

This Consent is binding upon Lessor and Lessee and the successors and assigns of each and inures to the benefit of Lender and its successors and assigns. [signatures follow on next page]
95 Item 7.
4 IN WITNESS WHEREOF, the parties have executed this Consent as of the day and year first above written.

LESSOR:

CITY OF OROVILLE
By:_______________________________
Name: David Pittman
Title: Mayor
Date: __________________, 2024
LESSEE:

PACIFIC GAS AND ELECTRIC, a ____________________
California corporation
By: _____________________________
Name:

Title:

Date: _________________, 2024
LENDER:

By: Not applicable
Name:

Title:

Date: _________________,
96 Item 7.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: AGREEMENT WITH OURENERGY FOR RENEWABLE ENERGY

SERVICES
DATE: DECEMBER 17, 2024

SUMMARY
Proposal of an agreement with OurEnergy for technical consulting, engineering, and project development services.

DISCUSSION
OurEnergy specializes in the design, installation, and management of renewable energy systems and solutions including microgrids, solar power, and battery storage. Their services align with the City’s goals of reducing reliance on non-renewable energy sources and lowering greenhouse gas emissions along with cost-effectiveness & long-term savings. Through renewable energy systems, the City may have opportunities to reduce energy costs over time, achieving significant savings on utility bills and a return investment.

OurEnergy will ensure all systems are fully compliant with California's renewable energy standards and regulations, including the California Public Utilities Code and California Environmental Quality Act (CEQA).

FISCAL IMPACT
Funding for this service was not budgeted, however, there sufficient funding for his activity has been appropriated.

ACTION REQUESTED
Direct the City Administrator to enter into an agreement with OurEnergy for renewable energy services to facilitate the City’s transition to sustainable, clean energy solutions.

ATTACHMENTS
Attachment 1 OurEnergy Agreement
Attachment 2 Scope of Work Attachment A to the Agreement Attachment 3 Hourly Cost Sheet Attachment B to the Agreement 97 Item 8.

CITY OF OROVILLE

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on this ___th day of _____________, 2024, at Oroville, California, by and between the City of Oroville, a California Charter City, 1735 Montgomery Street, Oroville California, 95965 (hereinafter referred to as the “CITY”) and OurEnergy 101 Cooper St. Santa Cruz, Ca 95060 (hereinafter referred to as the “CONTRACTOR”).

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

1. SERVICES.

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

2. TERM OF AGREEMENT.

The term of this contract shall commence upon execution by both parties and shall expire on June 30, 2025, unless extended in writing in advance by both parties.

3. TIME OF PERFORMANCE.

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

4. PAYMENT FOR SERVICES.

The CONTRACTOR shall be compensated in an amount not to exceed $20,000, for services provided pursuant to this Agreement as described in “Exhibit B.” Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (45) days of presentation of an invoice to the DISTRICT for services performed to the DISTRICT’s satisfaction. The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the DISTRICT.

5. CONTRACT ADMINISTRATION.

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

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

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

6. TERMINATION.

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

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

7. INDEMNIFICATION.

Contractor shall indemnify and hold harmless CITY from and against all liability arising out of or in connection with Contractor's negligent or wrongful acts, errors or omissions in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. In the event that CITY is named as a party defendant in a lawsuit alleging injury as a result of Contractor’s negligent or wrongful performance under this Agreement, Contractor shall defend CITY with counsel approved by CITY, which approval will not be unreasonably withheld, and bear responsibility for attorney’s fees, expert fees and all other costs and expenses of litigation. Should conflict of interest principles preclude a single lawyer from representing both CITY and Contractor, or should CITY otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the CITY its costs of defense, including without 99 Item 8.
limitation reasonable attorney’s fees, expert fees and all other costs and expenses of litigation.

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

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

8. INSURANCE REQUIREMENTS.

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

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

8.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial 100
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general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

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

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

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

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

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

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

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

8.2.4. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the CITY in excess of the limits and 101
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coverage required in this agreement and which is applicable to a given loss will be available to the CITY.

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

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

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

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

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

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

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

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

9. ASSIGNMENT AND SUBCONTRACTING.
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Item 8.

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

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

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

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

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

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

11. CONFLICT OF INTEREST.

The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest 103
Item 8.
or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.

12. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.

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

13. RECORDS AND AUDITS.

The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative.

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

14. OWNERSHIP OF DOCUMENTS.

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

15. INDEPENDENT CONTRACTOR.

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

16. NOTICE.

All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. 104
Item 8.

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

CITY:

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

OurEnergy
101 Cooper St. Santa Cruz
Ca, 95060
Attention: __________________________

17. GOVERNING LAW.

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

18. ENTIRE AGREEMENT; MODIFICATION.

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

19. WAIVER.

Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain correction or replacement of any defective or noncompliant work product.

20. EXECUTION.

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

21. AUTHORITY TO ENTER AGREEMENT.

The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
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Item 8.

IN WITNESS WHEREOF, the parties have executed this Agreement the ____ day of ________________, 2024.

CONTRACTOR:
_____________________________________
{Name, Title}
CITY OF OROVILLE:
_____________________________________
Brian Ring, City Administrator
APPROVED AS TO FORM:
_____________________________________
Scott Huber, City Attorney
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Item 8.

Prepared For:

Patrick Piatt
Community Development Director
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
(530) 538-2430 x2402
cityoforoville.org
[email protected]
Prepared By:

OurEnergy
101 Cooper Street
Santa Cruz, CA 95060
831.200.3969
ourenergyco.com
SOW Date:

December 11, 2024
Project Title: City of Oroville Optimized Energy Plan
101 Cooper Street, Santa Cruz, CA 95060 | 831.200.3969 | ourenergyco.com 107 Item 8.

City of Oroville Optimized Energy Plan
Background:

The City of Oroville desires expert consulting assistance toward studying, developing, implementing, and managing a sustainable city-wide energy plan and projects that deliver increased advantages to the City’s financial, resilience, and community benefit goals. The City would like for these consulting services to be available on an ad hoc, on-call basis.

The City has been and continues to be presented with multiple opportunities to consider initiating potentially beneficial energy projects. These opportunities range from, for example:
● Structuring agreements with Pioneer Community Energy, a community choice aggregator (CCA) ● Identifying, qualifying and pursuing grant and incentive opportunities ● Evaluating proposals from developers, contractors, or vendors ● Appraising how to best utilize City-owned land and properties and liaising with stakeholders Proposed Approach & Scope:

OurEnergy offers top-tier, Owner’s Representative, techno-economic consulting, engineering, development, and project management expertise to assist the City across the entire spectrum of energy infrastructure topics. Our goal will be to assist the City toward cohesive and intelligent energy planning, program management, and project implementation support. OurEnergy’s intent will always be to provide objective advice, recommendations, and services that best serve the City’s interests.

The City may reach out to OurEnergy with individual work requests on an ad hoc basis. OurEnergy and the City will then negotiate the estimated scope, cost, and schedule to perform the work request. Upon City approval of the work request, OurEnergy will engage the work and invoice the City on a time & materials basis with a not to exceed total of $20,000. Invoices will be sent no more frequently than monthly, as work is performed.

Closing Notes
Thank you for the opportunity and trust to work with the City of Oroville toward energy opportunity evaluation, and toward the future of the City’s critical infrastructure. Please feel free to contact us with any questions.

Dustin Jolley | CEO, Founder & Principal
December 11, 2024 Page 1
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Item 8.

Schedule of Standard Billing Rates
Effective through December 2025
Professional Personnel ($/person-hour)
Managing Principal $340.00
Principal / Director $320.00
Sr. Project/Program Manager / Sr. Engineer / Sr. Professional $235.00 Project/Program Manager / Sr. Associate / Engineer $225.00 Associate / Professional $205.00
CAD/GIS Technician / Jr. Associate $170.00
Project/Program Administrator $95.00
Expert Witness Services $415.00
Reimbursable Expenses
Sub-Consultants Direct Cost x 1.10
Materials and Other Direct Costs Direct Cost x 1.10
Travel
Applicable Federal
Mileage Rate or Direct
Cost x 1.10
Per Diem Allowance
(may vary by location, not including Lodging) $220/day
101 Cooper Street, Santa Cruz, CA 95060 ● 831.200.3969 ● ourenergyco.com 109
Item 8.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: 2025 RECOLOGY SERVICE RATE INCREASE FOR THE

COLLECTION AND DISPOSAL OF SOLID WASTE
DATE: DECEMBER 17, 2024

SUMMARY
The Council will receive an update on the Recology service rate increase for the collection and disposal of solid waste that will become effective January 1, 2025

DISCUSSION
The City entered into a Franchise Agreement (Agreement) with Recology in 1993, for collection and disposal of solid waste and recyclable materials generated by homes and businesses in the City limits. This agreement was extended in November of 2022 for fifteen (15) years and runs through December 31, 2037.

Section 18.2 of the Agreement specifies that the fees collected by Recology shall be indexed to the United States Consumer Price Index (CPI) for the Water, Sewer and Trash Collection Services Index (WST Index) and shall be adjusted annually to reflect the yearly changes, if any, in the cost of living as shown in the CPI.

The intent of this Staff Report is to inform the Council of a 4% rate increase based on the CPI for the WST Index, that will become effective January 1, 2025. Recology, the City’s contractor for the collection and disposal of solid waste, has submitted this to the City pursuant to Section 18.3 of the Agreement for review Section 18.3 of the Agreement stipulates that the maximum rate adjustment provided in the agreement shall take effect without the need for approval by the City Council or City Staff.
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Item 9.

FISCAL IMPACT
No impact to the General Fund

RECOMMENDATION
For informational purposes only

ATTACHMENTS
Franchise Agreement,
Letter from Recology regarding rates;
Consumer Price Index Information; and
Recology Rate Increase Package for 2025.
111
Item 9.
112
Item 9.

Series Id:

Series
Title:

Area:

Item:

Base
Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug
2014 201.127 201.736 202.363 202.930 203.260 203.791 205.073 205.900 2015 210.090 210.981 211.468 211.987 212.729 213.299 213.986 215.560 2016 218.191 218.681 219.417 220.319 221.497 221.680 221.530 222.383 2017 226.235 227.001 227.360 227.883 228.445 228.803 229.186 229.664 2018 232.771 233.609 234.041 234.873 235.894 236.642 237.301 238.261 2019 241.356 241.743 242.459 243.284 243.880 244.516 245.042 245.297 2020 248.556 249.465 250.234 250.541 251.117 251.672 252.483 253.648 2021 257.389 258.448 259.094 259.502 259.812 260.689 261.795 262.402 2022 267.762 269.175 269.520 270.379 271.159 272.243 273.188 274.523 2023 281.078 283.302 284.060 285.009 286.651 287.790 289.100 290.493 2024 296.694 298.037 298.900 300.032 300.287 300.956 302.327 302.837 U.S. city average
Water and sewer and trash collection services
DECEMBER 1997=100
2013 to 2023
CPI for All Urban Consumers (CPI-U)
Original Data Value
CUSR0000SEHG
Seasonally Adjusted
Water and sewer and trash collection services in U.S. city average, all urban consumers, seasonally adjusted
113
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Sep Oct Nov Dec HALF1 HALF2
206.330 207.704 208.734 209.853
216.143 216.550 217.124 217.742
223.102 223.631 224.493 225.013
230.179 230.838 231.604 232.042
238.605 239.276 241.862 242.436
245.999 247.071 247.439 247.762
254.318 255.077 255.747 256.642
263.733 264.553 264.721 265.570
276.684 277.156 278.018 278.703
291.200 291.968 293.055 293.479
305.108 306.632
2022 271.007
2023 285.614
Increase 14.608 Base Rate HHaz AB939
Pct Incr 5.39% 5.39% 0.00% 0.00%
Maximum 4.00% 0.00% 0.00%
2024 299.862
Increase 14.248 Base Rate HHaz AB939
Pct Incr 4.99% 4.99% 0.00% 0.00%
Maximum 4.00% 0.00% 0.00%
Ostrom Rd Landfill
Solid Waste Rate 2024 $ 49.15
Solid Waste Rate 2025 $ 49.15
$ -

0.00%
114
Item 9.

Base Rate
Franchise
Fee
Hazardous
Waste Fee
AB939
Compliance
Fee
Total
Charges Base Rate
Franchise
Fee
Hazardous
Waste Fee
AB939
Compliance
Fee
Total
Charges
Basic SFD Cart Service
1 1-32G MSW, 1-64G Recycling, 1-96G -Organics $24.60 $2.86 $.51 $.63 $28.60 $25.31 $2.94 $.51 $.63 $29.39 2 2-32G MSW, 1-64G Recycling, 1-96G -Organics $34.87 $4.00 $.51 $.63 $40.01 $35.87 $4.11 $.51 $.63 $41.12 3 3-32G MSW, 1-64G Recycling, 1-96G -Organics $42.20 $4.82 $.51 $.63 $48.16 $43.38 $4.95 $.51 $.63 $49.47 4 1-64G MSW, 1-64G Recycling, 1-96G -Organics $32.94 $3.79 $.51 $.63 $37.86 $33.83 $3.89 $.51 $.63 $38.86 5 1-96G MSW, 1-64G Recycling, 1-96G -Organics $35.15 $4.03 $.51 $.63 $40.32 $36.09 $4.14 $.51 $.63 $41.37 6 Add'l 96G Cart MSW $10.93 $1.21 - - $12.14 $11.25 $1.25 - - $12.50 7 Add'l 64G Cart Recycling $6.48 $.72 - - $7.20 $6.74 $.75 - - $7.49 8 Add'l 96G Cart Greenwaste $9.05 $1.01 - - $10.06 $9.37 $1.04 - - $10.41 9 Back Yard Service $9.42 $1.05 - - $10.47 $9.80 $1.09 - - $10.89 Senior Citizen Rates
10 1-32G MSW, 1-64G Recycling, 1-96G -Organics $23.61 $2.75 $.51 $.63 $27.50 $24.28 $2.82 $.51 $.63 $28.24 11 2-32G MSW, 1-64G Recycling, 1-96G -Organics $33.88 $3.89 $.51 $.63 $38.91 $34.84 $4.00 $.51 $.63 $39.98 12 3-32G MSW, 1-64G Recycling, 1-96G -Organics - - - - - - - - - - 13 1-64G MSW, 1-64G Recycling, 1-96G -Organics $31.95 $3.68 $.51 $.63 $36.77 $32.80 $3.77 $.51 $.63 $37.71 14 1-96G MSW, 1-64G Recycling, 1-96G -Organics $34.16 $3.92 $.51 $.63 $39.23 $35.06 $4.02 $.51 $.63 $40.22 Other Charges
15 Call Back $8.95 $.99 - - $9.95 $9.31 $1.03 - - $10.34 16 Contamination Charge $8.95 $.99 - - $9.95 $13.50 $1.50 - - $15.00 17 Overage Charge $13.50 $1.50 - - $15.00
18 Extra Pickup Return Trip (On Collection Day) $12.93 $1.44 - - $14.36 $13.44 $1.49 - - $14.93 19 Extra Pickup Return Trip (Non-Service Day) $32.34 $3.59 - - $35.93 $33.63 $3.74 - - $37.37 20 Cart Replacement $96.97 $10.77 - - $107.74 $100.85 $11.21 - - $112.06 21 Cart Exchange $45.26 $5.03 - - $50.29 $47.08 $5.23 - - $52.31 22 Bulky Item Pickup
23 Trip Fee $51.70 $5.74 - - $57.45 $53.77 $5.97 - - $59.74 24 Each Item $19.39 $2.15 - - $21.55 $20.17 $2.24 - - $22.41 25 Freon Appliance $38.14 $4.24 - - $42.38 $39.67 $4.41 - - $44.08 Walk In Service
26 5 - 100ft $18.08 $2.01 - - $20.09 $18.81 $2.09 - - $20.90 27 101-200ft $25.86 $2.87 - - $28.74 $26.90 $2.99 - - $29.89 CURRENT RATES EFFECTIVE JANUARY 1, 2024 NEW RATES EFFECTIVE JANUARY 1, 2025

RECOLOGY BUTTE COLUSA COUNTIES

CITY OF OROVILLE

RESIDENTIAL RATES
City of Oroville Rates - Jan 1 2025-Residential Rates 1 OF 5 12/3/20249:58 AM 115
Item 9.

Container Type/Size or Service Type
Base Rate
Franchise
Fee
Hazardous
Waste Fee
AB939
Compliance
Fee
Total
Charges Base Rate
Franchise
Fee
Hazardous
Waste Fee
AB939
Compliance
Fee
Total
Charges

1.0 cubic yard bin
1 1 Time per Week $128.76 $14.31 - - $143.07 $133.30 $14.81 - - $148.11 2 2 Time per Week $240.96 $26.77 - - $267.73 $249.37 $27.71 - - $277.08 3 3 Time per Week $353.17 $39.24 - - $392.42 $365.46 $40.61 - - $406.07 4 4 Time per Week $465.26 $51.70 - - $516.96 $481.42 $53.49 - - $534.91 5 5 Time per Week $577.48 $64.16 - - $641.65 $597.51 $66.39 - - $663.90 6 6 Time per Week $744.56 $82.73 - - $827.29 $770.66 $85.63 - - $856.29

1.5 cubic yard bin
7 1 Time per Week $160.86 $17.87 - - $178.73 $166.37 $18.49 - - $184.86

2.0 cubic yard bin
8 1 Time per Week $193.87 $21.54 - - $215.41 $200.40 $22.27 - - $222.67 9 2 Time per Week $355.39 $39.49 - - $394.88 $367.15 $40.79 - - $407.94 10 3 Time per Week $516.89 $57.43 - - $574.32 $533.89 $59.32 - - $593.21 11 4 Time per Week $678.44 $75.38 - - $753.83 $700.68 $77.85 - - $778.53 12 5 Time per Week $840.03 $93.34 - - $933.37 $867.50 $96.39 - - $963.89 13 6 Time per Week $1080.22 $120.02 - - $1200.24 $1116.07 $124.01 - - $1240.08

3.0 cubic yard bin
14 1 Time per Week $258.92 $28.77 - - $287.69 $268.05 $29.78 - - $297.83 15 2 Time per Week $469.83 $52.20 - - $522.03 $486.17 $54.02 - - $540.19 16 3 Time per Week $680.74 $75.64 - - $756.38 $704.29 $78.25 - - $782.54 17 4 Time per Week $891.71 $99.08 - - $990.78 $922.47 $102.50 - - $1024.97 18 5 Time per Week $1102.61 $122.51 - - $1225.12 $1140.58 $126.73 - - $1267.31 19 6 Time per Week $1415.55 $157.28 - - $1572.84 $1464.82 $162.76 - - $1627.58

4.0 cubic yard bin
20 1 Time per Week $323.98 $36.00 - - $359.98 $334.49 $37.17 - - $371.66 21 2 Time per Week $584.30 $64.92 - - $649.23 $602.77 $66.97 - - $669.74 22 3 Time per Week $844.59 $93.84 - - $938.44 $871.02 $96.78 - - $967.80 23 4 Time per Week $1104.85 $122.76 - - $1227.62 $1139.24 $126.58 - - $1265.82 24 5 Time per Week $1365.12 $151.68 - - $1516.81 $1407.47 $156.39 - - $1563.86 25 6 Time per Week $1751.04 $194.56 - - $1945.60 $1806.36 $200.71 - - $2007.07

5.0 cubic yard bin
26 1 Time per Week $389.10 $43.23 - - $432.33 $401.59 $44.62 - - $446.21 27 2 Time per Week $698.74 $77.64 - - $776.38 $720.56 $80.06 - - $800.62 28 3 Time per Week $1008.39 $112.04 - - $1120.44 $1039.53 $115.50 - - $1155.03 29 4 Time per Week $1318.05 $146.45 - - $1464.50 $1358.51 $150.95 - - $1509.46 30 5 Time per Week $1627.96 $180.88 - - $1808.85 $1677.75 $186.42 - - $1864.17 31 6 Time per Week $2086.49 $231.83 - - $2318.32 $2151.56 $239.06 - - $2390.62

6.0 cubic yard bin
32 1 Time per Week $454.21 $50.47 - - $504.68 $468.70 $52.08 - - $520.78 33 2 Time per Week $813.18 $90.35 - - $903.53 $838.35 $93.15 - - $931.50 34 3 Time per Week $1172.23 $130.25 - - $1302.47 $1208.08 $134.23 - - $1342.31 35 4 Time per Week $1531.26 $170.14 - - $1701.41 $1577.80 $175.31 - - $1753.11 36 5 Time per Week $1890.78 $210.09 - - $2100.87 $1948.02 $216.45 - - $2164.47 37 6 Time per Week $2421.95 $269.11 - - $2691.06 $2496.76 $277.42 - - $2774.18 Commercial Carts (One Pickup Per Week)
38 1-32G MSW $20.36 $2.33 - $.63 $23.33 $21.07 $2.41 - $.63 $24.11 39 2-32G MSW $30.65 $3.48 - $.63 $34.75 $31.64 $3.59 - $.63 $35.86 40 3-32G MSW $37.96 $4.29 - $.63 $42.88 $39.14 $4.42 - $.63 $44.19 41 1-64G MSW $28.70 $3.26 - $.63 $32.59 $29.58 $3.36 - $.63 $33.57 42 1-96G MSW $30.93 $3.51 - $.63 $35.07 $31.86 $3.61 - $.63 $36.10 43 Add'l 96G Cart MSW $10.93 $1.21 - - $12.14 $11.25 $1.25 - - $12.50 CURRENT RATES EFFECTIVE JANUARY 1, 2024 NEW RATES EFFECTIVE JANUARY 1, 2025

RECOLOGY BUTTE COLUSA COUNTIES

CITY OF OROVILLE

COMMERCIAL RATES
City of Oroville Rates - Jan 1 2025-Commercial Rates 2 of 5 12/3/20249:58 AM 116
Item 9.

Debris Box Service (Per Haul Rate)
Base Rate
Franchise
Fee
Hazardous
Waste Fee
AB939
Compliance
Fee
Total
Charges Base Rate
Franchise
Fee
Hazardous
Waste Fee
AB939
Compliance
Fee Total Charges
1 3 Cubic Yards $176.40 $19.60 - - $196.01 $182.68 $20.30 - - $202.98 2 6 Cubic Yards $230.32 $25.59 - - $255.91 $237.97 $26.44 - - $264.41 3 15 Cubic Yards $405.65 $45.07 - - $450.72 $417.99 $46.44 - - $464.43 4 20 Cubic Yards $468.34 $52.04 - - $520.38 $481.89 $53.54 - - $535.43 5 30 Cubic Yards $637.83 $70.87 - - $708.70 $655.56 $72.84 - - $728.40 6 40 Cubic Yards $775.05 $86.12 - - $861.17 $795.68 $88.41 - - $884.09 7 Trip Charge $64.63 $7.18 - - $71.81 $67.21 $7.47 - - $74.68 Weight Allowances for Bins
(Weight included in Charges above) Pounds Tons Pound Ton Pounds Tons Pound Ton 8 3 Cubic Yards 825 0.413 0.0303 $ $60.56 825 0.413 0.0340 $ $67.96 9 6 Cubic Yards 1650 0.825 0.0303 $ $60.56 1650 0.825 0.0340 $ $67.96 10 15 Cubic Yards 4125 2.063 0.0303 $ $60.56 4125 2.063 0.0340 $ $67.96 11 20 Cubic Yards 5500 2.750 0.0303 $ $60.56 5500 2.750 0.0340 $ $67.96 12 30 Cubic Yards 8250 4.125 0.0303 $ $60.56 8250 4.125 0.0340 $ $67.96 13 40 Cubic Yards 11000 5.500 0.0303 $ $60.56 11000 5.500 0.0340 $ $67.96 Maximum Wt. / Bin Excess Weight Charge per Maximum Wt. / Bin Excess Weight Charge per

RECOLOGY BUTTE COLUSA COUNTIES

CITY OF OROVILLE

DEBRIS BOX RATES
CURRENT RATES EFFECTIVE JANUARY 1, 2024 NEW RATES EFFECTIVE JANUARY 1, 2025 City of Oroville Rates - Jan 1 2025-Debris Box Rates 3 of 5 12/3/20249:58 AM 117
Item 9.

Debris Box Service (Per Haul Rate)
Base Rate
Franchise
Fee
Hazardous
Waste Fee
AB939
Compliance
Fee
Total
Charges Base Rate
Franchise
Fee
Hazardous
Waste Fee
AB939
Compliance
Fee Total Charges
1 15 Cubic Yards $476.38 $52.93 - - $529.31 $486.95 $54.11 - - $541.06 2 20 Cubic Yards $590.82 $65.65 - - $656.47 $603.14 $67.02 - - $670.16 3 22 Cubic Yards $702.29 $78.03 - - $780.32 $717.93 $79.77 - - $797.70 4 25 Cubic Yards $858.07 $95.34 - - $953.41 $878.25 $97.58 - - $975.83 5 30 Cubic Yards $942.96 $104.77 - - $1047.73 $963.70 $107.08 - - $1070.78 6 40 Cubic Yards $1256.70 $139.63 - - $1396.34 $1284.33 $142.70 - - $1427.03 7 Trip Charge $63.41 $7.05 - - $70.45 $65.95 $7.33 - - $73.28 Weight Allowances for Bins
(Weight included in Charges above) Pounds Tons Pound Ton Pounds Tons Pound Ton 8 15 Cubic Yards 9,000 4.50 0.0303 $60.56 9,000 4.50 $0.0340 $67.96 9 20 Cubic Yards 12,000 6.00 0.0303 $60.56 12,000 6.00 $0.0340 $67.96 10 22 Cubic Yards 13,200 6.60 0.0303 $60.56 13,200 6.60 $0.0340 $67.96 11 25 Cubic Yards 15,000 7.50 0.0303 $60.56 15,000 7.50 $0.0340 $67.96 12 30 Cubic Yards 18,000 9.00 0.0303 $60.56 18,000 9.00 $0.0340 $67.96 13 40 Cubic Yards 24,000 12.00 0.0303 $60.56 24,000 12.00 $0.0340 $67.96 Maximum Wt. / Bin Excess Weight Charge per Maximum Wt. / Bin Excess Weight Charge per

RECOLOGY BUTTE COLUSA COUNTIES

CITY OF OROVILLE

COMPACTOR RATES
CURRENT RATES EFFECTIVE JANUARY 1, 2024 NEW RATES EFFECTIVE JANUARY 1, 2025 118
Item 9.

Base Rate
Franchise
Fee
Household
Hazardous
Waste Fee
AB939
Compliance
Fee
Total
Charges Base Rate
Franchise
Fee
Household
Hazardous
Waste Fee
AB939
Compliance
Fee
Total
Charges
Extra Pickups (Per Occurrence)
1 1.0 Cubic Yard Bin $39.07 $4.34 - - $43.41 $40.16 $4.46 - - $44.62 2 1.5 Cubic Yard Bin $47.59 $5.29 - - $52.88 $48.79 $5.42 - - $54.21 3 2.0 Cubic Yard Bin $57.65 $6.41 - - $64.06 $59.02 $6.56 - - $65.58 4 3.0 Cubic Yard Bin $77.54 $8.62 - - $86.16 $79.23 $8.80 - - $88.03 5 4.0 Cubic Yard Bin $97.41 $10.82 - - $108.23 $99.42 $11.05 - - $110.47 6 6.0 Cubic Yard Bin $137.60 $15.29 - - $152.89 $140.27 $15.59 - - $155.86 Weight Allowances for Bins
(Weight included in Charges above) Pounds Tons Pound Ton Pounds Tons Pound Ton 7 1.0 Cubic Yard Bin 500 0.250 $.0303 $60.56 0.250 500 $.0340 $67.96 8 1.5 Cubic Yard Bin 750 0.375 $.0303 $60.56 0.375 750 $.0340 $67.96 9 2.0 Cubic Yard Bin 1,000 0.500 $.0303 $60.56 0.500 1,000 $.0340 $67.96 10 3.0 Cubic Yard Bin 1,500 0.750 $.0303 $60.56 0.750 1,500 $.0340 $67.96 11 4.0 Cubic Yard Bin 2,000 1.000 $.0303 $60.56 1.000 2,000 $.0340 $67.96 12 6.0 Cubic Yard Bin 3,000 1.500 $.0303 $60.56 1.500 3,000 $.0340 $67.96 Other Charges
13 Call Back $19.18 $2.13 - - $21.31 $19.94 $2.22 - - $22.16 14 Contamination Charge - Cart $26.12 $2.90 - - $29.03 $18.00 $2.00 - - $20.00 15 Contamination Charge - Bin $45.00 $5.00 - - $50.00
16 Overage Charge - Cart $18.00 $2.00 - - $20.00
17 Overage Charge - Bin $45.00 $5.00 - - $50.00
18 Cart Cleaning $51.70 $5.74 - - $57.45 $53.77 $5.97 - - $59.74 19 Bin Cleaning $96.97 $10.77 - - $107.74 $100.85 $11.21 - - $112.06 20 Cleanup Enclosures $64.64 $7.18 - - $71.82 $67.23 $7.47 - - $74.70 21 Supply Lock/Key Charge (Each) $32.34 $3.59 - - $35.93 $33.63 $3.74 - - $37.37 22 Container Lock/Key Service (Monthly) $9.05 $1.01 - - $10.06 $9.41 $1.05 - - $10.46 Move Bin For Service (Negotiable)
Bulky Item
23 Trip Fee $51.70 $5.74 - - $57.45 $53.77 $5.97 - - $59.74 24 Each Item $19.39 $2.15 - - $21.55 $20.17 $2.24 - - $22.41 25 Freon Appliance $38.14 $4.24 - - $42.38 $39.67 $4.41 - - $44.08 Maximum Wt. / Bin Excess Weight Charge per Maximum Wt. / Bin Excess Weight Charge per

RECOLOGY BUTTE COLUSA COUNTIES

CITY OF OROVILLE

COMMERCIAL - OTHER RATES
CURRENT RATES EFFECTIVE JANUARY 1, 2024 NEW RATES EFFECTIVE JANUARY 1, 2025 City of Oroville Rates - Jan 1 2025-Comm Other Rates 5 of 5 12/3/20249:58 AM 119
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: LETTER TO STATE OF CALIFORNIA DEPARTMENT OF WATER

RESOURCES REQUESTING ADDITIONAL SUPPLEMENTAL BENEFIT

FUND FUNDING PENDING LICENSE APPROVAL BY THE FEDERAL

ENERGY REGULATORY COMMISSION
DATE: DECEMBER 17, 2024

SUMMARY
The City Council shall consider sending letter to Department of Water Resources (DWR) requesting a 14th Amendment to the implementation agreement with DWR to secure annual funding of $800,000 or more, which will be deducted from the first or subsequent SBF disbursements once the FERC license is approved.

DISCUSSION
The SBF Steering Committee, established to oversee how funding received would be allocated, has successfully administered interim funds to implement community projects, including the Regional Fund Conceptual Plan and the Feather River Conceptual Plan.

These efforts underscore the commitment to utilizing funds effectively for the benefit of the GOA, as envisioned by the 2006 Settlement Agreement.

When the Settlement Agreement was reached, it was believed that the new license would be issued withing a couple of years. Unfortunately, that has not been the case.

While water continues to flow, without interruption, to the water contractors, while there has been no additional finding qualified projects in the Greater Oroville Area.

Approval of the proposed letter will:
 Advocate for the continuation of funding to sustain recreational and economic development initiatives pending FERC license approval.
 Reinforce the City’s commitment to upholding the goals of the 2006 Settlement Agreement.
155
Item 10.

 Enable the SBF Steering Committee to maintain momentum in implementing the Feather River Conceptual Plan and other strategic initiatives.

FISCAL IMPACT
The requested annual interim funding of $800,000 or more will be deducted from future SBF disbursements following FERC license approval. This ensures no additional financial burden on the City of Oroville or the State Water Contractors.

ACTION REQUESTED –

APPROVE THE ATTACHED DRAFTED LETTER AND AUTHORIZE THE MAYOR TO SIGN.

ATTACHMENTS
Draft Letter to DWR
156
Item 10.
1 To be dated & mailed after City Council approval
Director Karla Nemeth
Department of Water Resources (DWR)
PO Box 942836
Sacramento, CA 9436-0001
Re: Standard Agreement Amendment Request
City of Oroville, Administrator of the Supplemental Benefits Fund Dear Director Nemeth,
We are writing to express our continued encouragement to DWR for actively pursuing a final license approval from the Federal Energy Regulation Commission (FERC) for the Oroville Project No. 2100 (Project) and to seek approval for additional upfront Supplemental Benefit Fund (SBF) funding pending FERC approval for the Project.

The initial approval of the Oroville Dam Project in 1968 contained many promises for improvements and recreational and economic stimulus for the Greater Oroville Area (GOA). Unfortunately, as we are all aware many of those have yet to materialize. Prior to the conclusion of the previous fifty year license period DWR conducted numerous community meetings seeking input for the new license that was being requested, resulting in a settlement agreement with over fifty stakeholders. At the conclusion of the first license period an agreement was selected (2006 settlement agreement) that was very specific.

The 2006 Settlement Agreement (SA) addressed improvements, recreational and economic stimulus for the GOA. Additionally, Appendix B, Measures agreed to among the parties but not to be included in the new project license, allowed for upfront funding in the amount of $11,270,000 prior to the approval of the license for the Project. Forty-eight percent of those funds were earmarked for the development of Riverbend Park, a 210 acre gem which the community and visitors have enjoyed since it opened in 2006.

Appendix B also provided for the establishment of a Fund Administrator, the SBF Steering Committee and an implementation agreement with the Fund Administrator which provided the interim, staged funding.

At the time of the SA it was believed that a new license would be issued within one to two years.

In March 2023 the last $135,000 of interim funding wasreleased to the SBF. We are thankful that occurred, however in the spirit of the SA it is crucial that the FERC license approval be granted to continue to allow funding for recreation and economic stimulus projects in the GOA. Over the past eighteen years the SBF has provided funds to the GOA as displayed on the attached chart for the benefit and enjoyment of residents and visitors to our area.

Our request is that consideration be given to providing a 14th Amendment to the implementation agreement between the City of Oroville, as Fund Administrator of the SBF, and the State of California 157
Item 10.
2 Department of Water Resources providing for a continuation of upfront funding in an annual range of $800,000, or more, until the FERC license is approved.

Any advance funds would be deducted from the first, or subsequent, SBF disbursements once the FERC license is approved and implemented.
1 We believe this request is reasonable considering that in the eighteen years since the Settlement Agreement, water has, without interruption, flowed to the State Water Contractors for distribution and reimbursement to them from the state water member agencies.

The SBF Steering Committee has met quarterly since 2007, established the Regional Fund Conceptual Plan as required by Appendix B, and has used the interim funding to provide significant grants to applicants benefiting parks, cultural and recreational facilities and economic stimulus to the GOA. In 2017, the comprehensive Feather River Conceptual Plan, with six identified “reaches” was approved by the SBF to ensure that future funds provided by DWR would be used for the best benefit of the GOA. That plan is accessible on the SBF page of the City of Oroville web site. (www.cityoforoville.org) the plan provides direction to the SBF Steering Committee and the Oroville Community insuring that funds will be used as intended by the signers of the Settlement Agreement.

We look forward to a favorable response to our request.

Sincerely,
David Pittman
Mayor
Enclosures:

SBF Funding Chart
Cc:

Eric See, DWR Field Office
Jonathan Young, State Water Contractors
Oroville City Council
SBF Steering Committee

1 Appendix B, page B-6 states, DWR shall provide funds each year beginning with the first year following DWR acceptance of a new license in amounts based on the FERC new license term: 50 years $1,000,000 per year; 45 years $900,000 per year; 40 years $800,000 per year and any license term less than forty years, DWR shall use its discretion to determine the annual payment which at a minimum shall be less than the forty year amount. 158
Item 10.
3 159
Item 10.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: CHRIS TENNS, ASSISTANT CHIEF
RE: SURPLUS OF LEER CAMPER SHELL
DATE: DECEMBER 17, 2024

SUMMARY
Council may consider declaring a Leer camper shell as surplus property. The camper shell, which was purchased in 2019 for use on a command vehicle, is no longer needed due to upgrades made to the Fire Department’s fleet of command vehicles. If declared surplus, the camper shell may be repurposed or transferred to another agency, such as the Nevada County Sheriff Search and Rescue team.

DISCUSSION
In 2019, the Fire Department purchased a Leer camper shell for a Ford F-250, which served as a command vehicle. However, approximately two years ago, all command vehicles were upgraded to better accommodate the growing needs of Chief officers and the increasing demand for emergency services. As a result, the camper shell no longer fits the Fire Department’s requirements and is now surplus. Staff believes that transferring the camper shell to the Nevada County Sheriff Search and Rescue team would be a practical and efficient use of the equipment, as it would support their operational needs for search and rescue missions.

FISCAL IMPACT
None

RECOMMENDATION
Staff requests Council declare the Leer camper shell as surplus property and authorize its transfer to the Nevada County Sheriff Search and Rescue team.

ATTACHMENTS
Request to transfer camper shell memo from Nevada County Sheriff Office 160
Item 11.

TO: Chief Chris Tenns
FROM: Sergeant Dustin Moe
SUBJECT: Request to transfer camper shell
Deputy Jason Mackey has brought to my attention that your agency has a camper shell that could possibly be transferred to the Nevada County Sheriffs Office. We would be very grateful if this were to occur, and it would be a great improvement to Deputy Mackey's assigned vehicle, a 2017 Ford F-250. The camper shell will be used for public safety and law enforcement related work on Nevada County Sheriffs Office marked Unit 37, a Ford F-250. Deputy Mackey is currently assigned to search and rescue, marine patrol, and the off-highway vehicle program which commonly leads to him storing many items within his vehicle. This will add to the secure storage space available to him.

DATE: December 3, 2024
Respectfully su mitted,
Moe
161
Item 11.

MAIN OFFICE: 950 MAIDU AVE ANIMAL CONTROL: 950 MAIDU AVE CORRECTIONS: P.O. BOX 928 TRUCKEE: 10879 DONNER PASS RD NEVADA CITY, CA 95959 (530) 265-1471 NEVADA CITY, CA 95959 (630) 265-1471 NEVADA CITY, CA 95959 (530) 265-1291 TRUCKEE, CA 96161 (530) 582-7838 162
Item 11.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: HANNAH THOMPSON, CULTURAL FACILITIES CURATOR
RE: DONATION TO THE CHINESE TEMPLE
DATE: DECEMBER 17, 2024

SUMMARY
The City Council may consider acknowledging the receipt of a donation to the Chinese Temple.

DISCUSSION
The City recently received a donation of a model of a Chinese Junk Boat that was originally in the Jee Wah Tong general store on Broderick Street in Oroville beginning in the early 1900s. This store was owned and operated by Gee Quong Leong and his family until the mid-1930’s when the store was closed. The model was donated by the great granddaughter of Gee Quong Leong, Darlene Gee Bouma to the Chinese Temple.

The donation has been reviewed by Hannah Thompson, Cultural Facilities Curator and has been deemed acceptable to add to the collection. The item is in compliance with Museum Policies & Procedures #20, which calls for items to be from, “the appropriate time period…with particular emphasis on the years of use by the Oroville Chinese Community – 1863-1936.”
The Junk Boat Model fills a gap in the Chinese Temple collection as the Gee family store is not represented in the current museum displays or collection but played a significant role in Oroville’s Chinatown for over 30 years. The addition of this object allows for the development of exhibits that more completely tell the story of Oroville’s Chinatown through the representation of this store. Historical and interpretive research on this object will be done to create an exhibit that can be shared with the public.

FISCAL IMPACT
None
163
Item 12.

ACTION REQUESTED -

ACKNOWLEDGE RECEIPT OF THE DONATION FOR THE CHINESE TEMPLE AND RECOMMEND THAT THE CITY COUNCIL ACCEPT THE DONATIONS.

ATTACHMENTS
Deed of Gift
Temporary Receipt Form
Photos
164
Item 12.

Deed of Gift
Donor Name: Q
Phone: 703-731- 108H
Address:

Description of Item(s): (continue on back)
Acceptance ofgift(s) is subject to the following conditions:

2. This gift shall be subject to no restrictions or conditions.

4. Object(s) may be photographed or otherwise reproduced, exhibited or studied.

Signature of Donor Date
Accepted by Date

1. The object(s) accepted shall become the permanent property ofthe City of Oroville. As such object(s) may be subject to conservation treatments, study and/or disposal.

City of Oroville Museums
Department of Parks & Trees

5. Evaluation by a commercial appraiser for income tax purposes is the responsibility ofthe donor. Values assigned by museum staff are not valid for this purpose.

3. Due to limited space and changing exhibitions, the exhibition of any object is entirely at the discretion of museum staff.

Email: [fcHej Ce
S G 9 Cred c(d- C/reJc_________
£ 0 UfTU l
Cu-Sfro Val/gy. -f-i ----------------
I do hereby give and convey to the City of Oroville, without limiting conditions, the following itcm(s):
& ci (,
1 do hereby declare that 1 am the lawful owner ofthe above listed objcct(s) and/or have legal authority to make this gift, and that I have read and am familiar with the provisions ofthis Deed. >4ce Date \\.j2-1j2-02^1
165
Item 12.

Received from: Phone:

Email:

Address:

J
Final acceptance or rejection ofthis gift will be made by the City Council.

Myes, return the object(s)
Donor:

Received by: Date:

Form Rev. 11/23
The object(s) will be returned to the donor/authorized agent, upon surrender and signature ofthis receipt. If object(s) are not accepted into the collection ofthe Museum, do you want the object(s) returned?
The Museum shall exercise the same care with respect to the object(s) covered by this receipt as it does with respect to its own property ofsimilar kind or nature, however, object(s) left for consideration to the collection are left at your own risk.

CITY OF OROVILLE Museums

TEMPORARY RECEIPT FORM
NO, do not return the object(s). Disposition to be
appropriate.
j rn cv; I, ccrvn.

Date:

Description of Item(s) (continue on back):
tnAndale a-hr-nc i
(or Qvvcmij Ltv-nj Q
It is understood that the above object(s) are on temporary loan to Oroville City Museums for the purpose of evaluation. In the event that the Curator or City Council does not accept the object(s) the object(s) must be removed from the Museum within 30 days of notification. Any object not removed by this deadline shall automatically become the property ofthe City of Oroville and shall be subject to disposal.

WnA "^2?
Qu
The following object(s) are submitted to the Curator and Oroville City Council for consideration ol donation to the collection of Uvitej;c Evaluation will be made with consideration ofthe relevance ofthe object(s) to the Scope of Collections policy statement and acquisitions criteria of . The Curator and City Council cannot guarantee that any object donation will be displayed or exhibited in the museum. No employee of the City of Oroville can undertake to appraise or attach a value to any object. £)<xr|ti-n< G&e- Bcurntx Phone: c) 70 3 ~ 731 -IQS'4
I have read and agreed to the conditions stated:
dAr le/nej
Grcfc, CuJjru Vafey, C/1
7 -/-)
166
Item 12.
167
Item 12.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: POLICE CHIEF RECRUITMENT
DATE: DECEMBER 17, 2024

SUMMARY
The Council will consider imitating a recruitment for the position of Police Chief.

DISCUSSION
With the upcoming retirement of Chief Bill LaGrone, staff are requesting the Council direct staff to open up a recruitment to find his successor. The City Council will be considering the interim appointment of a retired annuitant. A requirement of this interim appointment is having an active recruitment.

FISCAL IMPACT
None.

RECOMMENDATION
Adopt Resolution No. 9333 - RESOLUTION OF THE CITY COUNCIL OF OROVILLE,

CALIFORNIA INITIATING A RECRUITMENT FOR A PERMANENT POLICE CHIEF ATTACHMENTS:

Resolution No. 9333
168
Item 13.

CITY OF OROVILLE
RESOLUTION NO. 9333

A RESOLUTION OF THE CITY COUNCIL OF OROVILLE, CALIFORNIA INITIATING A

RECRUITMENT FOR A PERMANENT POLICE CHIEF
WHEREAS, current Chief of Police Bill LaGrone is nearing his planned retirement date on December 30, 2024; and
WHEREAS, the City of Oroville desires to fill the soon-to-be-vacant Chief of Police position with a most qualified candidate following a full recruitment process; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of Oroville, California, 1) that the foregoing is true and correct;
2) that the City Council herby directs staff to begin the recruitment process for a permanent Police chief;
PASSED AND ADOPTED by the Oroville City Council at a regular meeting on December 17, 2024 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
___________________________
David Pittman, Mayor
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
ATTEST:

Kayla Reaster, Asst City Clerk
169
Item 13.

CITY OF OROVILLE

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

INTERIM POLICE CHIEF
DATE: DECEMBER 17, 2024

SUMMARY
The Council will consider entering into an employment contract with Jason Wines for the position of Interim Police Chief.

DISCUSSION
A recruitment for the position of Interim Police Chief was recently conducted and Jason Wines was selected for this position.

Staff have prepared an employment contract with Mr. Wines with a starting hourly rate of $88.97/hour (Step H of the Department Heads salary schedule), for a term of up to two years, from December 17, 2024, or on the first date thereafter upon which the Police Chief position becomes vacant following the retirement of current chief, Bill LaGrone, whichever is later. In addition, Wine’s post-retirement “retired annuitant” assignment shall not commence until CalPERS post-retirement unit approves it, or January 7, 2025, whichever comes sooner. The agreement shall be for up to two years or until a new permanent Police Chief starts employment with the City, whichever comes sooner.

FISCAL IMPACT
There are sufficient appropriations in the Fiscal Year 2024-25 budget. There will be savings due the prohibition of certain benefits for retired annuitants.

RECOMMENDATION
Adopt Resolution No. 9335 – A RESOLUTION OF THE CITY COUNCIL OF OROVILLE, CALIFORNIA FOR 180-DAY WAIT PERIOD EXCEPTION (Gov. Code sections 7522.56 & 21221(h)) AND APPROVING AN EMPLOYMENT AGREEMENT WITH JASON WINES AS

INTERIM POLICE CHIEF FOR THE CITY OF OROVILLE
ATTACHMENTS:
170
Item 14.

Employment Contract.

Resolution No. 9335
171
Item 14.

Agreement No. 3531

EMPLOYMENT AGREEMENT FOR INTERIM POLICE CHIEF

BETWEEN THE CITY OF OROVILLE AND JASON WINES
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Jason Wines ("Wines"), collectively, the “Parties”. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Wines as its Interim Police Chief; and WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain compensation, and to set requirements and working conditions for Wines; and WHEREAS, Wines desires to be employed as Interim Police Chief of the City.

NOW THISEFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

Section 1. Employment/Duties:

City hereby agrees to employ Wines as the Interim Police Chief to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City, State Law and such other legally permissible and proper duties and functions as the Council shall from time to time assign him/her. Duties as an Interim Police Chief include leadership in all aspects of administration of public safety including emergency response to incidents such as Atmospheric River events, Fires and other disaster incidents that require a public safety response and for which the Interim Chief position is required to be filled to ensure adequate staffing to respond.

Wines is a current retiree and shall be employed and serve without reinstatement from retirement or loss or interruption of benefits as authorized in Sections 21220-21233 of the California Government Code. Wines shall be employed in an interim appointment role into the vacant Police Chief position during recruitment as specifically authorized by Section 21221(h) of the Government Code.

California Executive Order N-13-21 and N-1-23 and CalPERS Circular Letters 200-057-21 and 200-011-23 suspended certain requirements of Government Code Sections 21220 et. seq., including the requirements for a 180-day waiting period / break in service and the 960-hours limitations in any fiscal year for (all CalPERS employers). These executive orders remain in effect at the time of this Agreement; however once lifted, Wines’ employment shall become subject to the 960-hour per fiscal year limits unless suspended by a later executive order or action by the State.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be from December 17, 2024, or on the first date thereafter upon which the Police Chief position becomes vacant following the retirement of the current Chief, Bill LaGrone, whichever is later (the “effective date”). Additionally, Wines’ employment as a post-retirement “retired annuitant” shall not commence and is contingent upon the CalPERS post-retirement employment unit approval of the following or January 7, 2025, whichever comes sooner: this Agreement, the Resolution authorizing Wines’ employment as the City’s Interim Police Chief, or any confirmation by CalPERS of a waiver by Executive Order of the 180-day waiting period, or upon 180 days passage following Wines’ retirement from Butte County, whichever occurs first. The 960-hour limit per fiscal year shall remain in place until CalPERS confirms that this requirement is suspended by Executive Order of the Office of the Governor that applies to this employment. The City shall, as soon as practicable after 172
Item 14.

Council approval, submit a copy of this Agreement, the City Council Resolution(s) authorizing it and waiver request(s) to CalPERS for their approval.

B. The Agreement shall continue for a maximum limited term of two (2) years following the “effective date”, or until the recruitment for a permanent Police Chief is completed and the new permanent Chief starts employment with the City, whichever of the two occurs sooner.

C. If Wines resigns his/her position as Interim Police Chief before the term of this Agreement is reached, Wines shall endeavor to give the City a sixty (60) day written notice in advance unless such notice cannot be given due to illness or other incapacity.

D. This Agreement and employment relationship is an “At-Will” employment. Wines serves at the pleasure of the City Council and either Wines or the City may terminate this Agreement at any time with or without cause.

Section 3. Drug Testing Policy:

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

Section 4. Non-Industrial Injury/ Illness:

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

Section 5. Salary:

City agrees to place Wines at Step H of the department head salary schedule, at an hourly rate of $88.97/hour, upon the effective date noted above and payable at the same time and manner as other Council Appointed Employees of the City are paid. This represents the maximum monthly base salary and is listed on the publicly available pay tables for those employed as Police Chief within the City. No other benefits, incentives, compensation in lieu of benefits or other forms of compensation may be paid in addition to the hourly rate equivalency of this salary pursuant to the requirements in Government Code Section 21221(h).
2025 Cost-of-living increase: Effective January 1, 2025 the City has planned and shall implement a CPI based increase to the maximum monthly base salary for the Chief of Police salary. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12- month percent change, all items, not seasonally adjusted for the month of October for the applicable year.

Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Wines each year of the contract. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Wines. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Wines. The City Administrator's evaluation of Wines will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Wines's final evaluation. 173
Item 14.

Section 7. Hours of Work; Administrative Leave:

Wines shall be employed on a full-time basis as permissible under CalPERS regulations and active executive orders. Wines is not eligible, under Government Code Section 21221(h) for Administrative Leave benefits.

Section 8. Bereavement Leave:

Wines is ineligible for City Bereavement Leave benefits however, the City shall comply with any state-wide requirements for bereavement leave in California Government Code Section 12945.7 to the extent that these apply to retired annuitants.

Section 9. Vacation and Sick Leave:

CalPERS retired annuitants are ineligible to accrue paid sick leave pursuant to AB 304 (2015) and as noted in CalPERS circular letter 200-038-15.

CalPERS retired annuitants are ineligible to accrue vacation benefits.

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

CalPERS retired annuitants are ineligible to receive Medical, Vision, Disability or Dental benefits paid by the employer.

Section 12. Holidays:

CalPERS retired annuitants are ineligible to receive Holiday Pay or pay for holidays on which they do not work.

Section 13. Retirement:

CalPERS retired annuitants do not accrue additional service credit for work performed at a CalPERS contracting local government Agency in an interim limited-term appointment.

Section 14. Outside Employment:

During the term of the Agreement, any outside employment shall not interfere with Wines’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 15. Labor Code Section 2802 Expenses:

The City shall indemnify Wines for all necessary expenditures or losses incurred by Wines as a direct consequence of the discharge of his duties as required by California Labor Code Section 2802.

Section 16. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Wines against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Wines's duties (within the ordinary course and scope of employment) as Interim Police Chief, except for any civil action or proceeding brought against Wines for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. 174
Item 14.

Section 17. Bonding:

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

Section 18. Other Terms and Conditions of Employment:

It is understood and agreed by City and Wines that Wines is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. Wines serves at the pleasure of the City Council and is subject to all of the provisions of the City of Oroville Personnel Rules and Regulations and of the Department Manual of the Oroville Police Department. Wines acknowledges the applicability of these City Personnel Rules and Regulations and the Department Manual of the Oroville Police Department. The applicability of City and Department Rules/Manuals does not alter the “At-Will” nature of Wines’ employment.

Section 19. Notices:

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

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

Section 20. General Provisions:

A. The text herein shall constitute the entire agreement between the parties. All prior agreements or understandings regarding terms and conditions of Wines’ employment are superseded by this Agreement.

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

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

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

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
175
Item 14.

Approved by the City Council of the City of Oroville at a meeting held December 17, 2024.

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

CITY OF OROVILLE
Date:

Date:

David Pittman, Mayor Jason Wines, Interim Police Chief
APPROVED AS TO FORM:

Date:

Scott E. Huber, City Attorney
176
Item 14.

CITY OF OROVILLE
RESOLUTION NO. 9335
A RESOLUTION OF THE CITY COUNCIL OF OROVILLE, CALIFORNIA FOR 180-DAY WAIT PERIOD EXCEPTION (Gov. Code sections 7522.56 & 21221(h)) AND

APPROVING AN EMPLOYMENT AGREEMENT WITH JASON WINES AS INTERIM

POLICE CHIEF FOR THE CITY OF OROVILLE
WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees’ Retirement Law, the (governing body name) must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date; and
WHEREAS, Jason Wines, CalPERS ID 2366869018, retired from Butte County in the position of District Attorney Chief Investigator, effective July 10, 2024; and WHEREAS, Gov. Code section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is January 7, 2025 without this certification resolution; and
WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180-day wait period shall not apply if the retiree accepts any retirement-related incentive; and WHEREAS, the City Council of the City of Oroville, the City of Oroville and Jason Wines certify that Jason Wines has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and
WHEREAS, the governing body has authorized the search for a permanent appointment on December 17, 2024; and
WHEREAS, the City Council of the City of Oroville hereby appoints Jason Wines as an interim appointment retired annuitant to the vacant position of Interim Police Chief for the City of Oroville under Gov. Code section 21221(h), effective upon the retirement (December 30, 2024) of current Chief of Police Bill LaGrone, and approval of this Resolution and Employment Agreement with Jason Wines (the “effective date”), whichever is later; and
WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end two (2) years following the “effective date” or upon appointment of a permanent Police Chief for the City of Oroville, whichever occurs first; and WHEREAS, the entire employment agreement, contract or appointment document between Jason Wines and the City of Oroville has been reviewed by this body and is attached herein; and
177
Item 14.

WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar; and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all CalPERS employers, unless the employment is exempt from this requirement by Executive Order; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and WHEREAS, the maximum base monthly salary for this position is $15,421.72 and the hourly equivalent is $88.97 and the minimum base monthly salary for this position is $10,959.93 and the hourly equivalent is $63.23 and
WHEREAS, the hourly rate paid to Jason Wines will be $88.97; and WHEREAS, Jason Wines has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Oroville, California, 1) that the foregoing is true and correct;
2) that the City Council certifies the nature of the employment of Jason Wines as described herein and detailed in the employment agreement, attached hereto as Exhibit A and incorporated as though fully set out herein; 2) That the City Council finds that this appointment is necessary to fill the critically needed position of Police Chief (Interim Police Chief) for the City of Oroville by December 31, 2024 or as soon thereafter as possible because the position holds primary responsibility for ensuring public safety of the citizens of the City of Oroville; leads the City’s response to emergency events, which may include but are not limited to incidents of crime, fire, floods, weather and any other catastrophic circumstances likely to threaten the lives, property and/or safety of the citizens of the City of Oroville; leads the coordination of local (City) emergency services with those of neighboring Cities, Counties, Special Districts and State agencies such as the Office of Emergency Services (OES), and Federal Agencies such as the Federal Emergency Management Agency (FEMA); and leads the coordination of local (City) law enforcement with other Local, State and Federal Law Enforcement Agencies.;
3) that the City Council hereby authorizes the Mayor to execute the Employment Agreement (Exhibit A)
178
Item 14.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on December 17, 2024 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
___________________________
David Pittman, Mayor
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
ATTEST:

Kayla Reaster, Asst City Clerk
179
Item 14.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: CHRIS TENNS, ASSISTANT CHIEF
RE: PROPOSAL FOR PURCHASE OF OPTICOM SIGNAL

INTERRUPTERS FOR EMERGENCY RESPONSE
DATE: DECEMBER 17, 2024

SUMMARY
The City Council shall consider the purchase of Opticom signal interrupters, which control intersection lights when public safety vehicles are approaching. The implementation of Opticom technology is aimed at reducing response times during emergencies and enhancing safety to our citizens and responders. These devices would be installed at 12 city traffic signal as well as 10 Caltrans traffic signal locations along Highway 162, enabling faster and safer passage for emergency vehicles through key intersections within the City.

DISCUSSION
In recent years, the City has seen an increased demand for efficient emergency response due to population growth and rising traffic congestion. Delays at intersections can seriously hinder emergency response times, putting public safety at risk. The Opticom system offers a solution that allows emergency vehicles to get priority at traffic signals. Opticom Signal Interrupters use infrared technology to communicate with traffic signals. When an emergency vehicle approaches the intersection, the device activates the system and works to change the signal to green, giving the vehicle a clear and safe path through the intersection. The system provides several benefits:
• Reduced Response Times: By giving emergency vehicles priority, valuable time will be saved in critical situations.
• Improved Public Safety: Faster response times lead to better outcomes in emergencies.
• Safer Emergency Response: The system reduces the risk of accidents at intersections, making it safer for both the public and emergency responders. 180
Item 15.

The implementation of this system requires infrastructure to be added at the applicable traffic signals along with hardware being added to the emergency response vehicles.

Staff recommends a phased approach to roll out the Opticom system, starting with the installation of equipment on all City traffic signals . This first phase will lay the groundwork for improving traffic management, allowing staff to evaluate specific needs for police and fire vehicles, and assess how well it integrates with Caltrans infrastructure.

Until all signals are evaluated, it’s unknown what the exact cost will be. It’s anticipated to be approximately $53,000. This cost includes 10 vehicle emitters (5 for Fire and 5 for Police). More emitters will be needed after the assessment is complete.

The second phase will involve working with Caltrans to bring their signals into the system and would begin once phase once is completed. This step-by-step approach gives staff flexibility to adjust as staff move through the project to make sure the system is both effective and cost-efficient. After completing phase one, staff will reassess the project and submit a budget request for phase two in the upcoming budget process for Fiscal Year 2025/26. It is estimated that this will cost approximately $50,000.

If approved by the council, the city will own and maintain the equipment. There will be no additional recurring fees, just routine maintenance after the initial installation.

FISCAL IMPACT
Approximately $53,000 for Phase One of Opticom project. Phase two will be requested in the 2025/26 Fiscal Year budget. Funding for Phase One is being requested from Contingencies (requiring 5/7 vote).

RECOMMENDATION
Direct staff to purchase and install Opticom signal interrupters and vehicle emitters (10) for up to 12 City traffic signals; and
Approve budget adjustment from contingencies for up to $53,000 (5/7 vote required).

ATTACHMENTS
Quote per signal
181
Item 15.

Advanced
Traffic
Products
Date
Phone No.

Email
State Zip Code
County
ATP Sales Rep
Qty Unit Price Price
10 T792HL Programmable Coded Emitter – black housing $758.00 $7,580.00 $7,580.00
Contact Mike Morrill
Address
Tomar Strobecom II Products
Agency City of Oroville 10/30/2024
Jason Maxwell
Model No. Description
City Oroville
Project Vehicle Quote Butte
www.advancedtraffic.com
ATP DOES NOT take responsibility for quantities of materials.

Lead-times will be provided upon receipt of PO if requested.

Please email PO's to [email protected] should you opt to purchase this material Shipping fees to Alaska are Excluded unless specifically included and shown above. 1122 Industry Street Suite A - Everett, WA 98203 - 425.347.6208 TOTAL
This quote will be honored for 30 days.

This Bid is for Materials Only & Does Not Include Lab Fees, Applicable Taxes or Installation Charges. 182
Item 15.

Advanced
Traffic
Products
Date
Phone No.

Email
State Zip Code
County
ATP Sales Rep
Qty Unit Price Price
4 DETOC21-1IC-x 2-Direction, 1-Channel Detector w/ 1 White or Blue LED Conf. light $604.00 $2,416.00 1 OSPOCWV2-4 4 Ch OSP w/ logging, Ethernet, & Integrated Conf. Light Enabled - 2 Slot wide $2,623.00 $2,623.00 4 ATP Pelco Mini Brac Pelco Mini Bracket Tomar Detector Mount $93.00 $372.00 1 M913-2500 Detector cable, 3 conductor shielded – 2500’ reel $2,205.00 $2,205.00 $7,616.00
Contact Mike Morrill
Address
Tomar Strobecom II Products
Agency City of Oroville 10/30/2024
Jason Maxwell
Model No. Description
City Oroville
Project Intersection Quote Butte
www.advancedtraffic.com
ATP DOES NOT take responsibility for quantities of materials.

Lead-times will be provided upon receipt of PO if requested.

Please email PO's to [email protected] should you opt to purchase this material Shipping fees to Alaska are Excluded unless specifically included and shown above. 1122 Industry Street Suite A - Everett, WA 98203 - 425.347.6208 TOTAL
This quote will be honored for 30 days.

This Bid is for Materials Only & Does Not Include Lab Fees, Applicable Taxes or Installation Charges. 183
Item 15.

CITY OF OROVILLE

FIRE DEPARTMENT
Statistics Package
11/1/2024 to 11/30/2024
Countywide Cooperative Fire & Rescue Service
1 184
Item i.

Definitions and Notes
Terms
Dispatched Agencies:

All agencies that are dispatched by the CAL FIRE / Butte County Fire Department Oroville Emergency Command Center First Due Station:

The jurisdicational agency station’s area where the incident happened based on the Computer Aided Dispatch Dynamic Routing First Due Station to another agency:

Agencies
· CABIG City of Biggs Fire Department
· CABTU CAL FIRE Butte Unit
· CABTC Butte County Fire Department
· CACDF CAL FIRE (Out Of Unit Activity)
· CACHI City of Chico Fire Department
· CAEMD El Medio Fire Protection District
· CAGRD City of Gridley Fire Department
· CALNF United States Forest Service Lassen National Forest · CAMAY Marysville Fire Department
· CAMTR Mooretown Rancheria
· CAORO City of Oroville Fire Department
· CAPNF United States Forest Service Plumas National Forest · CAPRA Town of Paradise Fire Department
· CASTC Sutter County Fire Department
· CATCR Tehama County Fire Department
· CAXPU Plumas County Unprotected Area
Incident Types
· MED - Medicals
· MEDFSS (Medical Flight)
· MEDA - Medical Code 2
· T/C - Traffic Collisions
· HAZ-CON - Hazardous Conditions
· P/A - Public Assists
· OTH - Other / Miscellanies
· ECC - Emergency Command Center Specific Incidents
· HAZ-MAT - Hazardous Materials
· RESCUE - Technical Rescues
· VEG - Vegetation Fires
· STR - Structure Fires
· VEH - Vehicle Fires
· OTH FIRES - Other Fire Types not categorized above
· F/A - False Alarms (Fires)
Stations
11 - CAL FIRE Butte Meadows 13 - CAL FIRE Stirling City 22 - CAL FIRE Cohasset 23 - CAL FIRE Forest Ranch 25 - Butte County Fire Butte College 33 - Butte County Fire Upper Ridge 35 - CAL FIRE Paradise 36 - CAL FIRE Jarbo Gap 41 - Butte County Fire Nord 44 - Butte County Fire South Chico 45 - Butte County Fire Durham 51 - CAL FIRE Feather Falls 54 - CAL FIRE Robinson Mill 55 - Butte County Fire Bangor 62 - CAL FIRE Harts Mill 63 - CAL FIRE Oroville 64 - Butte County Fire Kelly Ridge 71 - Butte County Fire Richvale 72 - Butte County Fire Palermo 73 - Butte County Fire Biggs 74 - Butte County Fire Gridley 81 - Paradise Birch Street 82 - Paradise South Libby Rd 91- CAL FIRE Oroville ECC - CAL FIRE Oroville Emergency Command Center
2 185
Item i.
0 100
200
300
400
500
600
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
73 67 67 72 79 91
355
489
546 545
10 Year Incident Comparison By Year All Incidents
* DATA IS UNAVAILABLE PRIOR TO 02/11/2004
11/1/24 To 11/30/24
3 186
Item i.

MED T/C HAZ-CON P/A OTH ECC HAZ-MAT VEG STR VEH OTH FIRE F/A CAORO 332 23 7 31 1 2 1 2 2 1 16 30
Total 332 23 7 31 1 2 1 2 2 1 16 30
MEDICALS 332 60.9%
TRAFFIC COLLISIONS 23 4.2%
HAZARDOUS CONDITIONS 7 1.3%
PUBLIC ASSISTS 31 5.7%
OTHER INCIDENTS 1 0.2%
ECC INCIDENTS 2 0.4%
HAZARDOUS MATERIALS 1 0.2%
VEGETATION FIRES 2 0.4%
STRUCTURE FIRES 2 0.4%
VEHICLE FIRES 1 0.2%
OTHER FIRES 16 2.9%
FALSE ALARMS 30 5.5%
MEDA 97 17.8%
Total: 545 100.0%
Incident Type Percentages (All Agencies)
Agency Activity 11/1/2024 to 11/30/2024
4 187
Item i.

All Dispatched Agencies First Due Station Activity By Type 11/1/2024 To 11/30/2024
MED T/C HAZ-CON P/A OTH VEG STR VEH OTH FIRE F/A MEDA Total 63 91 9 3 5 0 0 2 0 2 6 27 145
64 82 5 2 12 1 0 0 1 5 5 19 132
91 331 23 7 31 0 3 2 1 16 31 97 542
Total 504 37 12 48 1 3 4 2 23 42 143 819
5 188
Item i.

MEDICALS 58.4%
TRAFFIC COLLISIONS 6.0%
HAZARDOUS CONDITIONS 2.6%
PUBLIC ASSISTS 6.5%
OTHER INCIDENTS 0.4%
ECC INCIDENTS 0.1%
HAZARDOUS MATERIALS 0.1%
RESCUES 0.5%
VEGETATION FIRES 0.8%
STRUCTURE FIRES 0.5%
VEHICLE FIRES 0.3%
OTHER FIRES 2.9%
FALSE ALARMS 6.2%
MEDA 14.7%
Total: 100.0%
All Dispatched Agencies Incident Activity by Type
11/1/2024 TO 11/30/2024
6 189
Item i.
0 100
200
300
400
500
600
OROVILLE - 63
KELLY RIDGE-64
OROVILLE-91

EMERGENCY

COMMAND CENTER
145 132
542
8 ALL DISPATCHED AGENCIES FIRST DUE STATION ACTIVITY
11/1/2024 TO 11/30/2024
7 190
Item i.

Incident Activity by Type For City of Oroville FD
11/1/2024 To 11/30/2024
MED T/C HAZ-CON P/A OTH ECC HAZ-MAT VEG STR VEH OTH FIRE F/A MEDA Total ECC 1 0 0 0 2 2 1 0 0 0 0 0 0 6
63 91 9 3 5 0 0 0 0 2 0 2 6 27 145
64 82 5 2 12 1 0 0 0 0 1 5 5 19 132
91 331 23 7 31 0 0 0 3 2 1 16 31 97 542
Total 505 37 12 48 3 2 1 3 4 2 23 42 143 825
8 191
Item i.

MEDICALS 58.4%
TRAFFIC COLLISIONS 6.0%
HAZARDOUS CONDITIONS 2.6%
PUBLIC ASSISTS 6.5%
OTHER INCIDENTS 0.4%
ECC INCIDENTS 0.1%
HAZARDOUS MATERIALS 0.1%
RESCUES 0.5%
VEGETATION FIRES 0.8%
STRUCTURE FIRES 0.5%
VEHICLE FIRES 0.3%
OTHER FIRES 2.9%
FALSE ALARMS 6.2%
MEDA 14.7%
Total: 100.0%
Incident Activity by Type For City of Oroville FD
9 192
Item i.

Cooperator Assitance Provided to CAL FIRE/Butte County Fire 11/1/2024 to 11/30/2024
MED T/C HAZ-CON P/A RESCUE VEG STR VEH OTH FIRE F/A MEDA Total CAORO 382 40 9 35 3 5 3 2 18 41 105 643
Total 382 40 9 35 3 5 3 2 18 41 105 643
Total Number of Resources Responding: 502
Total Number of Incidents: 421
MED T/C HAZ-CON P/A VEG STR VEH OTH FIRE F/A MEDA Total CAORO B9A 0 6 2 0 0 1 0 0 5 0 14
B9B 0 8 0 0 0 1 0 0 4 0 13
E391 3 1 0 0 0 1 0 0 1 0 6
E91 93 8 3 4 2 1 1 6 12 33 163
E92 123 7 5 6 0 2 0 7 13 34 197
T91 39 12 5 15 0 1 1 4 15 17 109
Total 258 42 15 25 2 7 2 17 50 84 502
Resource Agency Response to Jurisdictional Agency
11/1/2024 to 11/30/2024
CAORO to CAORO
10 193
Item i.

Total Number of Resources Responding: 121
Total Number of Incidents: 118

MED T/C HAZ-CON P/A HAZMAT VEG STR VEH OTH FIRE F/A MEDA CABTC E63 58 9 1 11 0 0 1 0 3 5 12
E64 5 0 1 0 1 1 1 1 0 2 0
E71 0 1 0 0 0 0 0 0 0 1 0
E72 1 2 0 1 0 0 0 0 0 0 0
Others 2 0 0 0 0 0 0 0 0 0 1
Total 66 12 2 12 1 1 2 1 3 8 13
Resource Agency Response to Jurisdictional Agency
11/1/2024 to 11/30/2024
CABTC to CAORO
Total Number of Resources Responding: 95
Total Number of Incidents: 87
MED T/C HAZ-CON P/A RESCUE VEG STR VEH F/A MEDA Total
CAORO B9A 0 6 2 0 3 0 0 0 0 0 11
B9B 0 3 0 0 0 0 0 1 0 0 4
E391 0 0 0 0 0 0 1 0 0 0 1
E91 25 4 0 2 0 2 0 0 6 4 43
E92 17 5 0 2 0 0 1 1 3 4 33
T91 0 0 0 1 1 0 0 0 0 0 2
U91 0 0 0 0 1 0 0 0 0 0 1
Total 42 18 2 5 5 2 2 2 9 8 95
Resource Agency Response to Jurisdictional Agency
11/1/2024 to 11/30/2024
CAORO to CABTC
11 194
Item i.

Total Number of Resources Responding: 115
Total Number of Incidents: 72
MED T/C HAZ-CON HAZMAT VEG STR VEH OTH FIRE F/A MEDA OAMADM Total CABTU B2102 0 2 0 0 0 0 0 0 3 0 0 5
B2112 0 2 0 0 0 0 0 0 0 0 0 2
B2115 0 1 0 1 0 0 1 0 0 0 0 3
B2116 0 4 0 0 0 0 0 0 0 0 0 4
B2117 0 1 0 0 0 0 0 0 4 0 0 5
B2118 0 0 0 0 0 0 0 0 1 0 0 1
D2104 0 0 1 0 0 0 0 0 0 0 0 1
D2105 0 0 0 0 0 0 1 0 0 0 0 1
E2160 3 0 0 0 0 0 0 0 1 0 0 4
E2165 1 0 0 0 0 0 0 0 0 1 0 2
E2169 18 5 2 0 0 2 0 1 3 1 0 32
E2180 5 3 1 0 0 0 0 0 2 4 0 15
E2185 1 0 0 0 0 0 0 0 1 0 0 2
E2196 8 2 0 0 0 0 0 2 0 0 0 12
P2121 0 0 0 0 1 0 0 0 0 0 1 2
PIO2150 0 0 1 0 0 1 0 0 0 0 0 2
PIOADVSE 0 0 2 0 0 2 1 0 3 0 0 8
PRVADVSE 0 0 2 0 0 2 1 0 5 0 0 10
S2103 0 1 0 0 0 2 0 0 0 0 0 3
T2107 0 0 0 0 0 0 0 0 1 0 0 1
Resource Agency Response to Jurisdictional Agency
11/01/2024 to 11/30/2024
CAL FIRE to CAORO
12 195
Item i.

MED T/C HAZ-CON HAZMAT VEG STR VEH OTH FIRE F/A MEDA OAMADM Total CABTU Total 36 21 9 1 1 9 4 3 24 6 1 115
13 196
Item i.

Battalion 9 Total Responses
11/1/2024 to 11/30/2024
Veg Fires Structure
Fires
Other
Fires
Medical Hazmat /
FMS
Public
Assists /
Total
B9A 1 1 5 15 4 1 27
B9B 0 1 6 12 0 1 20
E391 0 2 1 4 0 0 7
E91 5 1 25 167 3 6 207
E92 0 4 24 190 5 8 231
T91 0 1 20 69 5 16 111
Total 6 10 81 457 17 32 603
Veg
Fires
Structure Fires
Other Fires
Medical
Hazmat / FMS
Public Assists /
Others
Veg Fires 1.0%
Structure Fires 1.7%
Other Fires 13.4%
Medical 75.8%
Hazmat / FMS 2.8%
Public Assists / Others 5.3%
Total: 100.0%
Number of Incidents / Incident Type
14 197
Item i.

Incident Activity by Station
11/1/2024 To 11/30/2024
CABTC CABTU CAORO Total
63 144 1 0 145
64 123 9 0 132
91 3 0 539 542
ECC 0 2 4 6
Total 270 12 543 825
15 198
Item i.