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Agenda packet

Oroville City Council
February 18, 2025

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Agenda packet
Meeting
February 18, 2025
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Oroville City Council
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3
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February 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 1 of 8

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
February 18, 2025

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 before 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: Scott Thomson, Chuck Reynolds, Tracy Johnstone, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman
1 February 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 2 of 8

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

1. Pursuant to Government Code section 54957, the Council will meet with the Personnel Officer to discuss Public Employee Performance Evaluations. Position title: Department Heads and Contract employees.

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

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. HARRIS AND ASSOCIATES PAVEMENT MANAGEMENT PROGRAM PRESENTATION Harris and Associates will present their findings following the initial Pavement Management Program baseline inspections.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

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

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports
2 February 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 3 of 8

CONSENT CALENDAR
Consent calendar items 1 - 9 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. INVESTMENT POLICY FOR CALENDAR YEAR 2025
The City Council shall consider adopting the Statement of Investment Policy for the City of Oroville for the current calendar year.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9350 - A RESOLUTION AUTHORIZING ADOPTION OF AN INVESTMENT POLICY FOR THE CITY OF OROVILLE FOR 2025.

2. RESOLUTION TERMINATING BUTTE CHOICE ENERGY JOINT POWERS AUTHORITY Staff continue to work with Pioneer Community Energy (PCE), a Community Choice Aggregator, to transition power supply responsibilities from Pacific Gas and Electric (PG&E) to PCE. The anticipated transition date is targeted for October of 2027. In order to continue to move forward with PCE, the City Council (along with the City of Chico and Butte County) must terminate the Joint Powers Authority with Butte Choice Energy.

ACTION REQUESTED -

APPROVE RESOLUTION TERMINATING BUTTE CHOICE ENERGY AUTHORITY JOINT POWERS AUTHORITY.

3. RESOLUTION REQUESTING MEMBERSHIP IN PIONEER COMMUNITY ENERGY AND

APPROVING AMENDED AND RESTATED JOINT POWERS AGREEMENT AS AMENDED THROUGH AMENDMENT NO. 5
Staff continue to work with Pioneer Community Energy (PCE), a Community Choice Aggregator, to transition power supply responsibilities from Pacific Gas and Electric (PG&E) to PCE. The anticipated transition date is targeted for October of 2027. In order to continue to move forward with PCE, the Council must request membership in the PCE Joint Powers Authority.

ACTION REQUESTED -

APPROVE RESOLUTION REQUESTING MEMBERSHIP IN PIONEER COMMUNITY ENERGY

AND APPROVING THE AMENDED AND RESTATED JOINT POWERS AGREEMENT AS AMENDED THROUGH AMENDMENT NO. 5.
3 February 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 4 of 8

4. REVIEW AND ADOPTION OF THE UPDATED 2025 SALARY SCHEDULE INCLUDING THE 3% COST OF LIVING INCREASES
The purpose of this report is to present the updated salary schedule to the Mayor and City Council for review and approval. The updates incorporate the most recent Cost-of-Living Adjustments (COLA) per the Memorandum of Understanding (MOU) contracts for each unit and department heads that was effective December 23, 2024.

ACTION REQUESTED -
APPROVE THE REVISED SALARY SCHEDULE AS PRESENTED.

5. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TROVER

CONSTRUCTION PROJECT MANAGEMENT LLC TO EXTEND EXPIRATION DATE The City Council shall consider amending the Professional Services Agreement with Trover Construction Project Management LLC to extend the contract for an additional two (2) years to perform contractor services for the City of Oroville Owner-occupied Housing Rehabilitation (OOR) Program and inspection services for the First Time Home Buyer (FTHB) Program. After the 20- CDBG-12067 grant expired the program was awarded additional grant funding under 20-PLHA15545, therefore staff would like to extend the agreement with Trover Construction Project Management LLC to continue providing services for the OOR Program as well as additional assistance with administering FTHB inspections.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9348 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO AMEND A PROFESSIONAL SERVICES

AGREEMENT WITH TROVER CONSTRUCTION PROJECT MANAGEMENT LLC TO PROVIDE PROGRAM SERVICES THROUGH DECEMBER 31, 2026 (AGREEMENT NO. 3535)

6. LOTT HOME PAINTING AND DRY ROT REPAIR PROJECT – FUND CORRECTION This item was brought before City Council on February 4, 2025 with an incorrect funding source listed. This item is being brought forward to correct that the funds for the Lott Home Painting and Dry Rot Repair Project are to come from the Capital Improvement Project Fund.

ACTION REQUESTED -

AUTHORIZE THE FUNDING TO COME FROM THE CAPITAL IMPROVEMENT PROJECT FUND.

7. SUPPORT FOR FEDERAL FUNDING OF SELF-HELP HOUSING
The City Council shall consider approving the Mayor to sign and transmit the attached letter to Representative Doug LaMalfa’s office, advocating for increased federal funding for the USDA Rural Development mutual self-help housing program.

ACTION REQUESTED -
APPROVE THE LETTER AND AUTHORIZE THE MAYOR TO SIGN.
4 February 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 5 of 8

8. SALE OF CITY-OWNED PROPERTY LOCATED AT 1218 BIRD STREET The City Council shall consider selling residential property located at 1218 Bird Street.

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9346 - A RESOLUTION OF THE CITY COUNCIL AUTHORIZING

AND DIRECTING THE MAYOR OR CITY ADMINISTRATOR TO EXECUTE ALL DOCUMENTS RELATING TO THE SALE OF THE CITY-OWNED PROPERTY IDENTIFIED AS 1218 BIRD STREET, OROVILLE (APN.012-076-007) TO GARRETT MCCARTER FOR THE AMOUNT OF $275,000.

9. APPROVAL OF REGULAR MEETING MINUTES
Submitted for approval are the Regular Meeting Minutes of 02.04.2025.

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

REGULAR BUSINESS

10. TABLE MOUNTAIN GOLF COURSE – OPERATIONAL UPDATE, REQUEST FOR REIMBURSEMENT FOR CALENDAR YEAR 2023 COURSE IMPROVEMENTS AND REVIEW OF 2024 AND 2025 PROJECT LISTS
The City contracts with Table Mountain Golf Club, Inc. (TMGC) to operate and maintain the City golf course. TMGC will provide the Council with an operational update on the golf course activities.

TMGC will also be submitting a claim for projects completed in accordance to the agreement between the City and TMGC for calendar year 2023. TMGC will be reviewing projects completed in 2024 along with what they have planned for 2025.

ACTION REQUESTED -

1. RECEIVE OPERATIONAL UPDATE FROM TABLE MOUNTAIN GOLF CLUB, INC.;

2. AUTHORIZE THE REIMBURSEMENT OF $18,789.50 TO TABLE MOUNTAIN GOLF CLUB, INC. FOR PROJECTS COMPLETED ON THE GOLF COURSE IN CALENDAR YEAR 2023;

3. APPROVE PROJECTS COMPLETED IN 2024; AND

4. APPROVE PROJECTS PROPOSED IN 2025.
5 February 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 6 of 8

11. MARKET RATE HOUSING FEE DEFERMENT AGREEMENT
Consideration of a fee deferment for a 174-unit, market-rate housing project for a period of 10 years.

ACTION REQUESTED -

1. DIRECT STAFF TO DEVELOP DEVELOPMENT IMPACT FEE DERRAL LOAN

AGREEMENT AND AUTHORIZE THE
MAYOR TO SIGN; AND

2. DIRECT STAFF TO EXECUTE AND RECORD A DEED OF TRUST AND PROMISSORY

NOTE AS SECURITY FOR THE
LOAN; AND

3. ADOPT RESOLUTION NO. 9352

12. HEWITT PARK UPDATE
The City Council will be provided with an update on the Hewitt Park Renovation project.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

13. FINANCIAL ANALYSIS FOR FISCAL YEAR ENDED JUNE 30, 2024 The City Council may receive annual unaudited financial information for the year ended June 30, 2024.

ACTION REQUESTED -
RECEIVE INFORMATION FOR THE FISCAL YEAR ENDED JUNE 30, 2024.

14. MID YEAR FINANCIAL REVIEW
The City Council may receive a mid-year financial report for revenues and expenditures for the first six months of the fiscal year July 1, 2024, to December 31,2024.

ACTION REQUESTED -

EXPENDITURES

1. INCREASE TO RISK MANAGEMENT IN THE GENERAL FUND, LINE ITEM 100.1060.6090 TO COVER INCREASED INSURANCE COSTS. $200,000

2. INCREASE TO CITY ATTORNEY BUDGET IN THE GENERAL FUND, LINE ITEM 100.1010.6360 TO COVER A REVISION TO THE ESTIMATED COST OF THE $400,000 6 February 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 7 of 8

15. CITY MUNICPAL CODE UPDATE AND AD HOC COMMITTEE FORMATION The Oroville Municipal Code is a comprehensive compilation of laws and regulations enacted by the City. It covers a wide range of topics, including general provisions, administration, finance, business licenses, animal control, health and safety, public peace, traffic, public services, building codes, subdivisions, and zoning. The code is organized into titles and chapters, each addressing specific areas of city governance and public policy. The Code can be updated over time, as the Council deems appropriate. It has been requested to bring the topic forward of reviewing the current sections associated with planning and building, in an attempt to reduce potentially overly burdensome code requirements.

ACTION REQUESTED -
PROVIDE DIRECTION TO STAFF.

16. EMPLOYMENT CONTRACT AMENDMENT WITH RON BELSER, DIRECTOR – CODE

ENFORCEMENT
The Council will consider an amendment to the employment contract with Ron Belser, Director – Code Enforcement that would advance Mr. Belser from Step E, $150,123 annual salary to Step G, $166,345 annual salary.

ACTION REQUESTED –
ADOPT RESOLUTION NO. 9351 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RON BELSER – (AGREEMENT NO. 3400).

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]
7 February 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 8 of 8

17. 5:30PM - ADOPTION OF ORDINANCE TO AMEND SUBSECTION 13.30 OF THE OROVILLE

MUNICIPAL CODE IMPLEMENTING A COMMUNITY CHOICE AGGREGATION PROGRAM

WITH PIONEER COMMUNITY ENERGY
Staff continue to work with Pioneer Community Energy (PCE), a Community Choice Aggregator, to transition power supply responsibilities from Pacific Gas and Electric (PG&E) to PCE. The anticipated transition date is targeted for the fall of 2026. In order to continue to move forward with PCE, the City Council must make changes in the City Municipal Code.

ACTION REQUESTED –
ADOPT ORDINANCE AMENDING SUBSECTION 13.30 OF THE OROVILLE MUNICIPAL

CODE IMPLEMENTING A COMMUNITY CHOICE AGGREGATION PROGRAM WITH PIONEER COMMUNITY ENERGY.

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. Official Petition to Council Members

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on March 4, 2025 at 4:00 p.m.

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

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 8

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: HARRIS AND ASSOCIATES PAVEMENT MANAGEMENT PROGRAM

PRESENTATION
DATE: FEBRUARY 18, 2025

SUMMARY
Harris and Associates will present their findings following the initial Pavement Management Program baseline inspections.

DISCUSSION
Between July and October 2024, the City of Oroville’s Pavement Management Program (PMP) was developed from the ground up using Metropolitan Transportation Commission’s (MTC) StreetSaver® Online software. Pavement information was extracted from Butte County’s road centerline GIS shapefile and city boundary data, with input and feedback from City staff shaping a comprehensive database.

A visual survey of all the roads, covering approximately 101 centerline miles of Oroville’s streets, was conducted. Additional refinements to database sections were made based on field observations, ensuring the information integrated into the City’s PMP was accurate and reflective of on-the-ground conditions.

The software focuses on providing cost effective recommendations that enhance the overall system’s Pavement Condition Index (PCI), which is currently at a 52/100. In general, asphalt concrete pavement deteriorates over time by both traffic loading and weathering.

The StreetSaver software recommends that 3% of the road maintenance budget be put towards preventive maintenance treatments such as surface seals and crack seals. The remaining budget is recommended to be allocated to more expensive asphalt concrete overlays and reconstructions. Preventive maintenance treatments are important because they can sustain a road’s PCI at a high level at a relatively low cost.

The following five annual budget scenarios were generated within the software, with 3% of the annual budget applied towards preventative maintenance. 9 Item 1.

Page 2 ends

1. What happens to the PCI if there is no funding toward Street Maintenance over the next 5 years (PCI drops to 30)

2. What happens to the PCI if $2 million goes toward Street Maintenance over the next 5 years (PCI drops to 42)

3. What is needed to maintain a PCI of 52 over the next 5 years ($10.5 million/year)

4. What is needed to Increase the PCI by 5 Points over the next 5 years ($14 million/year)

5. What would be needed to bring the PCI score into a Very Good Condition over the next 5 years - Unconstrained Budget ($31 million/year)

FISCAL IMPACT
None

ACTION REQUESTED -
Accept for Information.

ATTACHMENTS

1. PMP Baseline Study PowerPoint Presentation
10 Item 1.
1 CITY OF OROVILLE
2024-25 PAVEMENT MANAGEMENT

PROGRAM
11 Item 1.
2 WHAT IS A PAVEMENT MANAGEMENT PROGRAM (PMP) ?
• Organizes, Stores, and Retrieves Data
• Makes Quick Analysis and Calculations
• Provides Cost Effective Maintenance Strategies
aAPavement Management Program (PMP) is a:
“Computer Assisted Method of Organizing and Analyzing Information about Pavement Conditions”
12 Item 1.
3 PAVEMENT CONDITION INDEX (PCI)
The Pavement Condition Index (PCI) is a numerical index between 0 and 100 which is used to indicate the general condition of a pavement
13 Item 1.
4 WHY PMP?

MORE COST-EFFECTIVE TO TREAT BEFORE STEEP DECLINE
Pavement Age (Years)

EXCELLENT
(90-100)

VERY GOOD
(70-89)
GOOD
(50-69)
POOR
(25-49)

VERY POOR
(0-24)
4 8 12 16 20
40% DROP
IN

QUALITY
75% OF

PAVEMENT
LIFE
40% DROP
IN

QUALITY
12%

OF LIFE
Rehabilitation Treatment
($80-90 /SQ.YD.)

RECONSTRUCTION
($140-150/SQ.YD.)
PAVEMENT CONDITION (Approx. PCI) RECOMMENDED TREATMENT
Preventative
Treatment
($30/SQ.YD.)
14 Item 1.
5 PMP PROCESS

1. PMP database setup/review

2. Field surveys condition assessment and PMP
database updates

3. PCI calculation 0-100 scale

4. Define treatment options and costs

5. Budget scenarios to develop list of candidate projects PMP Database
Setup/Review Field Surveys
Treatment
Options &
Costs
PCI
Calculations &
Program Updates
Budget
Analysis &
Reports
15 Item 1.
6 OROVILLE’S NETWORK INFORMATION
Arterial 53 12.18 46.85 2,606,911 12% 59
Collector 76 27.91 82.08 4,883,428 28% 56
Residential/Local 361 60.56 122.47 10,234,057 60% 48
Totals 490 100.65 251.40 17,724,396 100% 52
Pavement Mileage by Functional Class
Classification Total
Sections
Total
Center
Line Miles
Total Lane
Miles
Percentage of
Street Network
Total Area
(sq. ft.) PCI
Examples:

Arterials: Montgomery & Lincoln
Collectors: Myers and Mitchell
Residentials: Most Avenues and Streets
16 Item 1.
7 OROVILLE’S MILES OF ROAD BY CONDITION
17 Item 1.
8 EXCELLENT CONDITION CATEGORY (PCI=90-100)
18 Item 1.
9 VERY GOOD CONDITION CATEGORY (PCI=70-89)
PCI=83
19 Item 1.
10 PCI = 50
GOOD CONDITION CATEGORY (PCI=50-69)
20 Item 1.
11 POOR CONDITION CATEGORY (PCI=25-49)
PCI = 30
21 Item 1.
12 VERY POOR/FAILED CONDITION CATEGORY
(PCI=0-24)
PCI = 10
22 Item 1.
13 MAINTENANCE TREATMENTS
Agency’s Maintenance Treatments By Condition Category
Condition PCI Range Typical Maintenance Treatment
Excellent 90-100 Do Nothing.

Very Good 70-89 Seal Cracks
Light Maintenance (Double Microsurfacing, Slurry Seal)
Good 50-69 Heavy Maintenance (Double Microsurfacing, Cape Seal Light Rehab (Mill & Thin Overlay)
Poor 25-49 Heavy Rehab (Mill & Thick Overlay)
Very Poor 0-24 Reconstruction (FDR)
23 Item 1.
14 MAINTENANCE TREATMENTS
24 Item 1.
15 NEEDS ASSESSMENT
Year PCI
(Treated)
Untreated
PCI
Preventative
Maintenance
($M)
Rehab
($M)
Total Needs
($M)
2025 71 51 $ 3,969,147 $ 60,728,711 $ 64,697,858
2026 74 49 $ 502,650 $ 24,216,973 $ 24,719,623
2027 75 45 $ 237,587 $ 28,430,999 $ 28,668,586
2028 81 42 $ 260,808 $ 19,643,968 $ 19,904,776
2029 84 39 $ 32,650 $ 17,174,552 $ 17,207,202
Totals N/A N/A $ 5,002,842 $150,195,203 $ 155,198,045
Budget Needs
25 Item 1.
16 SCENARIOS

1. No Funds ($0)

2. Expected Annual Budget ($2 million/year)

3. Maintain PCI of 52 ($10.5 million/year)

4. 5 Point Increase in PCI ($14 million/year)

5. Unconstrained Budget ($31 million/year)
26 Item 1.
17 27
Item 1.
18 28
Item 1.
19 RECOMMENDATIONS
• Inspect Arterials & Collectors Every 2 Years
• Inspect Residentials Every 4 Years
• Update Maintenance Regularly
29 Item 1.
20 RECOMMENDATIONS
Funding Alternatives
• Truck Route Permit Fee – Leverages a surcharge fee on trucks for use of City roads to help recoup the costs of heavy wheel loads imposed by truck traffic.
• Residential Waste Collection Fee – Surcharge is leveraged on waste companies to account for damage to pavement incurred by heavy waste collection trucks.
• Development Repairs – Fees assessed to new developments to account for increased traffic associated with new residential and commercial tenants.
• Establish Utility Cut Impact Fee – Fee is leveraged against utility to provide compensation for reduced pavement life due to utility cuts and patches.
30 Item 1.
21 RECOMMENDATIONS
• Funding Alternatives
oPursue Local Transportation Sales Tax Measures
oDevote More Local Sales Tax/Revenues to Road Maintenance oEstablish Downtown and Business Improvement Districts
oEstablish Citywide Assessment Districts
31 Item 1.

Page 1 ends

CITY OF OROVILLE

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

SERVICES
RE: INVESTMENT POLICY FOR CALENDAR YEAR 2025
DATE: FEBRUARY 18, 2025

SUMMARY
The City Council shall consider adopting the Statement of Investment Policy for the City of Oroville for the current calendar year.

DISCUSSION
California Government code states that the Treasurer may annually render to the City legislative body a Statement of Investment Policy for consideration at a public meeting. With the elected Treasurer position currently sitting vacant, staff bring forward this policy for consideration, which includes language addressing when the Treasurer position sits vacant.

FISCAL IMPACT
None

ACTION REQUESTED -
ADOPT RESOLUTION NO. 9350 - A RESOLUTION AUTHORIZING ADOPTION OF AN INVESTMENT POLICY FOR THE CITY OF OROVILLE FOR 2025.

ATTACHMENTS

1. Resolution No. 9350

2. Investment Policy
32 Item 1.

CITY OF OROVILLE
RESOLUTION NO. 9350

A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING THE INVESTMENT POLICY FOR THE CITY OF OROVILLE FOR CALENDAR YEAR 2025
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. The Council adopts the Investment Policy for calendar year 2025. b. The City Clerk shall attest to the adoption of the Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on February 18, 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________

DAVID PITTMAN, MAYOR
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ David Ritchie, City Attorney Kayla Reaster, Assistant City Clerk 33 Item 1.

City of Oroville
Statement of Investment Policy
2025
Table of Contents
Section Page

1.0 Policy.................................................................................................................... 3

2.0 Scope ................................................................................................................... 3

3.0 Prudence .............................................................................................................. 3

4.0 Objectives............................................................................................................. 3

5.0 Delegation of Authority ......................................................................................... 4

6.0 Ethics and Conflicts of Interest ............................................................................. 4

7.0 Authorized Financial Dealers and Institutions....................................................... 4

8.0 Authorized Investments ........................................................................................ 5

9.0 Review of Investment Portfolio .………………………………………………………6

10.0 Investment Pools/Mutual Funds ………………………………………………………6

11.0 Collateralization.................................................................................................... 6

12.0 Safekeeping and Custody .................................................................................... 6

13.0 Diversification ....................................................................................................... 7

14.0 Maximum Maturities ............................................................................................. 7

15.0 Internal Control..................................................................................................... 7

16.0 Performance Standards........................................................................................ 7

17.0 Reporting.............................................................................................................. 7

18.0 Investment Policy Adoption .................................................................................. 8

19.0 Glossary…………………………………………………………………………………..8
34 Item 1.
2 City of Oroville
Statement of Investment Policy
2025

1.0 Policy: The City of Oroville (the City) shall invest public funds in such manner as to comply with all federal, state and local statutes; ensure prudent money management; provide for daily cash flow requirements; and meet the objectives in priority order of safety, liquidity and return on investment.

2.0 Scope: This Investment Policy covers all financial assets under the direct authority of the City. In addition, funds held by trustees or fiscal agents are excluded from these rules; however, all funds are subject to regulations established by the state of California. The covered funds, and any new funds created by the City, unless specifically exempted by this policy, are defined in the City’s Comprehensive Annual Financial Report.

3.0 Prudence: The standard of prudence to be used shall be the prudent investor standard and shall be applied in the context of managing the overall portfolio. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

3.1 Any investment official exercising his or her assigned authority with due diligence and prudence in accordance with the written procedures and the Investment Policy will not be held personally liable for any individual investment losses or for total portfolio losses provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments.

4.0 Objectives: The primary objectives of investment activities in order of priority shall be:

4.1 Safety: Safety of principal is the prime objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio.

4.2 Liquidity: The City’s investment portfolio shall be structured in a manner which strives to time the maturity of securities with cash requirements to remain sufficiently liquid to meet all operating 35 Item 1.
3 requirements which might be reasonably anticipated.

4.3 Return on Investments: The City shall attempt to obtain a reasonable return after basic requirements of safety and liquidity have been met.

5.0 Delegation of Authority: Authority to manage the investment program is derived from the City Charter, City Code and the Government Code of the State of California. Management responsibility for the investment program is hereby delegated to the Treasurer (or Finance Director if in the situation where there is no City Treasurer) who shall be responsible for all transactions undertaken and shall establish a system of controls and procedures. The Treasurer (Finance Director if no Treasurer) has the authority to sign all contracts related to the investment of public funds.

5.1 Investment Procedures: The Treasurer (Finance Director if no Treasurer) shall establish written procedures for the operation of the investment program consistent with this investment policy. The procedures should include reference to safekeeping, repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Treasurer (Finance Director if no Treasurer) and approved by the legislative body.

6.0 Ethics and Conflicts of Interest: Officers, employees, elected and appointed officials involved in the investment process shall act responsibly as custodians of the public trust; avoid any transaction that might impair the public confidence or the City’s ability to serve the citizens; refrain from personal business activities that could conflict with proper execution of the investment program or could impair their ability to make impartial investment decisions and abide by the City’s adopted Conflict of Interest Code incorporated by reference into this Investment Policy.

7.0 Authorized Financial Dealers and Institutions: To promote the optimum yield on the investment of City funds, investment procedures shall be designed to encourage competitive bidding on transactions from approved financial institutions and broker-dealers. Dealers and Institutions are defined in California Code as a member of a federally regulated securities exchange, a national or state-chartered bank, a savings association or federal association or a brokerage firm designated as a primary government dealer by the Federal Reserve Bank.

7.1 All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following :
36 Item 1.
4 audited financial statements demonstrating compliance with state and federal capital adequacy guidelines. proof of Financial Industry Regulatory Authority (FINRA) registration, proof of State of California registration and certification of having read the City’s investment policy.
.8.0 Authorized Investments: The Treasurer (Finance Director if no Treasurer) may invest city funds in the following instruments as specified under Section 53601 et seq., of the California Government Code, as now read or hereafter amended, and as further limited in this policy. In the case of bond proceeds permissible investments are limited to those specified in the bond documents in accordance with Section 5922 of the Government Code or other applicable laws. Investments in Deferred Compensation funds are limited to those investments allowed under Section 53609 of the Government Code.

8.1 Except as provided above, the following investments are authorized, as further limited herein:

8.1.1 Obligations of the U.S. Government – Maximum 100%

8.1.2 Time Certificates of Deposits - Maximum 30%. Deposits should not exceed five-year maturity. Deposits will be
collateralized or insured in accordance with the investment policy and placed with nationally or state-chartered banks, a savings association and/or a state or federal credit
union.

8.1.3 Local government investment pools - Maximum
100%. Investments will be made in accordance with laws
and regulations governing these funds.

8.1.4 Repurchase agreements - Maximum 20%. Must be fully Collateralized at 110%, have a maturity of no more than 90 days, and will only be with primary dealers of the
Federal Reserve Bank who have long term debt rated at
AAA by Moody’s or Standard and Poor.

8.1.5 Passbook Savings Account Demand Deposits - Maximum 50%. Deposits must be insured if under
FDIC limit allowed by law, collateralized if over that
limit, and not exceed $1,000,000 with one institution.

8.1.6 SEC Registered Money Market/Mutual Funds – Maximum 20%. Funds must consist of instruments permitted under
Section 53601 of the Government Code.

8.1.7 Bankers’ Acceptance - Maximum 40% and have a maturity of no longer than 180 days.

8.1.8 Investments held separately. Investment of bond funds will be made in conformance with the trust indenture for each issue. Such funds will be held separately when required. 37 Item 1.
5 8.2 If repurchase agreements are legal and authorized by policy, a Master Repurchase Agreement must be signed with the bank or dealer.

9.0 Review of Investment Portfolio: The securities held by the City must be in compliance with Section 8.0 Authorized and Suitable Investments at the time of purchase. To ensure subsequent compliance, the Treasurer (Finance Director if no Treasurer) shall at least quarterly review the portfolio to identify any securities that do not comply and establish procedures to report to the City critical incidents of noncompliance.

10.0 Investment Pools/Mutual Funds: Governmental sponsored pools and/or mutual funds should be carefully reviewed prior to investing and should be monitored on an ongoing basis. Requisite information on the pool includes a statement of investment policy and objectives, a description of interest calculations and how it is distributed and how gains and losses are treated, a description of how the securities are safeguarded (including the settlement process) and how often the securities are priced and the program audited, a description of who may invest in the program, a schedule for receiving statements and portfolio listings, a description of how the pool/fund maintains reserves, earnings, etc. or is all income after expenses distributed to participants, and a fee schedule.

11.0 Collateralization: Investments in time certificates of deposit shall be fully insured up to the maximum allowed by law by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or the Federal Savings and Loan Insurance Corporation, as appropriate.

Investments in time certificates of deposit in excess of the maximum amount allowed by law shall be properly collateralized. Section 53652 of the California Government Code requires that the depository pledge securities with market value of at least 10% in excess of the City’s deposit as collateral in government securities. The City Treasurer (Finance Director if no Treasurer) is responsible for entering into deposit contracts with each depository. Collateral for investments in Repurchase agreements must consist of U. S. Treasury obligations or U. S. Agency obligations. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110% of market value of principal and accrued interest.

12.0 Safekeeping and Custody: All security transactions, including collateral for repurchase agreements shall be conducted on a delivery versus payment (DVP) basis. Securities will be held by a third-party custodian, or in the case of bond proceeds the Trustee, designated by the Treasurer 38 Item 1.
6 (Finance Director if no Treasurer) and evidenced by safekeeping receipts.

The only exception to the foregoing shall be depository accounts and securities purchases made with LAIF, time certificates of deposit and money market mutual funds, since the purchased securities are not deliverable.

13.0 Diversification: The purpose of diversification is to reduce the overall portfolio risks while attaining market average rates of return. The maximum allowable percentage of investments in any one category will be diversified as required by law, or as provided by this policy, whichever is lower. In addition, with the exception of U.S. Treasury securities and the Local Agency Investment Fund, no more than 50% of the total portfolio will be vested in a single security type or with a single financial institution (excluding demand deposits and bond proceeds if allowed by the bond trustee).

14.0 Maximum Maturities: No investment shall be made with a maturity of more than five (5) years unless the Governing Body specifically authorizes the investment. As a general rule the City will not invest in securities maturing more than two (2) years from date of purchase unless they represent reserve funds or other monies set aside to satisfy long term needs such as capital accumulation funds. To the extent possible, investment maturities will be matched against anticipated cash flow requirements.

15.0 Internal Control: The City shall establish an annual process of independent review by the external auditor. This review will provide internal control by assuring compliance with policies and procedures.

16.0 Performance Standards: The investment portfolio shall be designed with the objective of obtaining a rate of return throughout budgetary and economic cycles commensurate with the investment risk constraints and the cash flow needs. The basis used by the Treasurer (Finance Director if no Treasurer) to determine whether market yields are being achieved shall be to identify a comparable benchmark to the portfolio investment duration.

17.0 Reporting: The Treasurer (Finance Director if no Treasurer) shall provide a monthly report posted to the City’s website regarding investment activity and returns on all portfolios which provide a clear picture of the status of the current investment portfolio. The report shall include: Type of investment, issuer, purchase date, date of maturity, amount of deposit or cost of the investment, face value of securities, current market value of securities, rate of interest and interest earnings. If any of the funds are managed by a contracted party, a description shall be included in the 39 Item 1.
7 report. The report shall be reviewed and signed by the Treasurer (Finance Director if no Treasurer), the Director of Finance and the City Administrator.

18.0 Investment Policy Adoption: In accordance with Section 53646(a) of the California Government Code, the Treasurer (Finance Director if no Treasurer) may render annually to the City legislative body a Statement of Investment Policy for consideration at a public meeting. The City’s Investment policy and any modifications shall be adopted by Resolution of the Oroville City Council. Any State Law changes during the year are automatically incorporated into this policy.

19.0 Glossary: Because this policy is available to the public as well as the governing body, a glossary of related terminology is a part of the policy.

Glossary
Accrued Interest. Interest earned but not yet received.

Agencies. Federal Agency securities and/or Government-sponsored enterprises.

Arbitrage. Generally, transactions by which securities are bought and sold in different markets at the same time for the sake of the profit arising from a difference in prices in the two markets.

Asked. The price at which securities are offered.

Bankers’ Acceptances (BA’s). A draft or bill of exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer.

Basis point. One basis point is one hundredth of one percent (.01).

Benchmark. A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio’s investments.

Bid. The price offered by a buyer of securities.

Bond. A financial obligation for which the issuer promises to pay the bondholder 40 Item 1.
8 a specified stream of future cash flows including periodic interest payments and a principal repayment.

Bond Equivalent Yield (BEY). An annual yield, expressed as a percentage, describing the return provided to bond holders. A bond equivalent yield is double the simple interest, semiannual yield.

Book value. The value at which a debt security is shown on the holder’s balance sheet. Book value is the cost less amortization of premium or accretion of a discount.

Broker. A broker brings buyers and sellers together for a commission.

Certificate of Deposit (CD). A time deposit of funds in a bank or savings and loan association with a specific maturity evidenced by a certificate.

Collateral. Securities, evidence of deposit or other property, which a borrower pledges for repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies.

Commercial Paper. Unsecured short-term promissory notes issued by corporations, with maturities ranging from 2 to 270 days, which may be sold on a discount basis or may bear interest. Firms with lower ratings or without well known names usually back their commercial paper with guarantees or bank letters of credit.

Comprehensive Annual Financial Report (CAFR). The official annual financial report of the City. It includes combined statements and basic financial statements for each individual fund and account group prepared in conformity with Generally Accepted Accounting Principles (GAAP).

Corporate Medium Term Notes. Unsecured promissory notes issued by corporations operating within the United States. The notes are in the one to five year maturity range.

Coupon. The annual rate of interest that a bond’s issuer promises to pay the bond holder on the bond’s face value. Also, a certificate attached to a bond evidencing interest due on a payment date.

Credit Risk. The risk to an investor that an issuer will default in the payment of interest and/or principal on a security.

Current Yield (Current Return). The interest paid on an investment expressed as a percentage of the current price of the security. Current yield is only accurate for investments purchased at par.
41 Item 1.
9 Custody. The service of an organization, usually a financial institution, of holding (and reporting) a customer’s securities for safekeeping. The financial institution is known as the custodian.

Dealer. A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account .

Debenture. A bond secured only by the general credit of the issuer.

Delivery versus Payment (DVP). Delivery of securities with a simultaneous exchange of money for the securities.

Derivatives. Financial instruments whose return profile is linked to, or derived from, the movement of one or more underlying index or security, and may include a leveraging factor; or financial contracts based upon noticed amounts whose value is derived from an underlying index or security (interest rates, foreign exchange rates, equities or commodities).

Discount. The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount.

Discount Securities. Non-interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value, (e.g., U. S. Treasury Bills).

Diversification. Dividing investment funds among a variety of securities, offering independent returns.

Duration. A measure of the sensitivity of the price (the value of principal) of a fixed-income investment to a change in interest rates. Duration is expressed as a number of years. Rising interest rates mean falling bond prices, while declining interest rates mean rising bond prices.

Federal Credit Agencies. Agencies of the Federal government set up to supply credit to various classes of institutions and individuals, e.g. S&L’s, small business firms, students, farmers, farm cooperatives, and exporters.

Federal Deposit Insurance Corporation (FDIC). A federal agency that insures bank deposits, currently up to $250,000 per entity.

Federal Funds Rate. The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. 42 Item 1.
10 Federal Home Loan Banks (FHLB). Government sponsored wholesale banks which lend funds and provide correspondent banking service to member commercial banks, thrift institutions, credit unions and insurance companies. The mission of the FHLBs is to liquefy the housing related assets of its members who must purchase stock in their district Bank.

Federal National Mortgage Association (FNMA or Fannie Mae). A federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. FNMA is a private stockholder-owned corporation and assumes and guarantees that all security holders will receive timely payment of principal and interest. The corporation’s purchases include a variety or adjustable mortgages and second loans, in addition to fixed-rate mortgages. FNMA’s securities are highly liquid and are widely accepted.

Federal Open Market Committee (FOMC), Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents.

The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money.

Federal Reserve System. The central bank of the United States which consists of a seven-member Board of Governors in Washington, D.C., 12 regional banks and about 5,700 commercial banks that are members.

Government National Mortgage Association (GNMA or Ginnie Mae).

Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U.S.

Government. Ginnie Mae securities are backed by the FHA, VA or FHA mortgages.

Interest Rate. The annual yield earned on an investment, expressed as a percentage.

Liquidity. The quality of an asset that permits it to be converted quickly into cash without a significant loss in value.

Local Agency Investment Fund (LAIF). A special fund in the State Treasury which local agencies may use to deposit funds for investment and for reinvestment.

Each agency is currently limited by LAIF to an investment of $50 million.

Marketability. The measure of ease with which a security can be sold in the secondary market.
43 Item 1.
11 Market Risk. Defined as market value fluctuations due to overall changes in the general level of interest rates structuring the portfolio based on historic and current cash flow analysis eliminating the need to sell securities prior to maturity and avoiding the purchase of long term securities for the sole purpose of short term speculation.

Market Value - The price at which a security is trading and could presumably be purchased or sold.

Master Repurchase Agreement. A written contract covering all future transactions between the parties to repurchase-reverse repurchase agreements that establish each party’s rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower Maturity Date. The date upon which the principal or stated value of an investment becomes due and payable.

Money Market. The market in which short-term debt instruments (bills, commercial paper, bankers’ acceptance, etc.) are issued and traded.

Mutual Fund. An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments. Mutual funds are regulated by the Investment Company Act of 1940 and must abide by the Securities and Exchange Commission (SEC) disclosure guidelines.

Offer. The price asked by a seller of securities.

Open Market Operations. Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy.

Purchases inject reserves into the bank system and stimulate growth of money and credit; sales have the opposite effect. Open market operations are the Federal Reserve’s most important and most flexible monetary policy tool.

Portfolio. Collection of securities held by an investor.

Primary Dealer. A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight.

Primary dealers include Securities and Exchange Commission (SEC) registered securities broker-dealers, banks, and a few unregulated firms. 44 Item 1.
12 Principal. The face amount or par value of a debt instrument.

Prudent Person Standard. A standard of conduct where a person acts with care, skill, prudence, and diligence when investing or reinvesting.

Qualified Public Depositories. A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of the state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits.

Rate of Return. The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond or the current income return.

Repurchase Agreement (RP or REPO). A holder of securities sells these securities to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security buyer in effect lends the seller money for the period of the agreement, and the terms of the agreement are structured to compensate him for this.

Reverse Repurchase Agreement (Reverse REPO). A reverse-repurchase agreement involves investor borrowing cash from a financial institution in exchange for securities. The investor agrees to repurchase the securities at a specified date for the same cash value plus an agreed upon interest rate. Although the transaction is similar to a repo, the purpose of entering into a reverse repo is quite different. While a repo is a straightforward investment of public funds, the reverse repo is a borrowing.

Safekeeping. A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection.

Secondary Market. A market made for the purchase and sale of outstanding issues following the initial distribution.

Securities & Exchange Commission (SEC). Agency created by Congress to protect investors in securities transaction by administering securities legislation.

Treasury Bills. A non-interest bearing discount security issued by the U.S.

Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year.

Treasury Bonds. Long-term coupon-bearing U.S. Treasury securities issued as 45 Item 1.
13 direct obligations of the U.S. government and having initial maturities of more than ten years.

Treasury Notes. Medium-term coupon-bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to ten years.

Trustee. A Bank designated as the custodian of funds and the official representative for bondholders. In this capacity, the trustee is responsible for enforcing the bondholder’s contract with the issuer.

Uniform Net Capital Rule. Securities and Exchange Commission requirement that member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash.

Yield. The rate of annual income return on an investment, expressed as a percentage. Income yield is obtained by dividing the current dollar income by the current market price for the security. Net yield or yield to maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond.
46 Item 1.

Page 1 ends

CITY OF OROVILLE

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

PAT PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: RESOLUTION TERMINATING BUTTE CHOICE ENERGY JOINT

POWERS AUTHORITY
DATE: FEBRUARY 18, 2025

SUMMARY
Staff continue to work with Pioneer Community Energy (PCE), a Community Choice Aggregator, to transition power supply responsibilities from Pacific Gas and Electric (PG&E) to PCE. The anticipated transition date is targeted for October of 2027. In order to continue to move forward with PCE, the City Council (along with the City of Chico and Butte County) must terminate the Joint Powers Authority with Butte Choice Energy.

DISCUSSION
Community Choice Aggregator (CCA) programs allow local governments to procure electricity generation on behalf of residents and businesses at wholesale market rates while still utilizing the existing transmission and distribution infrastructure of utilities like PG&E. Butte County, along with the cities of Chico and Oroville, previously attempted to establish a local CCA, Butte Choice Energy (BCE), but market conditions prevented its launch.

Pioneer is a Joint Powers Authority (JPA) serving El Dorado, Placer Counties, and several cities in our region. Like BCE, Pioneer is committed to local investments in renewable energy, economic development, and energy efficiency programs. Pioneer prioritizes ratepayer savings and local control, working to provide competitive electricity rates with a discount over PG&E.

On October 1, 2024, the Council directed staff to move forward with Pioneer. On December 19, 2024, the Pioneer Governing Board approved this expansion effort and an amendment to their JPA.

An agency cannot be a member of two separate CCA JPA’s. All parties included in the BCE JPA have mutually agreed to terminate the JPA, and are taking actions to their governing body to memorialize this action.

FISCAL IMPACT
None.

RECOMMENDATION
47 Item 2.

Page 2 ends

Approve resolution terminating Butte Choice Energy Authority Joint Powers Authority. 48 Item 2.

CITY OF OROVILLE
RESOLUTION NO. 9347

RESOLUTION TERMINATING THE BUTTE CHOICE ENERGY

JOINT POWERS AUTHORITY
WHEREAS, in 2019, the City of Oroville, the City of Chico, and the County of Butte investigated options to provide electric services to customers within each jurisdiction; and WHEREAS, a feasibility study was conducted regarding the formation of a community choice aggregation (CCA) program, with the goals of providing rate savings to residents and businesses on electrical bills, local control over power supply choices, local control over programs that further increase economic development and local control over energy-related projects; and WHEREAS, under Section 366.2, two or more entities authorized to be a community choice aggregator may participate as a group in a CCA program through a joint powers authority; and WHEREAS, the City of Oroville, the City of Chico, and the County of Butte formed a Joint Powers Authority (JPA), creating Butte Choice Energy (BCE) per all applicable regulations, with the intent of entering into agreements with power suppliers to provide power to local residents and businesses; and
WHEREAS, conditions in the energy market changed drastically in 2021, resulting in the delay of the launch of BCE and continue to pose problems for new CCA’s to establish; and WHEREAS, Pioneer Community Energy (Pioneer), a well-established, successful CCA, has reached out to the City of Oroville, the City of Chico, the County of Butte, and the Town of Paradise about joining Pioneer; and
WHEREAS, an agency cannot be a member of two CCA JPA’s; and WHEREAS, to move forward as a potential member of Pioneer, in accordance to section 8.3 of the BCE JPA, each BCE member must agree to terminate the BCE JPA and pass a resolution requesting to join Pioneer along with applicable Ordinance changes; and WHEREAS, Pioneer would like each agency to adopt the ordinance in February 2025 to allow them time to submit an implementation plan to the California Public Utilities Commission in March 2025.

NOW, THEREFORE, BE IT RESOLVED that the Oroville City Council formally requests, in accordance with section 8.3 of the Butte Choice Energy Authority JPA Agreement, to terminate the BCE JPA, to allow membership in Pioneer Community Energy.

ADOPTED this 18
th day of February, 2025, by the following vote:
49 Item 2.

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________ _____________________________ David Pittman, Mayor Kayla Reaster, Assistant City Clerk ________________________________
Scott Huber, City Attorney
50 Item 2.
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BUTTE CHOICE ENERGY JOINT POWERS AGREEMENT
This Joint Powers Agreement (the "Agreement"), effective as of November 5, 2019, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the public agencies set forth in Exhibit A.

RECITALS

1. The Parties are public agencies sharing various powers under California laws, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and their inhabitants.

In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32, which will require local government to develop programs to reduce greenhouse emissions.

2. The purposes for the Initial Participants (as such term is defined in Section 2.3 below) entering into this Agreement include local economic benefits such as jobs creation, community energy programs and local power development; securing energy supply and price stability, addressing climate change by reducing energy related greenhouse gas emissions; energy efficiencies. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to solar, wind and hydro energy production.

3. The Parties desire to establish a separate public agency, known as the Butte Choice Energy Authority ("Authority"), under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) ("Act") in order to collectively study, promote, develop, conduct, operate, and manage energy programs.

Authority may change its name at any time through adoption of a resolution of the Board.

4. The Initial Participants have each adopted an ordinance electing to implement through the Authority a Community Choice Aggregation program pursuant to California Public Utilities Code Section 366.2 ("CCA Program"). The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program.

5. By establishing the Authority, the Parties seek to:
a. Provide electricity rates that are lower or equal to those offered by Pacific Gas and Electric (“PG&E”) for similar products;
b. Achieve quantifiable economic benefits to the region; c. Develop an electric supply portfolio with overall lower greenhouse gas intensity and lower greenhouse gas (GHG) emissions than PG&E, and one that supports the achievement of the parties' greenhouse gas reduction goals and the comparable goals of all participating jurisdictions;
51 Item 2.
- 2 -
d. Establish an energy portfolio that encourages the use and development of costeffective local renewable and distributed energy resources and that discourages the use unbundled renewable energy credits;
e. Promote an energy portfolio that incorporates energy efficiency and demand response programs and pursues ambitious energy consumption reduction goals; f. Offer differentiated energy options (e.g. 33% or 50% qualified renewable) for default service, and a 100% renewable content option in which customers may "opt-up" and voluntarily participate;
g. Recognize the value of current workers in existing jobs that support the energy infrastructure of Butte County;
h. Promote personal and community ownership of renewable resources, spurring equitable economic development and increased resilience, especially in low income communities;
i. Provide and manage its energy portfolio and products in a manner that provides cost savings to customers and promotes public health in areas impacted by energy production;
j. Ensure that low-income households and communities are provided with affordable and flexible energy options, including the provision of energy discounted rates to eligible low-income households;
k. Recognize and address the importance of healthy communities, including those disproportionately affected by air pollution and climate change; l. Use program revenues to provide energy-related programs and services; and m. Create an administering Authority that is financially sustainable, responsive to regional priorities, well-managed, and a leader in fair and equitable treatment of employees.

1. DEFINITIONS

1.1 "Act" means the Joint Exercise of Powers Act of the State of California (Chapter 5, Division 7, Title 1 of the Government Code commencing with Section 6500).

1.2 "Agreement" means this Joint Powers Agreement.

1.3 "Authority" means Butte Choice Energy Authority.

1.4 "Authority Document(s)" means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Policies and Procedures, the annual budget, and plans and policies.

1.5 "Board" means the Board of Directors of the Authority. 52 Item 2.
- 3 -

1.6 "Community Choice Aggregation" or "CCA" means an electric service option available to cities, counties, and other public agencies pursuant to Public Utilities Code Section 366.2.

1.7 "CCA Program" means the Authority's program relating to CCA that is principally described in Section 2.4 (Purpose) of this Agreement.

1.8 "Days" shall mean calendar days unless otherwise specified by this Agreement.

1.9 "Director" means a member of the Board representing a Party, including up to two alternate Directors appointed in accordance with Sections 4.1 (Board of Directors) and 4.2 (Appointment and Removal of Directors) of this Agreement.

1.10 "Effective Date" means the date on which the Agreement shall become effective and the Authority shall exist as a separate public agency, as further described in Section 2.1 (Effective Date and Term) of this Agreement.

1.11 "Initial Costs" means all costs incurred by the Authority relating to the establishment and initial operation of the Authority, such as the hiring of the executive, technical, and any administrative staff, any required accounting, administrative, technical and legal services in support of the Authority's initial formation activities or in support of the negotiation, preparation and approval of power purchase agreements. The Board shall determine the termination date for the Initial Costs.

1.12 "Initial Participants" means, for purpose of this Agreement, the County of Butte, City of Chico, and the City of Oroville (the County of Butte and the City of Chico are required for this agreement to be effective), and any other Parties joining in accordance with Section 2.3 (Initial Participants) of this Agreement.

1.13 "Operating Policies and Procedures" means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority.

1.14 "Parties" means, collectively, the signatories to this Agreement that have satisfied the conditions in Section 2.3 (Initial Participants) or Section 2.5 (Addition of Parties) of this Agreement, such that they are considered members of the Authority.

1.15 "Party" means, singularly, a signatory to this Agreement that has satisfied the conditions in Section 2.3 (Initial Participants) or Section 2.5 (Addition of Parties) of this Agreement, such that it is considered a member of the Authority.

1.16 "Public Agency" as defined in the Act includes, but is not limited to, the federal government or any federal department or agency, this state, another state or any state department or agency, a county, a county board of education, county superintendent of schools, city, public corporation, public district, regional transportation commission of this state or another state, a federally recognized Indian tribe, or any joint powers authority formed pursuant to the Act. 53 Item 2.
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2. FORMATION OF BUTTE CHOICE ENERGY AUTHORITY

2.1 Effective Date and Term. This Agreement shall become effective and the Authority shall exist as a separate public agency on the date this Agreement is executed by the County of Butte and at least one other public agency after the adoption of the ordinances required by Public Utilities Code Section 366.2(c)(12). The Authority shall provide notice to the Parties of the Effective Date.

The Authority shall continue to exist, and this Agreement shall be effective, until the Agreement is terminated in accordance with Section 8.3 (Mutual Termination) of this Agreement, subject to the rights of the Parties to withdraw from the Authority.

2.2 Formation of the Authority. Under the Act, the Parties hereby create a separate joint exercise of power agency which is named Butte Choice Energy Authority.

Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. The debts, liabilities or obligations of the Authority shall not be debts, liabilities or obligations of the individual Parties unless the governing body of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. The jurisdiction of the Authority shall be all territory within the geographic boundaries of the Parties; however the Authority may, as authorized under applicable law, undertake any action outside such geographic boundaries as is necessary and incidental to the accomplishment of its purpose.

2.3 Initial Participants. In addition to Parties executing this Agreement on or prior to the Effective Date, any incorporated municipality, county, or other eligible public agency may become a Party and recognized as an Initial Participant provided during the first 180 days after the Effective Date it executes this Agreement and delivers an executed copy of this Agreement and a copy of the adopted ordinance required by Public Utilities Code Section 366.2(c)(12) to the Authority. All Initial Participants to this Agreement shall be required to commence electric service as soon as practicable, as determined by the Board.

2.4 Purpose. The purpose and objectives of this Agreement are to establish the Authority, to provide for its governance and administration, and to define the rights and obligations of the Parties. This Agreement authorizes the Authority to provide a means by which the Parties can more effectively develop and implement sustainable energy initiatives that reduce energy demand, increase energy efficiency, and advance the use of clean, efficient, and renewable resources in the region for the benefit of the Parties and their constituents, including, but not limited to, establishing and operating a Community Choice Aggregation program.

2.5 Addition of Parties. After 180 days from the Effective Date any incorporated municipality, county, or other public agency may become a Party to this Agreement if all of the following conditions are met:

2.5.1 The adoption of a resolution of the Board admitting the public agency to the Authority;
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2.5.2 The adoption by an affirmative vote of the Board satisfying the requirements described in Section 4.10 (Board Voting) of this Agreement, of a resolution authorizing membership into the Authority and establishing its pro rata share of organizational, planning and other pre-existing expenditures, and describing additional conditions, if any, associated with membership;

2.5.3 The adoption by the public agency of an ordinance required by Public Utilities Code Section 366.2(c)(12) and approval and execution of this Agreement and other necessary program agreements by the public agency;

2.5.4 Payment of the membership payment, if any; and

2.5.5 Satisfaction of any reasonable conditions established by the Board.

Pursuant to this Section 2.5 (Addition of Parties), all parties shall be required to commence electric service as soon as is practicable, as determined by the Board, as a condition to becoming a Party to this Agreement.

2.6 Continuing Participation. The Parties acknowledge that membership in the Authority may change by the addition, withdrawal and/or termination of Parties. The Parties agree to participate with such other Parties as may later be added, as described in Section 2.5 (Addition of Parties) of this Agreement. The Parties also agree that the withdrawal or termination of a Party shall not affect this Agreement or the remaining Parties' continuing obligations under this Agreement.

3. POWERS

3.1 General Powers. The Authority shall have the powers common to the Parties and which are necessary or convenient to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 3.4 (Limitation on Powers) of this Agreement. As provided in the Act, the Authority shall be a public agency separate and apart from the Parties.

3.2 Specific Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following:

3.2.1 make and enter into contracts;

3.2.2 employ agents and employees, including but not limited to an Executive Director;

3.2.3 acquire, contract, manage, maintain, and operate any buildings, works or improvements;

3.2.4 acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; 55 Item 2.
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3.2.5 lease any property;

3.2.6 sue and be sued in its own name;

3.2.7 incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers authorized by law pursuant to Government Code Section 53850 et seq. and authority under the Act;

3.2.8 issue revenue bonds and other forms of indebtedness;

3.2.9 apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state or local public agency;

3.2.10 form independent corporations or entities, if necessary to carry out energy supply and energy conservation programs at the lowest possible cost or to take advantage of legislative or regulatory changes;

3.2.11 submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;

3.2.12 adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority ("Operating Policies and Procedures"); and

3.2.13 make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services.

3.3 Additional Powers to be Exercised. In addition to those powers common to each of the Parties, the Authority shall have those powers that may be conferred upon it as a matter of law and by subsequently enacted legislation.

3.4 Limitation on Powers. As required by Section 6509 of the Act, the powers of the Authority are subject to the restrictions upon the manner of exercising power possessed by the County of Butte. In addition, the Authority shall not have the power to sponsor or become a party to any defined-benefit retirement plan for its employees. Any retirement benefits for Authority employees must be approved by unanimous consent of the Board.

3.5 Obligations of the Authority. The debts, liabilities, and obligations of the Authority shall not be the debts, liabilities, and obligations of the Parties unless the governing body of a Party agrees in writing to assume any of the debts, liabilities, and obligations of the Authority. In addition, pursuant to the Act, no Director shall be personally liable on the bonds or subject to any personal liability or accountability by reason of the issuance of bonds. 56 Item 2.
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3.6 Compliance with the Political Reform Act and Government Code Section 1090. The Authority and its officers and employees shall comply with the Political Reform Act (Government Code Section 81000 et seq.) and Government Code Section 1090 et seq. The Board shall adopt a Conflict of Interest Code pursuant to Government Code Section 87300. The Board may adopt additional conflict of interest regulations in the Operating Policies and Procedures.

4. GOVERNANCE

4.1 Board of Directors. The governing body of the Authority shall be a Board of Directors ("Board") consisting of two directors for each Party appointed in accordance with Section 4.2 (Appointment and Removal of Directors) of this Agreement. The Board, in consultation with the Executive Director, may determine at any time to consider options to reduce the size of the Board if it determines that the efficient functioning and operation of the Board would be improved by having a smaller number of Directors. Any such change to the size of the Board would require amendment of this Joint Powers Agreement in accordance with Section 4.11 (Special Voting).

4.2 Appointment and Removal of Directors. The Directors shall be appointed and may be removed as follows:

4.2.1 The governing body of each Party shall appoint and designate in writing two regular Directors who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The governing body of each Party shall appoint and designate in writing up to two alternate Directors who may vote on matters when the regular Directors are absent from a Board meeting. The persons appointed and designated as the regular Directors shall be an elected members of the governing body of the Party. The persons appointed and designated as the alternate Directors shall be elected members of the governing body of the Party. All Directors and alternates shall be subject to the Board's adopted Conflict of Interest Code.

4.2.2 The Operating Policies and Procedures, to be developed and approved by the Board in accordance with Section 3.2.12 (Specific Powers), shall specify the reasons for and process associated with the removal of an individual Director for cause. Notwithstanding the foregoing, no Party shall be deprived of its right to seat a Director on the Board and any such Party for which its Director and/or alternate Directors have been removed may appoint a replacement.

4.3 Terms of Office. Each regular and alternate Director shall serve at the pleasure of the governing body of the Party that the Director represents, and may be removed as Director by such governing body at any time. If at any time a vacancy occurs on the Board, the affected Party shall appoint to fill the position of the previous Director within 90 days of the date that such position becomes vacant. 57 Item 2.
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4.4 Purpose of Board. The general purpose of the Board is to:

4.4.1 Provide structure for administrative and fiscal oversight;

4.4.2 Retain an Executive Director to oversee day-to-day operations;

4.4.3 Retain legal counsel;

4.4.4 Identify and pursue funding sources;

4.4.5 Set policy;

4.4.6 Maximize the utilization of available resources; and

4.4.7 Oversee all Committee activities.

4.5 Specific Responsibilities of the Board. The specific responsibilities of the Board shall be as follows:

4.5.1 Identify Authority needs and requirements;

4.5.2 Formulate and adopt the budget prior to the commencement of the fiscal year;

4.5.3 Develop and implement a financing and/or funding plan for ongoing Authority operations;

4.5.4 Retain necessary and sufficient staff and adopt personnel and compensation policies, rules and regulations subject to the limitations of Section 3.4; Adopt rules for procuring supplies, equipment, and services;

4.5.5 Adopt rules for the disposal of surplus property;

4.5.6 Establish standing and ad hoc committees as necessary to ensure that the interests and concerns of each Party are represented and to ensure operational, technical, and financial issues are thoroughly researched and analyzed;

4.5.7 The setting of retail rates for power sold by the Authority and the setting of charges for any other category of retail service provided by the Authority;

4.5.8 Termination of the CCA Program;

4.5.9 Address any concerns of consumers and customers;

4.5.10 Conduct and oversee Authority audits at intervals not to exceed three years;

4.5.11 Arrange for an annual independent fiscal audit;
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4.5.12 Adopt such bylaws, rules and regulations as are necessary or desirable for the purposes hereof; provided that nothing in the bylaws, rules and regulations shall be inconsistent with this Agreement;

4.5.13 Exercise the Specific Powers identified in Sections 3.2 and 4.6 except as the Board may elect to delegate to the Executive Director; and

4.5.14 Discharge other duties as appropriate or required by statute.

4.6 Startup Responsibilities. The Authority shall have the duty to do the following within one year of the Effective Date of the Agreement:

4.6.1 To adopt an implementation plan prepared by EES Consulting, pursuant to Public Utilities Code Section 366.2(c)(3), for electrical load aggregation;

4.6.2 To prepare a statement of intent, pursuant to Public Utilities Code Section 366.2(c)(4), for electrical load aggregation;

4.6.3 To encourage other qualified public agencies to participate in the Authority;

4.6.4 To obtain financing and/or funding as is necessary or desirable;

4.6.5 To evaluate the need for, acquire, and maintain adequate levels of insurance coverage protection for potential liabilities.

4.7 Meetings and Special Meetings of the Board. The Board shall hold at least one regular meeting per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of Government Code Section 54956.

Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.

4.8 Brown Act Applicable. All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (Government Code Section 54950, et seq.).

4.9 Quorum; Approvals. A majority of the Directors shall constitute a quorum, except that less than a quorum may adjourn from time to time in accordance with law. The affirmative votes of a majority of the Directors who are present at the subject meeting shall be required to take any action by the Board.

4.10 Board Voting.

4.10.1 Percentage Vote. Each Director shall have one vote. Action of the Board on all matters shall require an affirmative vote of a majority of all Directors who are present at the subject meeting, provided, however, that notwithstanding anything herein to the contrary, so long as Authority consists of three or less members, all actions of the Board shall require the affirmative vote of at least one director appointed by each Party. In some cases expressed in this Agreement, a supermajority vote is expressly 59 Item 2.
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required. When a supermajority vote is required under Section 4.11 (Special Voting), action of the Board shall require an affirmative vote of the specified supermajority of all Directors who are present at the subject meeting. All votes taken pursuant to this Section 4.10.1 shall be referred to as a percentage vote. Notwithstanding the foregoing, in the event of a tie in a percentage vote, the Board can break the tie and act upon an affirmative voting shares vote as described in section 4.10.2 (Voting Shares Vote).

4.10.2 Voting Shares Vote. In addition to and immediately after an affirmative percentage vote, two or more Directors, each appointed by a different Party, may request that a vote of the voting shares shall be held. In such event, the corresponding voting shares, as described in section 4.10.3, of all Directors voting in order to take an action shall exceed 50%, or such other higher voting shares percentage expressly required by this Agreement or the Operating Policies and Procedures of all Directors who are present at the subject meeting. All votes taken pursuant to this Section

4.10.2 shall be referred to as a voting shares vote. In the event that any one Director has a voting share that equals or exceeds that which is necessary to disapprove the matter being voted on by the Board, at least one other Director shall be required to vote in the negative in order to disapprove such matter. When a voting shares vote is held, action by the Board requires both an affirmative percentage vote and an affirmative voting shares vote.

4.10.3 Voting Shares Formula. When a voting shares vote is requested by two or more Directors appointed by different Parties, voting shares of the Directors shall be determined by the following formula:
(Annual Energy Use/Total Annual Energy) multiplied by 100, where (a) "Annual Energy Use" means (i) with respect to the first two years following the Effective Date, the annual electricity usage, expressed in kilowatt hours ("kWh"), within the Party's respective jurisdiction and (ii) with respect to the period after the second anniversary of the Effective Date, the annual electricity usage, expressed in kWh, of accounts within a Party's respective jurisdiction that are served by the Authority and (b) "Total Annual Energy" means the sum of all Parties' Annual Energy Use.

4.11 Special Voting.

4.11.1 Except as provided below, matters that require Special Voting as described in this Section shall require 72 hours prior notice to any Brown Act meeting or special meeting. Two-thirds vote (or such greater vote as required by state law) of the appointed Directors shall be required to take any action on the following:
(a) Change the designation of Treasurer or Auditor of the Authority; (b) Issue bonds or other forms of debt;
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(c) Exercise the power of eminent domain, subject to prior approval by the passage of an authorizing ordinance or other legally sufficient action by the affected Party; and
(d) Amend this Agreement or adopt or amend the bylaws of the Authority. At least 30 days advance notice shall be provided for such actions. The Authority shall also provide prompt written notice to all Parties of the action taken and enclose the adopted or modified documents.

5. INTERNAL ORGANIZATION

5.1 Chair and Vice Chair. For each fiscal year, the Board shall elect a Chair and Vice Chair from among the Directors. The term of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. The Chair shall be the presiding officer of all Board meetings, and the Vice Chair shall serve in the absence of the Chair. The Chair shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board. In the absence of the Chair, the Vice-Chair shall sign contracts and perform all of the Chair's duties. The office of the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its representative on the Board, or (b) the Party that he or she represents withdraws from the Authority pursuant to the provisions of this Agreement. Upon a vacancy, the position shall be filled at the next regular meeting of the Board held after such vacancy occurs or as soon as practicable thereafter.

Succeeding officers shall perform the duties normal to said offices.

5.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other office records of the Authority.

5.3 Treasurer. The Board shall appoint a qualified person to act as the Treasurer, who need not be a member of the Board. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6506 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act.

The Board may require the Treasurer to file with the Authority an official bond in an amount to be fixed by the Board, and if so requested the Authority shall pay the cost of premiums associated with the bond. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time.

5.4 Auditor. The Board shall appoint a qualified person to act as the Auditor, who shall not be a member of the Board. The Board may require the Auditor to file with the Authority an official bond in an amount to be fixed by the Board, and if so requested the Authority shall pay the cost of premiums associated with the bond. 61 Item 2.
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5.5 Executive Director. The Board shall appoint or contract with an Executive Director for the Authority, who shall be responsible for the day-to-day operation and management of the Authority and the CCA Program. The Executive Director may exercise all powers of the Authority, except those powers specifically reserved to the Board including but not limited to those set forth in Section 4.5 (Specific Responsibilities of the Board) of this Agreement or the Operating Policies and Procedures, or those powers which by law must be exercised by the Board. The Executive Director may enter into and execute any Energy Contract, in accordance with criteria and policies established by the Board. The Board, at its option, may choose to contract with a separate entity for the services of an Executive Director.

5.6 Bonding of Persons Having Access to Property. Pursuant to the Act, the Board shall designate the public officer or officers or person or persons who have charge of, handle, or have access to any property of the Authority exceeding a value as established by the Board, and shall require such public officer or officers or person or persons to file an official bond in an amount to be fixed by the Board.

5.7 Other Employees/Agents. The Board shall have the power by resolution to hire employees or appoint or retain such other agents, including officers, loan-out employees, or independent contractors, as may be necessary or desirable to carryout the purpose of this Agreement.

5.8 Privileges and Immunities from Liability. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers' compensation and other benefits which apply to the activities of officers, agents or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement. None of the officers, agents or employees directly employed by the Board shall be deemed, by reason of their employment by the Authority to be employed by the Parties or by reason of their employment by the Authority, to be subject to any of the requirements of the Parties.

5.9 Commissions, Boards and Committees. The Board may establish any advisory commissions, boards and committees as the Board deems appropriate to assist the Board in carrying outs its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees and shall determine whether members shall be compensated or entitled to reimbursement for expenses.
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5.9.1 The Board may also establish the following Advisory Committees:
(a) Executive Committee. The Board may establish an executive committee consisting of a smaller number of Directors. The Board may delegate to the Executive Committee's such authority as the Board might otherwise exercise, except that the Board may not delegate authority regarding certain essential functions, including but not limited to, approving the fiscal year budget or hiring or firing the Executive Director, and other functions as provided in the Operating Policies and Procedures. The Board may not delegate to the Executive Committee or any other committee its authority under Section 3.2.12 to adopt and amend the Operating Policies and Procedures.
(b) Finance Committee. The Board may establish a finance committee consisting of a smaller number of Directors. The primary purpose of the Finance Committee is to review and recommend to the Board:
(1) A funding plan;
(2) A fiscal year budget;
(3) Financial policies and procedures to ensure equitable contributions byParties;
(4) Such other responsibilities as provided in the Operating Policies and Procedures, including but not limited to
policies, rules and regulations governing investment of surplus funds, and selection and designation of financial institutions for deposit of Authority funds.
(c) Community Advisory Committee. The Board may establish a community advisory committee comprised of members of the public representing key stakeholder communities. The primary purpose of the Community Advisory Committee shall be to provide a venue for ongoing citizen support and engagement in the operations of the Authority.
(d) Meetings of the Advisory Committees. All meetings of the Advisory Committees shall be held in accordance with the Ralph M. Brown Act. For the purposes of convening meetings and conducting business, unless otherwise provided in the bylaws, a majority of the members of the Advisory Committee shall constitute a quorum for the transaction of business, except that less than a quorum or the secretary of each Advisory Committee may adjourn meetings from time-to-time. As soon as practicable, but no later than the time of posting, the Secretary of the Advisory Committee shall provide notice and the agenda to each Party, Director and Alternate Directors.
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(e) Officers of Advisory Committees. Unless otherwise determined by the Board, each Advisory Committee shall choose its officers, comprised of a Chairperson, a Vice-Chairperson and aSecretary.

6. IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS

6.1 Preliminary Implementation of the CCA Program.

6.1.1 Enabling Ordinance. In addition to the execution of this Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority.

6.1.2 Implementation Plan. The Authority shall cause to be prepared and secure Board approval of an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable.

6.1.3 Termination of CCA Program. Nothing contained in this Section 6 or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law.

6.2 Authority Documents. The Parties acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution or minute action, including but not necessarily limited to the Operating Policies and Procedures, the annual budget, and specified plans and policies defined as the Authority Documents by this Agreement. The Parties agree to abide by and comply with the terms and conditions of all such Authority Documents that may be adopted by the Board, subject to the Parties' right to withdraw from the Authority as described in Section 8 (Withdrawal and Termination) of this Agreement.

7. FINANCIAL PROVISIONS

7.1 Fiscal Year. The Authority's fiscal year shall be 12 months commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution.

7.2 Depository.

7.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or any other person or entity.

7.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection and duplication by the Parties at all reasonable times.

The Board shall contract with a certified public accountant or public 64 Item 2.
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accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted in accordance with the requirements of Section 6506 of the Act.

7.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Policies and Procedures. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.

7.3 Budget and Recovery Costs.

7.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the Authority shall be prepared and approved by the Board in accordance with the Operating Policies and Procedures.

7.3.2 Funding of Initial Costs. The County of Butte has funded certain activities necessary to implement the CCA Program. Further, it is anticipated that additional costs will be incurred by other Parties. If the CCA Program becomes operational, these initial costs paid by the Parties shall be included in the customer charges for electric services as provided by Section 7.3.3 (to the extent recovery of such costs is permitted by law), and the Parties shall be reimbursed from the payment of such charges by customers of Authority. Prior to such reimbursement, the Parties shall provide such documentation of costs paid as the Board may request.

Authority may establish a reasonable time period over which such costs are to be recovered. In the event that the CCA program does not become operational, the Parties shall not be entitled to any reimbursement of the initial costs that have been paid.

7.3.3 Program Costs. The Parties desire that, to the extent reasonably practicable, all costs incurred by the Authority that are directly or indirectly attributable to the provision of electric services under the CCA Program, including the establishment and maintenance of various reserve and performance funds, shall be recovered through charges to CCA customers receiving such electric services.

7.4 Contributions. Parties are not required under this Agreement to make any financial contributions. Consumers may subscribe as customers of the Authority pursuant to the Act and outside of this Agreement and through their on-bill selections.

7.4.1 A Party may, in the appropriate circumstance, and when agreed-to:
(a) Make contributions from its treasury for the purposes set forth in this Agreement;
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(b) Make payments of public funds to defray the cost of the purposes of the Agreement and Authority;
(c) Make advances of public funds for such purposes, such advances to be repaid as provided by written agreement; or
(d) Use its personnel, equipment or property in lieu of other contributions oradvances.
(e) No Party shall be required to adopt any tax, assessment, fee or charge under any circumstances.

7.5 Accounts and Reports. The Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice or by any provision of any trust agreement entered into with respect to the proceeds of any bonds issued by the Authority. The books and records of the Authority in the hands of the Treasurer shall be open to inspection and duplication at all reasonable times by duly appointed representatives of the Parties. The Treasurer, within 180 days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Parties.

7.6 Funds. The Treasurer shall receive, have custody of and/or disburse Authority funds in accordance with the laws applicable to public agencies and generally accepted accounting practices, and shall make the disbursements required by this Agreement in order to carry out any of the purposes of this Agreement.

8. WITHDRAWAL AND TERMINATION

8.1 Withdrawal

8.1.1 Withdrawal by Parties. Any Party may withdraw its membership in the Authority, effective as of the beginning of the Authority's fiscal year, by giving no less than 180 days advance written notice of its election to do so, which notice shall be given to the Authority and each Party. Withdrawal of a Party shall require an affirmative vote of the Party's governing board.

8.1.2 Amendment. Notwithstanding Section 8.1.1 (Withdrawal by Parties) of this Agreement, a Party may withdraw its membership in the Authority upon approval and execution of an amendment to this Agreement provided that the requirements of this Section 8.1.2 are strictly followed. A Party shall be deemed to have withdrawn its membership in the Authority effective 180 days after the Board approves an amendment to this Agreement if the Director representing such Party has provided notice to the other Directors immediately preceding the Board's vote of the Party's intention to withdraw its membership in the Authority should the amendment be approved by the Board.

8.1.3 The Right to Withdraw Prior to Program Launch. After receiving bids from power suppliers, Authority shall provide to the Parties the report from the electrical utility consultant retained by Authority that compares the total 66 Item 2.
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estimated electrical rates that Authority will be charging to customers as well as the estimated greenhouse gas emissions rate and the amount of estimated renewable energy used with that of the incumbent utility. If the report provides that Authority is unable to provide total electrical rates, as part of its baseline offering, to the customers that are equal to or lower than PG&E or to provide power in a manner that has a lower greenhouse gas emission rate or uses less renewable energy than the incumbent utility, a Party may immediately withdraw its membership in Authority without any financial obligation, as long as the Party provides written notice of its intent to withdraw to Authority Board no more than fifteen (15) days after receiving the report. Any withdrawing participant shall not be entitled to any return of funds provided to Authority, provided, however, that if, after program is launched there are unobligated and unused funds, the withdrawing participant shall be refunded its pro rata share of the unobligated and unused funds.

8.1.4 Continuing Liability; Further Assurances. A Party that withdraws its membership in the Authority may be subject to certain continuing liabilities, as described in Section 8.4 (Continuing Liability; Refund) of this Agreement, including, but not limited to, Power Purchase Agreements. The withdrawing Party and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from membership in the Authority. The Operating Policies and Procedures shall prescribe the rights if any of a withdrawn Party to continue to participate in those Board discussions and decisions affecting customers of the CCA Program that reside or do business within the jurisdiction of the Party.

8.2 Involuntary Termination. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement or the Authority Documents upon an affirmative vote of the Board in which the minimum percentage vote and percentage voting shares, as described in Section 4.10 (Board Voting) of this Agreement, shall be no less than 67% (excluding the vote and voting shares of the Party subject to possible termination). Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or the Authority Documents that the Party has allegedly violated.

The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party that has had its membership in the Authority terminated may be subject to certain continuing liabilities, as described in Section 8.4 (Continuing Liability; Refund) of this Agreement. In the event that the Authority decides to not implement the CCA Program, the minimum percentage vote of 67% shall be conducted in accordance with Section 4.10 (Board Voting) of this Agreement.

8.3 Mutual Termination. This Agreement may be terminated by mutual agreement of 67 Item 2.
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all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in the Authority, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 8.1 (Withdrawal) of this Agreement.

8.4 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, or liabilities arising from the Party's membership in the Authority through the date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any claims, demands, damages, or liabilities arising after the date of the Party's withdrawal or involuntary termination. In addition, such Party also shall be responsible for any costs or obligations associated with the Party's participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority, to cover the Party's liability for the costs described above. Any amount of the Party's funds held on deposit with the Authority above that which is required to pay any liabilities or obligations shall be returned to the Party.

8.5 Disposition of Authority Assets. Upon termination of this Agreement and dissolution of the Authority by all Parties, and after payment of all obligations of the Authority, the Board:

8.5.1 May sell or liquidate Authority property; and

8.5.2 Shall distribute assets to Parties in proportion to the contributions made by the existing Parties.

Any assets provided by a Party to the Authority shall remain the asset of that Party and shall not be subject to distribution under this section.

9. MISCELLANEOUS PROVISIONS

9.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Before exercising any remedy provided by law, a Party or the Parties and the Authority may engage in nonbinding mediation in the manner agreed upon by the Party or Parties and the Authority. In the event that nonbinding mediation is not initiated or does not result in the settlement of a dispute within 60 days after the demand for mediation is made, any Party and the Authority may pursue any remedies provided by law.

9.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Section 995 et seq. Nothing 68 Item 2.
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in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees.

9.3 Indemnification of Parties. The Authority shall acquire such insurance coverage as is necessary to protect the interests of the Authority, the Parties and the public.

The Authority shall defend, indemnify and hold harmless the Parties and each of their respective governing board members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts and omissions of the Authority under this Agreement.

9.4 Notices. Any notice required or permitted to be made hereunder shall be in writing and shall be delivered in the manner prescribed herein at the principal place of business of each Party. The Parties may give notice by (1) personal delivery; (2) email; (3) U.S. Mail, first class postage prepaid, or a faster delivery method; or (4) by any other reasonable method deemed appropriate by the Board.

Upon providing written notice to all Parties, any Party may change the designated address or e-mail for receiving notice.

All written notices or correspondence sent in the described manner will be deemed given to a party on whichever date occurs earliest: (1) the date of personal delivery; (2) the third business day following deposit in the U.S. mail, when sent by "first class" mail; or (3) the date of transmission, when sent by e-mail or facsimile.

9.5 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of each Party.

9.6 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 9.6 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 9.6 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party's contributions to the Authority, or the disposition of the proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement.

9.7 Severability. If any one or more of the terms, provisions, promises, covenants, or conditions of this Agreement were adjudged invalid or void by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall remain in full force and effect to the maximum extent permitted by law.

9.8 Governing Law. This Agreement is made and to be performed in the State of California, and as such California substantive and procedural law shall apply.

9.9 Headings. The section headings herein are for convenience only and are not to be construed as modifying or governing the language of this Agreement. 69 Item 2.
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9.10 Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages.

9.11 No Third Party Beneficiaries. This Agreement and the obligations hereunder are not intended to benefit any party other than the Authority and its Parties, except as expressly provided otherwise herein. No entity that is not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein.

9.12 Filing of Notice of Agreement. Within 30 days after the Effective Date, or amendment thereto, the Secretary shall cause to be filed with the Secretary of State the notice of Agreement required by the Act.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
70 Item 2.
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IN WITNESS WHEREOF, each Party has caused this Agreement to be executed and attested by its proper officers thereunto duly authorized, its official seals to be hereto affixed, as follows:

COUNTY OF BUTTE
By: _________________________ Dated:_______________
Steve Lambert
Chairperson of the Board of Supervisors
APPROVED AS TO FORM:

By: _________________________
BRUCE S. ALPERT
Butte County Counsel
ATTEST:

By:____________________________
Clerk of the Board of Supervisors

CITY OF CHICO
By: _________________________ Dated:_______________
Randall Stone, Mayor

CITY OF OROVILLE
By: _________________________ Date: ________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM:

By: _________________________
Scott Huber, City Attorney
ATTEST:

By:____________________________
Jackie Glover, Assistant City Clerk
71 Item 2.
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Exhibit A - Members
The following entities are Parties of the Butte Choice Energy Authority:

1. County of Butte

2. City of Chico

3. City of Oroville
72 Item 2.

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CITY OF OROVILLE

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

PAT PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: RESOLUTION REQUESTING MEMBERSHIP IN PIONEER COMMUNITY

ENERGY AND APPROVING AMENDED AND RESTATED JOINT
POWERS AGREEMENT AS AMENDED THROUGH AMENDMENT NO. 5
DATE: FEBRUARY 18, 2025

SUMMARY
Staff continue to work with Pioneer Community Energy (PCE), a Community Choice Aggregator, to transition power supply responsibilities from Pacific Gas and Electric (PG&E) to PCE. The anticipated transition date is targeted for October of 2027. In order to continue to move forward with PCE, the Council must request membership in the PCE Joint Powers Authority.

DISCUSSION
Community Choice Aggregator (CCA) programs allow local governments to procure electricity generation on behalf of residents and businesses at wholesale market rates while still utilizing the existing transmission and distribution infrastructure of utilities like PG&E. Butte County, along with the cities of Chico and Oroville, previously attempted to establish a local CCA, Butte Choice Energy (BCE), but market conditions prevented its launch.

Pioneer is a Joint Powers Authority (JPA) serving El Dorado, Placer Counties, and several cities in our region. Like BCE, Pioneer is committed to local investments in renewable energy, economic development, and energy efficiency programs. Pioneer prioritizes ratepayer savings and local control, working to provide competitive electricity rates with a discount over PG&E.

On October 1, 2024, the Council directed staff to move forward with Pioneer. On December 19, 2024, the Pioneer Governing Board approved this expansion effort and an amendment to their JPA. Butte County, Chico and Paradise staff are introducing similar actions to their legislative bodies.

In order to continue moving forward with PCE, the Council must request membership in the PCE Joint Powers Authority and approve the amended restated joint powers agreement.

FISCAL IMPACT
None.
73 Item 3.

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RECOMMENDATION
Approve resolution requesting membership in Pioneer Community Energy and approving the amended and restated joint powers agreement as amended through amendment no. 5. 74 Item 3.

CITY OF OROVILLE
RESOLUTION NO. 9349

RESOLUTION REQUESTING MEMBERSHIP IN PIONEER COMMUNITY ENERGY AND

APPROVING THE AMENDED AND RESTATED JOINT POWERS AGREEMENT AS AMENDED THROUGH AMENDMENT NO. 5
signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see California Public Utilities Code section 366.2; hereinafter referred to as the “Act”), which authorizes any California city or county, whose governing .

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on September 9, 2015, the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement for the purpose of establishing the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code section 6500, et seq.; and a Public Utilities Commission certified the “Implementation Plan” of Pioneer, confirming Pioneer’s W
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WHEREAS, Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy (“Pioneer”), as it is known today; and WHEREAS, subsequent amendments to the Amended and Restated JPA have authorized the County of El Dorado and the Cities of Grass Valley, Nevada City, and Placerville to become Voting Members; and t
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Council finds that adoption of this resolution is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no NOW, THEREFORE, BE IT RESOLVED that the Council hereby resolves as follows:

Section 1. The recitals above are true and correct and are incorporated into this resolution by this reference.

Section 2. The Council hereby expresses its desire to become a member of the Pioneer Community Energy Joint Powers Authority.

Section 3. The Council requests that the Board of Directors of Pioneer Community Energy approve the City as a member of the Pioneer Community Energy Joint Powers Authority. 75 Item 3.

Section 4. The Council approves the Amended and Restated Joint Exercise of Powers Agreement, as amended through Amendment No. 5 (attached hereto as Exhibit A and incorporated as if fully set forth herein) and authorizes the Chairperson of the Board of Supervisors to execute same.

Section 5. The Council authorizes the City Administrator, or designee, to execute other documents necessary or desirable to facilitate membership in Pioneer Community Energy, subject to review and approval by the Council.

Section 6. This resolution shall take effect when an Ordinance Authorizing the Implementation of the Pioneer Community Choice Aggregation Program becomes effective.

ADOPTED this 18
th day of February, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________ _____________________________ David Pittman, Mayor Kayla Reaster, Assistant City Clerk ________________________________
Scott Huber, City Attorney
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: ELIZABETH EHRENSTROM – HUMAN RESOURCE/RISK MANAGER

MEGAN WILLIAMS - HUMAN RESOURCE ANALYST
RE: REVIEW AND ADOPTION OF THE UPDATED 2025 SALARY SCHEDULE INCLUDING THE 3% COST OF LIVING INCREASES
DATE: FEBRUARY 18, 2025

SUMMARY
The purpose of this report is to present the updated salary schedule to the Mayor and City Council for review and approval. The updates incorporate the most recent Cost-of-Living Adjustments (COLA) per the Memorandum of Understanding (MOU) contracts for each unit and department heads that was effective December 23, 2024.

DISCUSSION
The 3% increase, effective December 23, 2024, has been applied across all relevant pay ranges. The revised salary schedule is included as an attachment for detailed review. Staff is available to address any questions or provide further clarification as needed.

FISCAL IMPACT
The fiscal impact of the COLA adjustments has been accounted for within the City’s approved budget for the current fiscal year.

RECOMMENDATION
Staff recommend that the City Council approve the revised salary schedule as presented.

ATTACHMENTS
2025 Salary Schedule
137
Item 4.

Revised: June 4, 2024 Approved by Council: 06/18/2024
Mayor $600 Monthly
Council Members $500 Monthly
Treasurer $500 Monthly
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H City Administrator $168,132 $176,538 $185,365 $194,633 $204,365 $214,583 $225,312 Bonus* Annual $14,011.00 $14,711.50 $15,447.08 $16,219.42 $17,030.42 $17,881.92 $18,776.00 Monthly $80.8327 $84.8740 $89.1178 $93.5736 $98.2524 $103.1649 $108.3231 Hourly Police Chief $135,465 $142,238 $149,350 $156,817 $164,658 $172,891 $181,536 $190,612 Annual $11,288.73 $11,853.16 $12,445.82 $13,068.11 $13,721.52 $14,407.59 $15,127.97 $15,884.37 Monthly $65.1273 $68.3836 $71.8028 $75.3929 $79.1626 $83.1207 $87.2768 $91.6406 Hourly Department Heads $122,282 $128,714 $135,486 $142,619 $150,123 $158,028 $166,345 $175,100 Annual $10,190.13 $10,726.16 $11,290.52 $11,884.91 $12,510.21 $13,168.98 $13,862.08 $14,591.67 Monthly $58.7892 $61.8817 $65.1376 $68.5668 $72.1743 $75.9749 $79.9736 $84.1827 Hourly Assistant Police Chief $117,795 $123,685 $129,869 $136,363 $143,181 $150,340 $157,857 $165,750 Annual $9,816.28 $10,307.10 $10,822.45 $11,363.57 $11,931.75 $12,528.34 $13,154.76 $13,812.50 Monthly $56.6324 $59.4640 $62.4372 $65.5591 $68.8370 $72.2789 $75.8928 $79.6875 Hourly $113,128 $118,784 $124,724 $130,960 $137,508 $144,383 $151,602 $159,182 Annual $9,427.33 $9,898.70 $10,393.64 $10,913.32 $11,458.98 $12,031.93 $12,633.53 $13,265.20 Monthly $54.3885 $57.1079 $59.9633 $62.9614 $66.1095 $69.4150 $72.8857 $76.5300 Hourly Deputy City Clerk $78,553.10 $82,480.76 $86,604.79 $90,935.03 $95,481.78 $100,255.87 $105,268.67 $110,532.10 Annual $6,546.09 $6,873.40 $7,217.07 $7,577.92 $7,956.82 $8,354.66 $8,772.39 $9,211.01 Monthly $37.7659 $39.6542 $41.6369 $43.7188 $45.9047 $48.1999 $50.6099 $53.1404 Hourly CLASSIFICATION: TIER 1 STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H Police Lieutenant $102,430.78 $107,552.32 $112,929.94 $118,576.43 $124,505.25 $130,730.52 $137,267.04 $144,130.39 Annual $8,535.90 $8,962.69 $9,410.83 $9,881.37 $10,375.44 $10,894.21 $11,438.92 $12,010.87 Monthly $49.2456 $51.7078 $54.2932 $57.0079 $59.8583 $62.8512 $65.9938 $69.2935 Hourly Project Mgr./Sr. Civil Engineer $90,475.41 $94,999.18 $99,749.14 $104,736.60 $109,973.43 $115,472.10 $121,245.70 $127,307.99 Annual $7,539.62 $7,916.60 $8,312.43 $8,728.05 $9,164.45 $9,622.67 $10,103.81 $10,609.00 Monthly $43.4978 $45.6727 $47.9563 $50.3541 $52.8718 $55.5154 $58.2912 $61.2058 Hourly IT Manager $103,817 $109,008 $114,458 $120,181 $126,190 $132,499 $139,124 $146,081 Annual $8,651.40 $9,083.97 $9,538.17 $10,015.08 $10,515.83 $11,041.62 $11,593.70 $12,173.39 Monthly $49.9119 $52.4075 $55.0279 $57.7793 $60.6682 $63.7017 $66.8867 $70.2311 Hourly Airport Manager $80,392.35 $87,078.84 $91,434.25 $96,006.19 $100,805.93 $105,845.89 $111,138.46 $116,696.08 Annual Building Official $6,699.36 $7,256.57 $7,619.52 $8,000.52 $8,400.49 $8,820.49 $9,261.54 $9,724.67 Monthly $38.65 $41.86 $43.96 $46.16 $48.46 $50.89 $53.43 $56.10 Hourly Assistant Director of Public Work/
City Engineer

OROVILLE MANAGER'S ASSOCIATION

CITY OF OROVILLE MASTER SALARY SCHEDULE

ELECTED OFFICIAL'S STIPEND SCHEDULE
Plus $5/Mtg. Up to 2 Mtgs. Per Month

DEPARTMENT HEAD'S SALARY SCHEDULE
138
Item 4.

Public Works Manager $80,231.89 $84,243.48 $91,251.75 $95,814.56 $100,604.72 $105,634.62 $110,916.63 $116,463.15 Annual $6,685.99 $7,020.29 $7,604.31 $7,984.55 $8,383.73 $8,802.89 $9,243.05 $9,705.26 Monthly $38.5730 $40.5017 $43.8710 $46.0647 $48.3677 $50.7859 $53.3253 $55.9919 Hourly Accounting Manager $80,737.35 $84,774.22 $91,826.64 $96,418.19 $101,238.53 $106,300.12 $111,615.40 $117,196.87 Annual HR Manager $6,728.11 $7,064.52 $7,652.22 $8,034.85 $8,436.54 $8,858.34 $9,301.28 $9,766.41 Monthly Deputy Clerk $38.8160 $40.7568 $44.1474 $46.3549 $48.6724 $51.1058 $53.6613 $56.3446 Hourly CLASSIFICATION: TIER 1 STEP A STEP B STEP C STEP D STEP E STEP F Sergeant $94,108.28 $98,813.69 $103,754.38 $108,942.10 $114,389.20 $120,108.66 Annual $7,842.36 $8,234.47 $8,646.20 $9,078.51 $9,532.43 $10,009.05 Monthly $45.2444 $47.5066 $49.8819 $52.3760 $54.9948 $57.7445 Hourly Rotational Detective/OIC $86,265.93 $90,579.23 $95,108.19 $99,863.60 $104,856.78 $110,099.62 Annual 10% Above Police Officer $7,188.83 $7,548.27 $7,925.68 $8,321.97 $8,738.06 $9,174.97 Monthly $41.4740 $43.5477 $45.7251 $48.0113 $50.4119 $52.9325 Hourly Police Officer $78,423.57 $82,344.75 $86,461.99 $90,785.09 $95,324.34 $100,090.56 Annual $6,535.30 $6,862.06 $7,205.17 $7,565.42 $7,943.70 $8,340.88 Monthly $37.7036 $39.5888 $41.5683 $43.6467 $45.8290 $48.1205 Hourly Reserve Police Officer $37.7036 $39.5888 $41.5683 $43.6467 $45.8290 $48.1205 Hourly Reserve Investigator $25.0000 Hourly
CLASSIFICATION: TIER 1 STEP A STEP B STEP C STEP D STEP E STEP F STEP G Police Dispatch Supervisor $63,476.84 $66,650.68 $69,983.22 $73,482.38 $77,156.50 $81,014.32 $85,065.04 Annual $5,289.74 $5,554.22 $5,831.93 $6,123.53 $6,429.71 $6,751.19 $7,088.75 Monthly $30.5177 $32.0436 $33.6458 $35.3281 $37.0945 $38.9492 $40.8967 Hourly Public Information Officer 61,627.99 64,709.39 67,944.86 71,342.10 74,909.21 78,654.67 82,587.40 Annual $5,135.67 $5,392.45 $5,662.07 $5,945.18 $6,242.43 $6,554.56 $6,882.28 Monthly $29.6288 $31.1103 $32.6658 $34.2991 $36.0140 $37.8147 $39.7055 Hourly Police Admin. Assistant $46,047.18 $48,349.54 $50,767.02 $53,305.37 $55,970.64 $58,769.17 $61,707.63 Annual $3,837.27 $4,029.13 $4,230.58 $4,442.11 $4,664.22 $4,897.43 $5,142.30 Monthly $22.1381 $23.2450 $24.4072 $25.6276 $26.9090 $28.2544 $29.6671 Hourly Police Dispatcher $49,588.32 $52,067.74 $54,671.12 $57,404.68 $60,274.91 $63,288.66 $66,453.09 Annual $4,132.36 $4,338.98 $4,555.93 $4,783.72 $5,022.91 $5,274.05 $5,537.76 Monthly $23.8405 $25.0326 $26.2842 $27.5984 $28.9783 $30.4272 $31.9486 Hourly MLE $44,904.70 $47,149.94 $49,507.44 $51,982.81 $54,581.95 $57,311.05 $60,176.60 Annual $3,742.06 $3,929.16 $4,125.62 $4,331.90 $4,548.50 $4,775.92 $5,014.72 Monthly $21.5888 $22.6682 $23.8017 $24.9917 $26.2413 $27.5534 $28.9311 Hourly Police Records Techician $42,759.42 $44,897.39 $47,142.26 $49,499.37 $51,974.34 $54,573.06 $57,301.71 Annual $3,563.29 $3,741.45 $3,928.52 $4,124.95 $4,331.20 $4,547.75 $4,775.14 Monthly $20.5574 $21.5853 $22.6645 $23.7978 $24.9877 $26.2370 $27.5489 Hourly Police Recruit $60,538.29 Annual
$5,044.86 Monthly
OPOA SWORN AND NON-SWORN 1ST TIER
139
Item 4.
$29.1049 Hourly
CLASSIFICATION: STEP A STEP B STEP C STEP D STEP E STEP F STEP G STEP H Associate Civil Engr. $81,519.18 $85,595.14 $89,874.89 $94,368.64 $99,087.07 $104,041.42 $109,243.49 $114,705.67 Annual $6,793.26 $7,132.93 $7,489.57 $7,864.05 $8,257.26 $8,670.12 $9,103.62 $9,558.81 Monthly $39.1919 $41.1515 $43.2091 $45.3695 $47.6380 $50.0199 $52.5209 $55.1470 Hourly Assistant Civil Engr. $74,876.88 $78,620.72 $82,551.76 $86,679.35 $91,013.32 $95,563.98 $100,342.18 $105,359.29 Annual $6,239.74 $6,551.73 $6,879.31 $7,223.28 $7,584.44 $7,963.67 $8,361.85 $8,779.94 Monthly $35.9985 $37.7984 $39.6883 $41.6728 $43.7564 $45.9442 $48.2414 $50.6535 Hourly IT Analyst $70,109.01 $73,614.46 $77,295.18 $81,159.94 $85,217.94 $89,478.84 $93,952.78 $98,650.42 Annual $5,842.42 $6,134.54 $6,441.27 $6,763.33 $7,101.49 $7,456.57 $7,829.40 $8,220.87 Monthly $33.7063 $35.3916 $37.1611 $39.0192 $40.9702 $43.0187 $45.1696 $47.4281 Hourly Fire Marshal/Inspector $65,102.18 $68,357.29 $71,775.15 $75,363.91 $79,132.11 $83,088.71 $87,243.15 $91,605.30 Annual $5,425.18 $5,696.44 $5,981.26 $6,280.33 $6,594.34 $6,924.06 $7,270.26 $7,633.78 Monthly $31.2991 $32.8641 $34.5073 $36.2326 $38.0443 $39.9465 $41.9438 $44.0410 Hourly Associate Planner $64,767.61 $68,005.99 $71,406.29 $74,976.61 $78,725.44 $82,661.71 $86,794.80 $91,134.54 Annual Recycling Coordinator $5,397.30 $5,667.17 $5,950.52 $6,248.05 $6,560.45 $6,888.48 $7,232.90 $7,594.54 Monthly $31.1383 $32.6952 $34.3299 $36.0464 $37.8488 $39.7412 $41.7283 $43.8147 Hourly GIS Specialist $62,168.24 $65,276.65 $68,540.48 $71,967.51 $75,565.88 $79,344.18 $83,311.39 $87,476.96 Annual $5,180.69 $5,439.72 $5,711.71 $5,997.29 $6,297.16 $6,612.01 $6,942.62 $7,289.75 Monthly $29.8886 $31.3830 $32.9522 $34.5998 $36.3298 $38.1462 $40.0536 $42.0562 Hourly Code Enforcement Technician III $63,514.95 $66,690.70 $70,025.23 $73,526.49 $77,202.82 $81,062.96 $85,116.11 $89,371.91 Annual $5,292.91 $5,557.56 $5,835.44 $6,127.21 $6,433.57 $6,755.25 $7,093.01 $7,447.66 Monthly $30.5360 $32.0628 $33.6660 $35.3493 $37.1167 $38.9726 $40.9212 $42.9673 Hourly Sr. Admin/SBF/PIO $61,116.93 $64,172.78 $67,381.42 $70,750.49 $74,288.01 $78,002.41 $81,902.53 $85,997.66 Annual Assistant City Clerk $5,093.08 $5,347.73 $5,615.12 $5,895.87 $6,190.67 $6,500.20 $6,825.21 $7,166.47 Monthly Cultural Facilities Curator $29.3831 $30.8523 $32.3949 $34.0147 $35.7154 $37.5012 $39.3762 $41.3450 Hourly Accounting Analyst $60,454.82 $63,477.56 $66,651.44 $69,984.01 $73,483.21 $77,157.37 $81,015.24 $85,066.00 Annual $5,037.90 $5,289.80 $5,554.29 $5,832.00 $6,123.60 $6,429.78 $6,751.27 $7,088.83 Monthly $29.0648 $30.5181 $32.0440 $33.6462 $35.3285 $37.0949 $38.9496 $40.8971 Hourly Assistant Planner $57,882.96 $60,777.11 $63,815.96 $67,006.76 $70,357.10 $73,874.95 $77,568.70 $81,447.14 Annual $4,823.58 $5,064.76 $5,318.00 $5,583.90 $5,863.09 $6,156.25 $6,464.06 $6,787.26 Monthly $27.8283 $29.2198 $30.6808 $32.2148 $33.8255 $35.5168 $37.2926 $39.1573 Hourly Signal Tech/Electrician $58,997.37 $61,947.24 $65,044.60 $68,296.83 $71,711.67 $75,297.26 $79,062.12 $83,015.22 Annual $4,916.45 $5,162.27 $5,420.38 $5,691.40 $5,975.97 $6,274.77 $6,588.51 $6,917.94 Monthly $28.3641 $29.7823 $31.2714 $32.8350 $34.4768 $36.2006 $38.0106 $39.9112 Hourly Human Resource Analyst $56,185.47 $58,994.74 $61,944.48 $65,041.70 $68,293.79 $71,708.48 $75,293.90 $79,058.60 Annual $4,682.12 $4,916.23 $5,162.04 $5,420.14 $5,691.15 $5,975.71 $6,274.49 $6,588.22 Monthly $27.0122 $28.3629 $29.7810 $31.2701 $32.8336 $34.4752 $36.1990 $38.0089 Hourly Admin/Program Analyst II $56,137.06 $58,943.91 $61,891.11 $64,985.66 $68,234.95 $71,646.69 $75,229.03 $78,990.48 Annual Construction Inspector $4,678.09 $4,911.99 $5,157.59 $5,415.47 $5,686.25 $5,970.56 $6,269.09 $6,582.54 Monthly

MASTER SALARY SCHEDULE
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Building Inspector $26.9890 $28.3384 $29.7553 $31.2431 $32.8053 $34.4455 $36.1678 $37.9762 Hourly Lead Equipment Mechanic
Lead Public Works Operator
Lead Tree Worker
Lead Collection System Operator
Code Enforcement Technician II $54,768.19 $57,506.60 $60,381.93 $63,401.03 $66,571.08 $69,899.63 $73,394.61 $77,064.34 Annual $4,564.02 $4,792.22 $5,031.83 $5,283.42 $5,547.59 $5,824.97 $6,116.22 $6,422.03 Monthly $26.3309 $27.6474 $29.0298 $30.4813 $32.0053 $33.6056 $35.2859 $37.0502 Hourly Program Analyst I $50,857.42 $53,400.30 $56,070.31 $58,873.83 $61,817.52 $64,908.39 $68,153.81 $71,561.50 Annual Comm. Devel. Technician III $4,238.12 $4,450.02 $4,672.53 $4,906.15 $5,151.46 $5,409.03 $5,679.48 $5,963.46 Monthly $24.4507 $25.6732 $26.9569 $28.3047 $29.7200 $31.2060 $32.7663 $34.4046 Hourly Code Enforcement Technician $49,617.16 $52,098.02 $54,702.92 $57,438.06 $60,309.97 $63,325.47 $66,491.74 $69,816.33 Annual $4,134.76 $4,341.50 $4,558.58 $4,786.51 $5,025.83 $5,277.12 $5,540.98 $5,818.03 Monthly $23.8544 $25.0471 $26.2995 $27.6145 $28.9952 $30.4449 $31.9672 $33.5655 Hourly Sr. Administrative Assistant $48,406.91 $50,827.26 $53,368.62 $56,037.05 $58,838.90 $61,780.85 $64,869.89 $68,113.38 Annual $4,033.91 $4,235.60 $4,447.38 $4,669.75 $4,903.24 $5,148.40 $5,405.82 $5,676.12 Monthly $23.2726 $24.4362 $25.6580 $26.9409 $28.2879 $29.7023 $31.1874 $32.7468 Hourly Equipment Mechanic $47,226.53 $49,587.86 $52,067.25 $54,670.61 $57,404.14 $60,274.35 $63,288.07 $66,452.47 Annual $3,935.54 $4,132.32 $4,338.94 $4,555.88 $4,783.68 $5,022.86 $5,274.01 $5,537.71 Monthly $22.7051 $23.8403 $25.0323 $26.2839 $27.5981 $28.9781 $30.4270 $31.9483 Hourly Public Works Operator III $46,074.99 $48,378.74 $50,797.68 $53,337.56 $56,004.44 $58,804.66 $61,744.89 $64,832.14 Annual Comm. Devel. Technician II $3,839.58 $4,031.56 $4,233.14 $4,444.80 $4,667.04 $4,900.39 $5,145.41 $5,402.68 Monthly $22.1514 $23.2590 $24.4220 $25.6431 $26.9252 $28.2715 $29.6850 $31.1693 Hourly Accounting Technician III $49,618.19 $52,099.10 $54,704.05 $57,439.26 $60,311.22 $63,326.78 $66,493.12 $69,817.78 Annual $4,134.85 $4,341.59 $4,558.67 $4,786.60 $5,025.94 $5,277.23 $5,541.09 $5,818.15 Monthly $23.8549 $25.0476 $26.3000 $27.6150 $28.9958 $30.4456 $31.9678 $33.5662 Hourly Apprentice Electrician $48,105.72 $50,511.00 $53,036.55 $55,688.38 $58,472.80 $61,396.44 $64,466.26 $67,689.58 Annual $4,008.81 $4,209.25 $4,419.71 $4,640.70 $4,872.73 $5,116.37 $5,372.19 $5,640.80 Monthly $23.1277 $24.2841 $25.4983 $7.0000 $28.1119 $29.5175 $30.9934 $32.5431 Hourly Accounting Technician II $44,958.47 $47,206.39 $49,566.71 $52,045.05 $54,647.30 $57,379.67 $60,248.65 $63,261.08 Annual $3,746.54 $3,933.87 $4,130.56 $4,337.09 $4,553.94 $4,781.64 $5,020.72 $5,271.76 Monthly $21.6146 $22.6954 $23.8302 $25.0217 $26.2727 $27.5864 $28.9657 $30.4140 Hourly Public Works Operator II $43,854.96 $46,047.71 $48,350.09 $50,767.60 $53,305.98 $55,971.28 $58,769.84 $61,708.33 Annual Parks Maint. Technician II $3,654.58 $3,837.31 $4,029.17 $4,230.63 $4,442.16 $4,664.27 $4,897.49 $5,142.36 Monthly Building Maint. Tech II $21.0841 $22.1383 $23.2452 $24.4075 $25.6279 $26.9093 $28.2547 $29.6675 Hourly Collection System Operator II
Administrative Assistant
Human Resource Technician $42,571.59 $44,700.17 $46,935.18 $49,281.94 $51,746.03 $54,333.34 $57,050.00 $59,902.50 Annual $3,547.63 $3,725.01 $3,911.26 $4,106.83 $4,312.17 $4,527.78 $4,754.17 $4,991.88 Monthly $20.4671 $21.4905 $22.5650 $23.6932 $24.8779 $26.1218 $27.4279 $28.7993 Hourly141 Item 4.

Comm. Devel. Technician I $41,741.78 $43,828.87 $46,020.31 $48,321.33 $50,737.39 $53,274.26 $55,937.98 $58,734.88 Annual $3,478.48 $3,652.41 $3,835.03 $4,026.78 $4,228.12 $4,439.52 $4,661.50 $4,894.57 Monthly $20.0682 $21.0716 $22.1252 $23.2314 $24.3930 $25.6126 $26.8933 $28.2379 Hourly Accounting Technician $40,731.35 $42,767.92 $44,906.31 $47,151.63 $49,509.21 $51,984.67 $54,583.90 $57,313.10 Annual $3,394.28 $3,563.99 $3,742.19 $3,929.30 $4,125.77 $4,332.06 $4,548.66 $4,776.09 Monthly $19.5824 $20.5615 $21.5896 $22.6691 $23.8025 $24.9926 $26.2423 $27.5544 Hourly Public Works Operator I $42,149.66 $44,257.14 $46,470.00 $48,793.50 $51,233.18 $53,794.83 $56,484.58 $59,308.80 Annual Parks Maint. Technician I $3,512.47 $3,688.10 $3,872.50 $4,066.13 $4,269.43 $4,482.90 $4,707.05 $4,942.40 Monthly Collection System Operator I $20.2643 $21.2775 $22.3413 $23.4584 $24.6313 $25.8629 $27.1560 $28.5138 Hourly Custodian $37,831.90 $39,723.50 $41,709.67 $43,795.15 $45,984.91 $48,284.16 $50,698.36 $53,233.28 Annual $3,152.66 $3,310.29 $3,475.81 $3,649.60 $3,832.08 $4,023.68 $4,224.86 $4,436.11 Monthly $18.1884 $19.0978 $20.0527 $21.0554 $22.1081 $23.2135 $24.3742 $25.5929 Hourly Staff Assistant $38,950.48 $40,898.00 $42,942.90 $45,090.05 $47,344.55 $49,711.78 $52,197.37 $54,807.24 Annual $3,245.87 $3,408.17 $3,578.58 $3,757.50 $3,945.38 $4,142.65 $4,349.78 $4,567.27 Monthly $18.7262 $19.6625 $20.6456 $21.6779 $22.7618 $23.8999 $25.0949 $26.3496 Hourly Community Navigator 42,767.36 $44,905.73 $47,151.02 $49,508.57 $51,983.99 $54,583.19 $57,312.35 $60,177.97 Annual 3563.946775 $3,742.14 $3,929.25 $4,125.71 $4,332.00 $4,548.60 $4,776.03 $5,014.83 Monthly

20.5612 21.5893 22.6688 23.8022 24.9923 26.2419 27.5540 28.9317 Hourly Revisions:
01/01/2019 Increase in Minimum Wage for Park Tech I
07/01/18 2% COLA OFFA Based on Section 6.3 of MOU
07/01/19 4% COLA OPOA Sworn & Non-Sworn per Res. No. 8778 & 8779 07/01/19 Add Code Enforcement Technician per budget
07/01/19 Add Project Manager/Sr. Civil Engineer per budget 07/01/19 Unfroze Admin/Program Analyst II per budget
07/01/19 Unfroze Program Analyst I per budget
07/01/19 Mayor, City Council & Treasurer received 10% cutback returned per budget 07/16/19 Side Letter Agreement to Add Police Lt. to OMCA 07/16/19 Established new salary range for City Administrator per Mayor Appt. on 07/16/19 08/06/19 Establish new salary range for Accounting Technician II and III 09/17/19 Change in job Title and salary range for dept heads per Resolution #8815 12/17/19 Added Assistant Community Development Services Director 1/7/2020 OCEA 3% Increase Per Resolution No. 8829
04/07/20 Added 2 new positions; IT Analyst and Accounting Analyst 04/20/21 Added new Custodian position
07/01/21 OCEA 3%, OMA Misc 3%, OMA Saf 4%, OPOA 4%
01/04/22 Added Recycling Coordinator, Increase in Minimum wage 07/01/22 OCEA 3%, OMA Misc 3%, OMA Saf 4%
07/01/20 OCEA 3% Increase Per Resolution No. 8829 and update sewer position classification titles to Collection System Operators; Updated Comm. Devel. Tech I, II and III; OPOA Sworn and NonSworn 4% increase Per Resolution No. 8778 07/01/19 Budget changes for classification of Park Tech I moves to PW Ops I range; Park Tech III - Tree Lead Worker at Lead Eqiup Mechanic range; PW Ops III - PW Ops Lead at Lead Equip Mechanic range
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07/25/22 3% Salary increase for all City employees
11/28/22 Moving OPD Employees to top 3 Steps and Increase City Administrator Salary Range by 25%, Suspended 2nd Tier Salaries 05/02/23 Establishing salary range for Police Chief and Assistant Police Chief. 02/20/24 Adding Assistant Director of Public Works/City Engineer and Electrician Apprentice 04/16/24 Established New Salary Range for IT Manager
09/17/24 Coucil Action for OPOA Non Sworn MLE Salary Range Increase 12/23/24 3% COLA for OCEA, OPOA, OMA
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Page 1 ends

CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH

TROVER CONSTRUCTION PROJECT MANAGEMENT LLC TO EXTEND
EXPIRATION DATE.

DATE: FEBRUARY 18, 2025.

SUMMARY
The City Council may consider amending the Professional Services Agreement with Trover Construction Project Management LLC to extend the contract for an additional two (2) years to perform contractor services for the City of Oroville Owner-occupied Housing Rehabilitation (OOR) Program and inspection services for the First Time Home Buyer (FTHB) Program. After the 20-CDBG-12067 grant expired the program was awarded additional grant funding under 20-PLHA-15545, therefore staff would like to extend the agreement with Trover Construction Project Management LLC to continue providing services for the OOR Program as well as additional assistance with administering FTHB inspections.

DISCUSSION
The Council may consider amending Professional Services Agreement No. 3396-1 for owneroccupied rehabilitation contractor services for the City of Oroville Housing Rehabilitation Program. The following is an example of the types of services that the Contractor provides:
 Conduct a project evaluation of the applicant’s property  Prepare Work Write-up
 Conduct Bid Walk-Thru
 Conduct and attend Bid Opening
 Perform as liaison to work with selected general contractors, homeowner, and city staff  Conduct Progress Payment Inspections
 Submit Progress Payment Requests to Housing staff for processing  Obtain Permits
 Schedule or perform necessary inspections (Lead-based paint inspections, city inspections)
 Ensure all projects comply with current California Building Code Requirements  Sign off on Project Completion
 Conduct Building Code Compliance and Health and Safety Inspections for applicants of the City’s First Time Homebuyer Program.
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Other Services, as needed.

The fee schedule for OOR is as follows:
 Trover Construction Project Management LLC - $130.00 per hour average (not to exceed $165.00 per hour).
 Schedule breakdown:
o Project Manager $165.00 per hour
o Assistant Project Manager $145.00 per hour
o Project Engineer/Coordinator $120.00 per hour
The fee schedule for FTHB is as follows:
 Trover Construction Project Management LLC - $750 flat rate The agreement was for a period of two (2) years, expiring on December 21, 2023, with a previous extension until December 31, 2024. Staff is seeking authorization from the Council to extend the agreement with Trover Construction Project Management LLC for a second time, to December 31, 2026 to ensure that the City’s OOR Program may continue to service the targeted population as well as assist with inspections for the City’s FTHB Program.

FISCAL IMPACT
No General Fund impact. Funding will be provided from Permanent Local Housing Allocation (PLHA) PLHA15545 Account No. 1401600-6360-PLHA15545 for ORR, and various FTHB funds including (23A-CDBG-PI-HA-10002 fund PI10002AD, CALHOME RLF 2282280- CALHOME RLF) and the 2023 HOME grant that does not yet have a contract number.

RECOMMENDATION
Adopt Resolution No. 9348 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO AMEND A PROFESSIONAL SERVICES

AGREEMENT WITH TROVER CONSTRUCTION PROJECT MANAGEMENT LLC TO PROVIDE PROGRAM SERVICES THROUGH DECEMBER 31, 2026 (Agreement No. 3535)

ATTACHMENTS
A – Resolution No. 9348
B – Agreement No. 3535
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Item 5.

CITY OF OROVILLE
RESOLUTION NO. 9348

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO AMEND A PROFESSIONAL SERVICES AGREEMENT WITH TROVER

CONSTRUCTION PROJECT MANAGEMENT LLC TO PROVIDE REHABILITATION

CONTRACTOR SERVICES FOR THE OWNER-OCCUPIED REHABILITATION PROGRAM THROUGH DECEMBER 31, 2026.
(Agreement No.3396-2)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to amend a professional agreement with Trover Construction Project Management LLC to provide owner-occupied rehabilitation contractor services through December 31, 2026.

A copy of the agreement is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on February 18 2025, 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 146
Item 5.

AGREEMENT FOR REHAB CONTRACTOR SERVICES
Agreement No. 3535
This Agreement is made and entered into as of February 18, 2025, by and between the City of Oroville (“City”) and Trover Construction Project Management LLC (“Consultant”).

RECITALS

1. Consultant is specially trained, experienced and competent in various trades to serve as "Rehab Contractor" for the City of Oroville's Owner-occupied Rehabilitation Program. Consultant possesses the skills, experience, ability, license, background and knowledge to provide the services described in this Agreement on the terms and conditions described herein. As well as inspection services for the First Time Home Buyers Program.

2. City desires to retain Consultant to render professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following types of services in a professional manner:
 Conduct project evaluation of property
 Prepare work write-up
 Conduct bid walk-thru
 Conduct and attend bid opening
 Perform as a Liaison to work with the selected general contractor, homeowner and City staff.
 Conduct Progress Payment inspections
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 Submit Progress Payment Requests to Housing staff on behalf of the selected contractor
 Obtain permits
 Order termite and lead based paint inspections/reports  Ensure all projects comply with current California Building Code  Sign off on project Completion
 Schedule inspections with City Building Department, as required  Sign off on project completion
 Conduct First Time Homebuyer Inspections and re-inspections  Other services, as needed.

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until December 31, 2026.

3. Compensation. Compensation to be paid to Consultant shall be $130.00 per hour average (not to exceed $165.00 per hour), or on a pre-determined fee for certain jobs. A fee schedule is as follows: Project Manager $165.00 an hour, Assistant Project Manager $145.00 an hour, Project Engineer/Coordinator $120.00 an hour. In no event shall Consultant’s compensation exceed the amount of $50,000 for the period of this agreement without additional written authorization from the City.

Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

First Time Home Buyer fees will be a flat rate of $750.

4. Method of Payment. Consultant shall submit billings every two weeks to City describing the work performed during the preceding two weeks while on a project, or consultant may submit one request for payment when the project is complete. 148
Item 5.

Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of Consultant’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days written notice of termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.  Licensing of Intellectual Property. This Agreement creates a nonexclusive and 149
Item 5.
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the 150
Item 5.
services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.

1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of four (4) years, or for any longer period required by law, from the date of termination or completion of this Agreement.

3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection 151
Item 5.
at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.

4. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

10. Lobbying. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

11. Interest of Consultant. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or 152
Item 5.
interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:

1. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and

2. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. All work performed by Consultant under this Agreement shall be under the supervision of Department of Business Assistance/Housing Development in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and 153
Item 5.
regulations.

14. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant 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 required by the City for its business.

15. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising from its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising from the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

16. Insurance Requirements.

Consultant, at Consultant’s own cost and expense, shall procure and maintain, for he duration of the Agreement, the insurance coverage and policies as set forth in Exhibit “B” attached hereto.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this 154
Item 5.
section.

If to City: Brian Ring, City Administrator
c/o Amy Bergstrand
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Trover Construction Project Management LLC 974 Forest Avenue
Chico, CA 95928

17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.

18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor 155
Item 5.
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 required by law.

20. 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.

21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte.

23. Litigation Expenses and Attorney’s Fees. If either party to this Agreement commences any legal action against the other part arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorney’s fees.

24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor in interest. AAA shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by AAA and thereafter the 156
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mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

25. 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.

26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the 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.

27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity 157
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employer, and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

CITY OF OROVILLE Trover Construction Project Management LLC
By: ___________________________ By:_____________________________ David Pittman, Mayor
Title: Independent Contractor _____
Business License #: 1081347
APPROVED AS TO FORM: ATTEST:

By: ____________________________ By:_____________________________ Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk Attachments:

Exhibit A -- Insurance Requirements
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: FRED MAYO, DIRECTOR OF PUBLIC WORKS
RE: LOTT HOME PAINTING AND DRY ROT REPAIR PROJECT – FUND

CORRECTION
DATE: FEBRUARY 18, 2025

SUMMARY
This item was brought before City Council on February 4, 2025 with an incorrect funding source listed. This item is being brought forward to correct that the funds for the Lott Home Painting and Dry Rot Repair Project are to come from the Capital Improvement Project Fund.

DISCUSSION
The C. F. Lott House was built in 1856 and now functions as a City of Oroville Museum and Park. In recent years the house has developed wood rot that needs to be repaired for the structural integrity of the house and its longevity. The exterior paint is chipping and needs to be replaced. This project will ensure the house maintains its integrity and improves its aesthetic appearance for the benefit of the City and its visitors.

On December 16, 2024, a Request for Proposal was advertised for the Lott Home Painting and Dry Rot Repair Project. Due to the uncertainty of the Lott home and its adjacent structures containing hazardous material, two separate bid schedules were requested – Bid Schedule #1 assumed there was hazardous material that would need to be mitigated and disposed of properly, and Bid Schedule #2 assumed Hazardous Materials were not present. The awarded contractor will test for hazardous materials. Five (5) proposals were received by the due date on Tuesday, January 21, 2025. Proposal results were as follows:

Company Bid Schedule #1
CMA Painting Inc $154,299
CRBR $200,000
Perfection Painting Co $246,400
Color New Co. $356,320
Reliant Inc $419,700
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Company Bid Schedule #2
CMA Painting Inc $145,899
CRBR $181,840
Perfection Painting Co $231,400
Reliant Inc $288,200
Color New Co. $303,600
Additionally, the City wanted to ensure the companies submitting proposals had experience in similar work so a Statement of Qualifications was required. Results from the Statement of Qualifications are as follows:

Company
SOQ
Score Rank Notes
Color New Co. 165 1
Reliant Inc 158 2
CMA Painting Inc. 156 3
Perfection Painting Co. 153 4

CRBR N/A N/A
No Statement of Qualifications
Submitted
All companies appear to be well-qualified for the work to be performed. Though Color New Co. ranked higher in than CMA Painting Inc. on their Statement of Qualifications, this was primarily due to the number of projects that had been completed in the last two years: Color New completing 45 projects and CMA Painting Inc. completing 5.

Despite CMA Painting Inc. ranking 3rd in it’s Statement of Qualifications, it was the lowest responsive and responsible bid for both Bid Schedules Nos. 1 and 2 and still appears to be well qualified to complete the work. Staff recommends proceeding with an agreement with CMA Painting Inc.

CMA Painting Inc. can begin work immediately. The City has asked the Contractor to aim for substantial completion by March 1, when the Lott Home is expected to reopen to the public. This substantial completion date may be delayed pending weather.

FISCAL IMPACT
This project has a budget of $200,000 for this Fiscal Year in the Capital Improvement Project Fund. Depending on the presence of hazardous materials, the project is estimated to cost between $145,899 and $154,299 as proposed. Due to the uncertainty in the amount of dry rot needing repair, it is suggested the budget contain a 25% contingency of $38,574.75, for a total amount not to exceed $192,873.75.

ACTION REQUESTED -
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AUTHORIZE THE FUNDING TO COME FROM THE CAPITAL IMPROVEMENT PROJECT FUND.

ATTACHMENTS
161
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINSTRATOR
RE: SUPPORT FOR FEDERAL FUNDING OF SELF-HELP HOUSING
DATE: FEBRUARY 18, 2025

SUMMARY
The City Council shall consider approving the Mayor to sign and transmit the attached letter to Representative Doug LaMalfa’s office, advocating for increased federal funding for the USDA Rural Development mutual self-help housing program.

DISCUSSION
The City of Oroville has a longstanding commitment to promoting affordable housing opportunities for residents. In recent years, the devastating impact of multiple wildfires— including the Carr Fire, Camp Fire, North Complex Fire, Dixie Fire, and Park Fire—has exacerbated the region’s housing crisis. Rising rents and a loss of vital housing stock have placed homeownership out of reach for many lower and middle-income families.

Community Housing Improvement Program (CHIP) has been instrumental in providing affordable homeownership opportunities in rural Northern California. The mutual selfhelp housing program, facilitated by CHIP and supported by USDA Rural Development, enables first-time homebuyers to build their own homes while contributing to the revitalization of local communities. However, recent federal funding cuts have severely impacted this program, limiting the number of families that can benefit.

FISCAL IMPACT
None.

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

ATTACHMENTS
Drafted Letter
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February 13, 2025 Page 1
“Oroville – California's best opportunity for a safe and diverse quality of life” City of Oroville

OFFICE OF THE MAYOR
1735 Montgomery Street
Oroville, CA 95965-4897
(530) 538-2535 FAX (530) 538-2468
www.cityoforoville.org
February 5, 2025
The Honorable Representative Doug LaMalfa
U.S. House of Representatives
Washington, DC 20515
Re: Federal Funding For Self-Help Housing
Dear Representative LaMalfa:

We ask that you support generous funding for the USDA Rural Development mutual self-help housing program. It is the only program that creates affordable, quality homeownership opportunities for entry level families in many of our small rural towns and unincorporated areas.

Buying a home has become increasingly difficult to obtain, especially in the aftermath of the multiple wildfires that our area has endured in the last few years, including the Carr Fire, Camp Fire, the North Complex Fire, the Dixie Fire, and the Park Fire. Loss of vital housing stock has increased rents and moved homeownership out of reach for lower and middle-income families looking to buy their first home and develop roots in our community.

We strongly support CHIP’s work over the last 40 years creating homes for the hard-working people in our region. CHIP’s mutual self-help housing program has created and sustained thousands of jobs, revitalized hundreds of neighborhoods, and increased revenue for our rural towns and farming communities. For the homebuyers, the program provides housing stability, economic mobility, and the opportunity to build a true community from the ground up.

We understand that funding for the mutual self-help housing program has been cut, and fewer families in our region have the opportunity to partner with CHIP and USDA to build their own home. We strongly urge you to increase funding for this remarkable program and allow CHIP and other similar organizations across the county to continue with this essential work.

Thank you in advance for your consideration and support.

Sincerely,
David Pittman
Mayor
David Pittman
Office of the Mayor
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Item 7.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAND AND CITY COUNCIL MEMBERS
FROM: AMY BERGSTRAND, MANAGEMENT ANALYST III

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: SALE OF CITY-OWNED PROPERTY LOCATED AT 1218 BIRD STREET DATE: FEBRUARY 18, 2025

SUMMARY
The Council will consider selling residential property located at 1218 Bird Street.

DISCUSSION
On May 16, 2023, City Council directed staff to initiate foreclosure related to the City of Oroville’s interest in the Deed of Trust against the property in default located at 1218 Bird St.

On November 30, 2023, the City was granted the property from the Estate Administrator through a Deed in Lieu of Foreclosure.

On February 6, 2024, City Council declared 1218 Bird Street exempt Surplus Land Act in order to satisfy the requirements of Government Code Section 52441(f)(1)(B), which allows surplus land to be declared as exempt from the Surplus Land Act if the land is less than one-half acre in area and is not contiguous to land owned by the state or local agency that is used for open space or low and moderate income housing purposes. The City then may dispose of the property for less than fair market value and under conditions that the City deems to be the best suited to the provision of such housing.

Subsequently on March 15, 2024, the State Department of Housing and Community Development Division of Housing Policy Development approved this exemption.

On July 8, 2024, the property was listed with the City’s real estate broker for $343,000, then decreased to the price to $300,000 in August of 2024. Although there was initially interest in the property, an offer to purchase failed to materialize. In February, City Staff and the real estate broker agreed to lower the price to $275,000.

On February 11, 2025, City Staff received an offer of $275,000 from Mr. Garrett McCarter with a seller credit of $10,000 for closing costs and a 30-day escrow. The property will be owneroccupied. 164
Item 8.

FISCAL IMPACT
The Housing Program Fund (220) will receive the net revenue from the sale of this property.

RECOMMENDATION

1. Adopt Resolution No. 9346 - A RESOLUTION OF THE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR OR CITY ADMINISTRATOR TO

EXECUTE ALL DOCUMENTS RELATING TO THE SALE OF THE CITY-OWNED PROPERTY IDENTIFIED AS 1218 BIRD STREET, OROVILLE (APN.012-076-007) TO GARRETT MCCARTER FOR THE AMOUNT OF $275,000.

ATTACHMENTS

1. Resolution No. 9346
165
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CITY OF OROVILLE
RESOLUTION NO. 9346

A RESOLUTION OF THE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR

OR CITY ADMINISTRATOR TO EXECUTE ALL DOCUMENTS RELATING TO THE SALE OF THE CITY-OWNED PROPERTY IDENTIFIED AS 1218 BIRD STREET, OROVILLE (APN.012-076-007) TO GARRETT MCCARTER FOR THE AMOUNT OF $275,000. (APN 012-076-007)
NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

1. The Oroville City Council hereby approves the sale of the property located at 1218 Bird Street, Oroville, to Garrett McCarter for $275,000.

2. The Mayor or City Administrator is hereby authorized and directed to execute all documents and any amendments thereto necessary to initiate and complete foreclosure proceedings on 1218 Bird Street, Oroville CA, (APN 012-076-007) Oroville, California; and

3. 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 February 18, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

David Ritchie, City Attorney Kayla Reaster, Assistant City Clerk 166
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February 04, 2025~4:00 PM Oroville City Council Meeting Minutes Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
February 04, 2025

REGULAR MEETING

MINUTES

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

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

1. Pursuant to Government Code section 54957, the Council met with the Personnel Officer to discuss Public Employee Performance Evaluations. Position title: Department Heads and Contract employees.

2. Pursuant to Government Code Section 54957.6, the Council met with the Personnel Officer and City Attorney to discuss labor negotiations related to the following bargaining units: All Represented Units

OPEN SESSION

1. Announcement from Closed Session – No reportable action taken; direction given.

2. Pledge of Allegiance – Led by Council Member Thomson.

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

Absent: Council Member(s) Johnstone and Webber

PRESENTATIONS AND PROCLAMATIONS

1. SWEARING IN OF NEW OFFICERS
Interim Chief of Police Jason Wines swore in the new officers of the Oroville Police Department, Mauricio Moreno and Jason Young.
167
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February 04, 2025~4:00 PM Oroville City Council Meeting Minutes Page 2 of 5

2. SOUTHSIDE SIDEWALK INITIATIVE
Council Member Goodson provided a presentation on a sidewalk initiative in South Oroville.

Council provided direction to staff to look into what kind of funding may be available for this initiative.

The following member(s) of the public submitted public comment on this item: Levi Kniss, Pastor David Goodson, Teri Dubose – Congressman LaMalfa representative.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted public comment on this item: Tom Turk, Loni Lind – CalWater, and Bill Speer.

REPORTS / DISCUSSIONS

1. Council Announcements and Reports
Mayor Pittman: Made an announcement on the Pedestrian Hybrid Beacon going in on Spencer and Oro Dam Blvd.

Council Member Reynolds: Spoke on an upcoming concert by the South Oroville African American Historical Society being held at the State Theatre on Saturday, February 22, 2025.

Council Member Thomson: Spoke on his attendance at the inauguration of President Trump. Stated he was very impressed by Congressman LaMalfa and his staff, they were exemplary.

Vice Mayor Smith: Reminded the public that on March 15, the City of Oroville will again be named Tree City USA, following tradition.

2. Administration Reports
Brian Ring, City Administrator: Reported that the meetings had with the federal and state lobbyists went well. The meeting was to discuss City of Oroville’s priorities.

Kayla Reaster, Assistant City Clerk: Made an announcement of an unscheduled vacancy on the Oroville Planning Commission and notified the public on how to apply, should they be interested.

Ron Belser, Director of Code Enforcement: Provided the Council with the latest Code Enforcement statistics in regard to cases, etc. There will be 2 more demolitions happenings in Southside due to safety concerns.

Frederick Mayo, Director of Public Works: Gave an update in regard to the personnel who worked the storm this past weekend. He also spoke on the Chinese New Year event.

He asked that any flooding questions regarding the Argonaut Basin, be directed to him.

Jason Wines, Interim Chief of Police: Thanked staff. Expressed he’s been amazed at the comradery and shared image of success that staff have for the organization. 168
Item 9.

February 04, 2025~4:00 PM Oroville City Council Meeting Minutes Page 3 of 5

CONSENT CALENDAR
Consent calendar items 1 - 6 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

Items 2 and 3 were voted on separately. The other items were passed by the following vote:

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

Absent: Council Member(s) Johnstone and Webber

1. BROOKDALE DRIVE EMERGENCY CULVERT REPAIR
The City Council adopted Resolution No. 9343 approving a budget adjustment on the emergency repair completed on two 48” corrugated metal culverts on Brookdale Drive.

2. APPROVAL OF RESOLUTION ACCEPTING ALL DEEDS OFFERED BY DEDICATION FOR

PUBLIC USE WITHIN THE MISSION OLIVE RANCH SUBDIVISION
The City Council approved Resolution No. 9344 accepting all deeds offered by dedication for public use within the Mission Olive Ranch Subdivision by the following vote:

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

Absent: Council Member(s) Johnstone and Webber

3. RESOLUTION IMPLEMENTING CALFIRE 66-HOUR WORKWEEK
The City Council approved Resolution No. 9345 Ratifying Contract Amendment to the CalFire Contract increasing maximum amount payable (by approximately $335,527 – bringing total Contract to $5,431,753 for Fiscal Year 2024/25) associated with transitioning from a 72 Hour workweek to a 66 Hour workweek by the following vote:

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

Absent: Council Member(s) Johnstone and Webber
169
Item 9.

February 04, 2025~4:00 PM Oroville City Council Meeting Minutes Page 4 of 5

4. EVENT COORDINATOR FEE FOR GONZALO "PEEWEE" CURIEL / EXPERIMENTAL AIRCRAFT ASSOCIATION CHAPTER 1112 FOR CITY AIRPORT FLY IN EVENTS The City Council approved a financial contribution of $5,000 to the Oroville Experimental Aircraft Association (EAA) be used to offset costs associated with City Fly In events at the City Airport.

5. AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH CMA PAINTING INC. FOR THE

LOTT HOME PAINTING AND DRY ROT REPAIR PROJECT
The City Council approved an agreement with CMA Painting Inc. for the Lott Home Painting and Dry Rot Repair Project.

6. APPROVAL OF CITY COUNCIL MEETING MINUTES
The City Council approved the minutes of 01.07.2025 Special Meeting, 01.07.2025 Regular Meeting and 01.21.2025 Regular Meeting.

REGULAR BUSINESS

7. AGREEMENT WITH CATALIS FOR CUSTOMER ENGAGEMENT – 311 COMMUNICATION SYSTEM
The City Council approved the selection of Catalis as the service provider for the City’s 311 system and authorized the City Administrator to execute the necessary agreements and oversee the implementation process by the following vote:

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

Absent: Council Member(s) Johnstone and Webber

8. PRESENTATION FROM ALL AMERICAN WELDING FOR NEW SAFETY FENCING FOR

TABLE MOUNTAIN BLVD
The City Council reviewed the proposed designed fences, selected one they liked and provided direction to staff to look into what funding options may be available to cover the cost of this project. 170
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February 04, 2025~4:00 PM Oroville City Council Meeting Minutes Page 5 of 5

9. APPROVAL OF CONTRACT FOR CODE AND COST ANALYSIS OF 2000 CHALLENGER

AVENUE FOR CONVERSION TO A SECOND PUBLIC SAFETY FACILITY WITHIN THE CITY The City Council approved the contract with David Griffith Architects for services related to Code and Cost Analysis of converting 2000 Challenger Avenue to a public safety facility by the following vote:

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

Absent: Council Member(s) Johnstone and Webber

10. APPROVAL OF DIGITAL SIGNATURE POLICY
The City Council adopted a digital signature policy to ensure a secure, efficient, and legally recognized method for gathering electronic signatures. They adopted Resolution No. 9342 by the following vote:

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

Absent: Council Member(s) Johnstone and Webber

PUBLIC HEARINGS
None this meeting.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
None received.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence

ADJOURN THE MEETING
The meeting was adjourned at 6:38PM.
____________________________________ ___________________________________ Kayla Reaster, Assistant City Clerk David Pittman, Mayor 171
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: TABLE MOUNTAIN GOLF COURSE – OPERATIONAL UPDATE,
REQUEST FOR REIMBURSEMENT FOR CALENDAR YEAR 2023
COURSE IMPROVEMENTS AND REVIEW OF 2024 AND 2025

PROJECT LISTS
DATE: FEBRUARY 18, 2025

SUMMARY
The City contracts with Table Mountain Golf Club, Inc. (TMGC) to operate and maintain the City golf course. TMGC will provide the Council with an operational update on the golf course activities. TMGC will also be submitting a claim for projects completed in accordance to the agreement between the City and TMGC for calendar year 2023.

In addition, on August 16, 2022, the Council approved the ninth amendment to agreement 764, between the City and TMGC. This amendment provided some clarity to both parties with regard to how a portion of the revenue from TMGC is to be shared with the City, and how the City agrees to contribute a portion of that revenue to TMGC for projects completed on the property. The agreement is slated to expire on August 15, 2025. Staff and TMGC recommend bringing a new agreement back to the Council, that incorporates all of the amendments into one comprehensive document.

Finally, TMGC will be reviewing projects completed in 2024 along with what they have planned for in 2025.

DISCUSSION
The City contracts with Table Mountain Golf Club, Inc. (TMGC) to operate and maintain the City golf course. TMGC will provide the Council with an operational update on the golf course activities.

In addition, on August 16, 2022, the Council approved the ninth amendment to agreement 764, between the City and TMGC. This amendment provided some clarity to both parties with regard to how a portion of the revenue from TMGC is to be shared with 172
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the City, and how the City agrees to contribute a portion of that revenue back to TMGC for projects completed on the property. The agreement is slated to expire on August 15, 2025. Staff and TMGC are working on a new agreement to bring back to the Council that incorporates all the various amendments into one complete document.

In accordance to the agreement, TMGC is also submitting a reimbursement request for projects completed in calendar year 2023. Revenue submitted to the City for that period was $56,368.50. The agreement entitles TMGC to retain up to 1/3 of that revenue (up to $18,789.50) for the completion of approved projects. TMGC has submitted receipts for the following projects, totally $21,117.9:
 Equipment shed;
 Cover for the PG&E panels;
 New walk in refrigerator; and
 Purchase of various fixtures for restroom updates on the golf course.

Finally, TMGC will be reviewing projects completed in 2024 along with what the projects that have planned for in 2025.

FISCAL IMPACT
$18,789.50 reimbursed back to TMGC out of the Airport Fund, for projects completed on the golf course in calendar year 2023.

ACTION REQUESTED -
Receive operational update from Table Mountain Golf Club, Inc.; Authorize the reimbursement of $18,789.50 to Table Mountain Golf Club, Inc. for projects completed on the golf course in calendar year 2023;
Approve projects completed in 2024; and
Approve projects proposed in 2025.

ATTACHMENTS
Ninth amendment to agreement #764;
Backup documentation for projects completed by Table Mountain Golf Club, Inc. in calendar year 2023;
Project list for 2024; and
Project list for 2025.
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: MARKET RATE HOUSING IMPACT FEE DEFERMENT AGREEMENT
DATE: FEBRUARY 18, 2025

SUMMARY
Consideration of an impact fee deferment for a 174-unit, market-rate housing project for a period of 10 years.

DISCUSSION
Oroville, like many cities in California, is experiencing a lull in construction of market rate housing projects. Over the past several years there have been many opportunities for financial assistance by both the State of California and the federal government to encourage the development of affordable housing. Given the availability of low-cost land in Oroville and the available financial incentives there have been several affordable housing developments over the past several years. These developments have been important to fill the needs of moderate and low-income families and individuals and as a result the City has far exceeded the number of affordable units that were identified in the current Housing Element Regional Housing Needs Assessment.

Conversely, there are no incentives for the development of market rate housing. Due to the lack of incentives, higher interest rates, and changes in the metrics financial institutions use to underwrite development, developers have found it challenging to take on new developments.

The City does not have the resources to provide direct financial assistance, however, the City is able to defer fees as a means of encouraging the development of market-rate housing. By providing a development agreement that would allow the deferment of fees over a period of 10-years, the upfront obligations of a developer are reduced, which bridges the financial gap necessary to fund a project.

The Grove Apartments is a planned 174-unit, luxury apartment, market-rate housing project that has been proposed by Chuck Tatreau Construction Inc. Initial plans have been submitted and are nearly ready for permit issuance. The project is located off of Grand Avenue and units on the south side of the project will have river views and the developer 193
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has included a pool, pickleball court, picnic area, and a playground within the gated community. Grading for the project could begin in the Spring of 2025.

The total deferred amount of impact fees would only include those fees collected by the City and would not include fees collected by the school district or SC-OR. The total sum to be deferred would be approximately $947,262.98. Staff proposes an interest rate of 3% over a 10-year period and would be paid monthly commencing in the first month following the issuance of a Certificat of Occupancy. The total collected if payment in full isn’t satisfied at an earlier date would be $1,097,621.09, and the interest collected would equal $150,358.11.

The fees collected by the City are for impacts in the following areas including the amount to be deferred for this specific project:

Law Enforcement $196,626.12
Fire Suppression/protection $114,554.37
Traffic/Circulation Systems Residential Uses $135,139.14 Storm Drain System $183,696.16
Sewer Collection Facilities (TWSD) $183,526.20
General Government/Administration $119,720.99
Park Development (Waived)
Deferral Fees $14,000
Total Fees Deferred $947,262.98

FISCAL IMPACT
The full sum of the impact to be deferred as a loan to the developer in the amount of $947,262.98, would be paid to the categories in the amounts listed above from the General Fund. The amortized payments received, including the principal and interest, would be deposited directly into the General Fund. There would be a potential revenue increase through the full repayment period due to the collected interest of $150,358.11, if satisfaction of the full payment is not provided before expiration of the terms of the loan.

ACTION REQUESTED
Direct staff to develop Development Impact Fee Derral Loan Agreement and authorize the Mayor to sign; and
Direct staff to execute and record a Deed of Trust and Promissory Note as security for the loan; and
Adopt Resolution No. 9352
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ATTACHMENTS

1. Project Elevations and Landscape Plan

2. 10-Year Amortization Schedule

3. Resolution No. 9352
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3 FEE DEFERRAL AGREEMENT
This Fee Deferral Agreement ("Agreement"), dated as of ___________ (the "Effective Date"), is entered into by and between the CITY OF OROVILLE, a California municipal corporation ("City") and Chuck Tatreau Construction Inc., a California corporation ("Developer"), each a "Party" and collectively the "Parties," on the following terms and conditions:

RECITALS
A. Developer is developing a market rate housing project to be known as The Olive Grove Apartments (the "Project") on that certain real property designated as APN 031-110-042, located in the City of Oroville, California.

B. The City has established a regular program of imposing the payment of specified fees on the construction of new development projects within the City. These fees are typically payable to the City at the time the project applicant submits an application to the City for the requisite permits and approvals.

C. As part of the approval of the Project, the City has imposed, and the Developer has agreed to pay, impact fees for the development of the Olive Grove Apartments due to the increased demand that will be placed on the City as a result of construction of the Project.

D. In certain instances the City acknowledges that it may be to the public's benefit to defer the payment of certain fees until a specified time after the issuance of the permit or approval.

E. Developer has requested that the Project be considered eligible for deferral of the fee for emergency services. Based on the designation of the Project for market rate housing and difficulty of financing the fee at this time and the desire to ensure the construction of the Project, the City has agreed to a deferral under the terms and conditions of this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

1. Deferral and Payment. The City agrees that Developer may defer payment of certain impact fees, as defined in Attachment A, to City for a period of 10-years at the rate of 3% interest. The total sum of fees to be deferred shall be Nine Hundred Forty-Seven Thousand Two Hundred Sixty-Two Dollars and Ninety-Eight Cents ($947,262.98). Payments in the amount of $9,146.84 are to begin on the first day of the month following the issuance of a Notice of Completion and continue for a period of 120 months until the full obligation of the deferment agreement has been satisfied. Developer agrees to timely pay all other City fees, including processing fees, as required by the City, as such other fees are not subject to deferral 204
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4 pursuant to this Agreement. Developer, at its option, may pre-pay all or a portion of the Development Impact Fees and there shall be no penalty for pre-payment.

2. Default. Developer’s failure to perform any term or provision of this Agreement constitutes a Default of this Agreement. In the event of a Default, the City shall give written "Notice of Default" to the Developer, specifying the Default. Delay in giving such notice shall not constitute a waiver of the Default. If the Developer fails to cure the Default within thirty (30) days after receipt of a notice specifying the Default, or, if the Default is of a nature that cannot be cured within thirty (30) days, Developer shall be liable to the City for any and all actual damages caused by such Default, including any attorney fees and costs incurred unless otherwise provided for by this Agreement.

3. No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times.

4. Legal Actions. In addition to any other rights and remedies, any party may institute a legal action to require the cure of any default and to recover actual damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement.

5. Jurisdiction and Venue. Legal actions must be instituted and maintained in the Superior Court of Butte County, California, or in the United States District Court, Eastern District of California.

6. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without reference to its choice of laws principles.

7. Rights and Remedies Are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by a Party of one or more of itsrights or remedies shall not preclude the exercise by it, at the same or different time, of any other rights or remedies for the same Default or any other Default by another Party.

8. No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Developer. No other parties or entities are intended to be, or shall be considered, a beneficiary of the performance of either of the Parties' obligations under this Agreement.

9. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of its terms.

Reference to section numbers are to sections in this Agreement unless expressly stated otherwise.

10. Interpretation. The City and Developer acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting and each represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Agreement. 205
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5 Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement

11. Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Agreement and the remainder of the Agreement shall continue in full force and effect.

12. Amendments to Agreement. Any amendments to this Agreement must be in writing and signed by the appropriate authorities of the City and Developer.

13. Notices. Demands and Communications Between the Parties. Formal notices, demands and communications between the parties shall be given in writing and personally served or dispatched by certified mail, postage prepaid, return receipt requested, or by overnight express mail to the principal offices of the parties, as designated in this Section. Such written notices, demands, and communications may be sent in the same manner to such other addresses as either party may from time to time be designated by notice as provided in this Section. Any such notice shall be deemed to have been received (i) upon the date personal service is affected, if given by personal service, (ii) on the date received, if sent by overnight express mail, or (iii) upon the expiration of three (3) business days after mailing, if given by certified mail, return receipt requested, postage prepaid.

If notice is to be made to the City: City of Oroville
Attn: City Administrator
1735 Montgomery Street
Oroville, CA 95965
Tel: (530) 538-2535
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6 If notice is to be made to Developer: Chuck Tatreau Construction Attention: Chuck Tatreau
1250 Ceres Avenue, CA 95926
Tel: (530) 680-4520

14. Authority. The individuals executing this Agreement on behalf of Developer represent and warrant that they have the legal power, right and actual authority to bind Developer to the terms and conditions hereof.

15. Counterpart Originals. This Agreement may be executed in duplicate original counterparts, each of which is deemed to be an original.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

CITY:

CITY OF OROVILLE, a municipal
corporation
ATTEST:

By:

Kayla Reaster, City Clerk
APPROVED AS TO FORM:

By:

Scott Huber, City Attorney
By:

Name: David Pittman, Mayor
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7 DEVELOPER:

Chuck Tatreau Construction
By: ________________________________
Name: _______________________________
Title _______________________________
Date: _______________________________
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8 Attachment A
Amortization Schedule
$947,262.98 Loan
3% Interest Rate
120 monthly payments of $9,146.84
Total Payments: $1,097,621.09 Total Interest: $150,358.11 209
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CITY OF OROVILLE
RESOLUTION NO. 9352

A RESOLUTION OF THE CITY COUNCIL OF OROVILLE, CALIFORNIA,

APPROVING AN IMPACT FEE DEFERMENT AGREEMENT FOR THE GROVE APARTMENTS, A 174-UNIT MARKET-RATE HOUSING DEVELOPMENT
WHEREAS, the City of Oroville recognizes the importance of encouraging the development of market-rate housing to promote economic growth and housing diversity; and
WHEREAS, the City has exceeded its Regional Housing Needs Assessment (RHNA) allocation for affordable housing but has experienced a decline in the construction of market-rate housing projects due to financial and economic constraints; and WHEREAS, market-rate housing developments do not currently benefit from state or federal financial incentives, making it difficult for developers to undertake new projects; and
WHEREAS, the City of Oroville seeks to support the construction of market-rate housing by offering a development impact fee deferment program as a financial bridge for developers to help mitigate upfront costs; and
WHEREAS, Chuck Tatreau Construction Inc. has proposed the Grove Apartments, a 174-unit, luxury market-rate housing project, which will include amenities such as a pool, pickleball court, picnic area, and playground within a gated community, with grading expected to begin in Spring 2025; and
WHEREAS, the City of Oroville agrees to defer impact fees for the Grove Apartments development in the amount of $947,262.98 for a period of ten (10) years at an interest rate of 3%, to be repaid in monthly installments commencing in the first month following the issuance of a Certificate of Occupancy; and
WHEREAS, the deferred impact fees are related to law enforcement, fire suppression/protection, traffic circulation systems, storm drain systems, sewer collection facilities, and general government/administration, with park development fees being waived; and
WHEREAS, the total repayment amount, including principal and interest, is estimated at $1,097,621.09, with an interest amount of $150,358.11 accruing over the full repayment period should the loan not be satisfied earlier; and
WHEREAS, the City Council finds that deferring these impact fees will support muchneeded market-rate housing development while ensuring that City infrastructure and services continue to be properly funded over time.
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NOW, THEREFORE, BE IT RESOLVED,
1) That the City Council of Oroville, California, does hereby approve the Market Rate Housing Impact Fee Deferment Agreement for the Grove Apartments project and authorizes the Mayor to execute the agreement and related documents; and 2) That an appropriate budget adjustment be made transferring the impact fee amounts into the appropriate impact fee funds from the General Fund; 3) That City staff is directed to execute and record a Deed of Trust and Promissory Note as security for the loan, ensuring full repayment to the General Fund under the terms of the deferment agreement.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on February 18, 2025, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

APPROVED AS TO FORM:

Scott E. Huber, City Attorney
ATTEST:

Kayla Reaster, Asst City Clerk David Pittman, Mayor
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: TIM KABER, PROJECT MANAGER / SENIOR CIVIL ENGINEER RE: HEWITT PARK UPDATE
DATE: FEBRUARY 18, 2025

SUMMARY
The City Council will be provided with an update on the Hewitt Park Renovation project.

DISCUSSION
There are two Requests for Proposals (RFP) currently out for bid for the Hewitt Park Renovation project: Construction and Construction Management. Both contracts are anticipated to be awarded at the same time to allow for optimal project efficiency and oversight.

1. Construction
The RFP for the construction project was released on Public Purchase on December 7, 2024. The RFP was also posted on the City website, and sent to Valley Contractors Exchange (VCE) for them to post on their website.

The Bid Walk was held on December 17, 2024, with over 20 attendees.

The original proposal due date was February 4th, 2024. The proposal due date was revised to February 11th, 2024. There were over 30 questions submitted one day prior to the question submission deadline of January 28, 2024. Several of the questions were deemed significant enough that the 1-week extension was granted. These questions have been answered and provided to the interested bidders.

The City pre-ordered playground and splashpad equipment in order to reduce costs associated with delaying the purchase of this equipment. The playground and splashpad equipment has been received.

Anticipated contract award is in March, which depends on the dollar amount of bids 212
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received. Our current grant funding is $4.6M, and the construction estimate is between $5M-$6M. If the dollar amount is over current funding level, City staff will provide options to cover the contract award amount. As discussed at the January 16, 2024 regular City Council meeting, there are approximately $1.5M in the Park Development Impact Fee Fund available for this project.

The construction duration is 200 working days from date of Notice To Proceed.

2. Construction Management
The Construction Management RFP was released January 24, 2025, and closes on February 24, 2025.

The Construction Management contractor will perform day-to-day onsite construction management, inspections, documentation of work activities, coordinate materials inspections and testing, as well as provide documentation supporting construction contractor billing amounts.

The City is able to use grant funds for design, construction, and construction management for the Hewitt Park Renovation project.

FISCAL IMPACT
None

ACTION REQUESTED
Accept for Information.

ATTACHMENTS
None.
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CITY OF OROVILLE

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

SERVICES
RE: FINANCIAL ANALYSIS FOR FISCAL YEAR ENDED JUNE 30, 2024 DATE: FEBRUARY 18, 2025

SUMMARY
The Council may receive annual unaudited financial information for the year ended June 30, 2024.

DISCUSSION
The City ended the fiscal year June 30, 2024 with a deficit of $3,448,540. Both the General Fund and District Tax Funds are considered General Fund but are accounted for separately for accountability and then combined for financial statement purposes.

Summary:

The General Fund ended with a $1.9 million dollar deficit which is attributable to one-time expenditures approved by the Council during the fiscal year. $998,322 for the purchase of the new Corp Yard, $750,000 Loan for the Mission Esparanza project, and $450,000 for the 162- road project. If not for these one-time expenditures, there would have been a small surplus for the fiscal year. For the District Tax Fund, expenditures were budgeted more than the revenues because there has been a surplus accumulating in that fund and the goal is to budget all of the accumulated fund balance.
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OUTSTANDING DEBT
Outstanding Debt on June 30, 2024, was $17,095,000 pension obligation for the City and $9,885,000 outstanding bonds for the Oroville Successor Agency. The original Pension Obligation Bonds were refinanced with the new Pension Obligation Bonds at were issued to pay off the CalPERS Unfunded liability.

Wells Fargo Penson Obligation Bonds 2 $17,095,000 Maturity Date 6/01/40 US Bank – Successor Agency Bonds $ 9,885,000 Maturity Date 9/01/31

Currently our General Fund reserve is $9,000,000. There are no plans to increase it at this time.

Our Fund Balance Policy is to target at least 15% of General Fund expenditures. The GFOA (Government Finance Officer Assn) recommends at least 17%. This year the City’s reserve is 27%. (Down 1% from the prior year).

FISCAL IMPACT
A year-end deficit for the year ended June 30, 2024, of $3,448,540 for the City’s General Fund.

RECOMMENDATION
Receive information for the fiscal year ended June 30, 2024.

ATTACHMENTS
City Revenue and Expense for June 30, 2024, compared to the budget for same year.

City Revenue and Expense for June 30, 2024, compared to the prior year. 215
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Budget Actual
2023-24 2023-24 Difference

REVENUES BY SOURCE
Taxes:

Sales and use taxes $ 13,883,427 $ 12,257,926 $ (1,625,501) Property taxes 4,304,141 5,440,353 1,136,212
Utility user taxes 2,258,495 2,864,704 606,209
Transient occupancy taxes 978,596 707,844 (270,752)
Franchise taxes 1,160,827 1,012,544 (148,283)
Other taxes 53,476 47,992 (5,484)
License and permits 593,988 652,469 58,481
Fines and forfeitures 38,619 36,907 (1,712)
Interest, rents and concessions 604,810 1,023,317 418,507 Intergovernmental revenues 425,001 781,506 356,505
Charges for services 483,958 334,674 (149,284)
Other revenues 2,109,913 1,543,675 (566,238)
Transfers in 1,510,557 1,167,097 (343,460)
TOTAL REVENUES $ 28,405,808 $ 27,871,008 $ (534,800)

EXPENDITURES
Function:

General Government $ 7,104,778 $ 6,891,646 (213,132)
Public Safety 15,204,596 14,549,906 (654,690)
Public Works 1,459,208 1,062,275 (396,933)
Streets and Storm Drains 3,616,657 1,581,418 (2,035,239) Parks and Leisure 2,220,805 1,185,984 (1,034,821)
Transfers out 6,048,322 6,048,322 -
TOTAL EXPENDITURES $ 35,654,366 $ 31,319,551 $ (4,334,815) NET INCREASE (DECREASE) IN FUND BALANCE $ (7,248,558) $ (3,448,543) FUND BALANCE BEGINNING $ 18,804,921 $ 18,804,921
FUND BALANCE ENDING $ 11,556,363 $ 15,356,378

CITY OF OROVILLE

REVENUES AND EXPENDITURES

CURRENT YEAR BUDGET TO ACTUAL

GENERAL FUND
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Prior Current
Year Year
Actual Actual
2023-24 2023-24 Difference

REVENUES
Taxes:

Sales and use taxes $ 13,402,841 $ 12,257,926 $ (1,144,915) Property taxes 4,508,942 5,440,353 931,411
Utility user taxes 2,755,038 2,864,704 109,666
Transient occupancy taxes 760,265 707,844 (52,421)
Franchise taxes 1,164,206 1,012,544 (151,662)
Other taxes 67,560 47,992 (19,568)
License and permits 665,737 652,469 (13,268)
Fines and forfeitures 62,980 36,907 (26,073)
Interest, rents and concessions 637,940 1,023,317 385,377 Intergovernmental revenues 475,792 781,506 305,714
Charges for services 483,333 334,674 (148,659)
Other revenues 4,940,991 1,543,675 (3,397,316)
Transfers in 2,566,347 1,167,097 (1,399,250)
TOTAL REVENUES $ 32,491,972 $ 27,871,008 $ (4,620,964)

EXPENDITURES
Function:

General Government $ 5,944,756 $ 6,891,646 $ 946,890
Public Safety 13,211,409 14,549,906 1,338,497
Public Works 1,121,107 1,062,275 (58,832)
Streets and Storm Drains 1,561,349 1,581,418 20,069
Parks and Leisure 1,871,777 1,185,984 (685,793)
Transfers out 6,998,055 6,048,322 (949,733)
TOTAL EXPENDITURES $ 30,708,453 $ 31,319,551 $ 611,098
NET INCREASE (DECREASE) IN FUND BALANCE $ 1,783,519 $ (3,448,543) FUND BALANCE BEGINNING $ 17,021,402 $ 18,804,921
FUND BALANCE ENDING $ 18,804,921 $ 15,356,378

PRIOR YEAR COMPARISON TO CURRENT YEAR ACTUAL

GENERAL FUND

CITY OF OROVILLE

REVENUES AND EXPENDITURES
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CITY OF OROVILLE

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

ADMINISTRATIVE SERVICES
RE: MID YEAR FINANCIAL REVIEW
DATE: FEBRUARY 18, 2024

SUMMARY
The Council may receive a mid-year financial report for revenues and expenditures for the first six months of the fiscal year July 1, 2024, to December 31,2024.

DISCUSSION

OVERVIEW
A review of budget to actuals for the first half of the fiscal year 2024-25.

GENERAL FUND
Revenues
Overall, the revenues are at 36% of the estimated budget received by December 31, 2024.

This amount is low due to the timing of property tax revenue that is received in two installments, one in January and the other in June. Both of these payments are outside the scope of this review and therefore not included in year-to-date revenues. Property tax revenue is estimated to be over 4 million.

Sales Tax revenue is also low due to the timing of receipts. July and August 2024 sales tax remittances are accrued back to the prior year leaving only 4 months of sales tax revenue reported during this period.

Considering the timing of both revenue sources, the revenue would be close to 50% and on target.

Expenditures
General Fund expenditures are for the core functions of the City. Administration, Police, Fire and Public Works are some of the departments budgeted here. Overall, the General Fund has 53% of the expenditure budget still available at mid-year. 218
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There are two items that require a mid-year budget adjustment.  Risk management (liability insurance) is coming in more than anticipated and a budget adjustment will be required to cover the next six months.  Attorney fees continue to outpace budget projections. The City has several litigation cases pending.

DISTRICT TAX FUND
Revenues
Revenues for the District Sales Tax are right on track with our estimates.

Expenditures
District Tax expenditures are coming in less than budgeted. Most of the departmental expenses are on track except for Streets. There was a $2 million allocation for road maintenance that was carried over to the next fiscal year. The budget allocated for the Fire contract is still pending and will be paid as we are billed. All other budget savings are attributed to salary savings from vacant positions.

DEBT
The City completed a new bond issuance for Pension Obligation Bonds in November 2021.

The bonds were issued for $19.225 million dollars at a rate of 3.2%. This is not considered new debt as we already owed this liability, rather a transfer of debt from CalPERS to our bond holder, US Bank.

Balances at 12/31/24
Wells Fargo Penson Obligation Bonds 2 $ 17,095,000 Maturity Date 6/01/40 US Bank – Successor Agency Bonds $ 8,635,000 Maturity Date 9/01/31

In summary, the City is on track to operate within the budget this fiscal year. As stated in previous presentations, expenses are growing at a faster rate than revenues. Rising expenditures will be a concern during the development of the 2025-26 budget. With that said, the City remains in a strong fiscal position with a healthy $9 million in reserves. Other assigned fund balance amounts are allocated to pension debt, future capital projects and unfunded accruals.

FISCAL IMPACT
Budget Adjustments listed below to increase Council approved appropriations, there are no decreases requested.
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RECOMMENDATION
Staff recommends the following budget adjustments:

Revenues
No budget adjustments requested.

Expenditures
 Increase to Risk Management in the General Fund, line item 100.1060.6090 to cover increased insurance costs. $200,000
 Increase to City Attorney budget in the General Fund, line item 100.1010.6360 to cover a revision to the estimated cost of the $400,000

ATTACHMENTS
Budget worksheets
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: CITY MUNICPAL CODE UPDATE AND AD HOC COMMITTEE

FORMATION
DATE: FEBRUARY 18, 2025

SUMMARY
The Oroville Municipal Code is a comprehensive compilation of laws and regulations enacted by the City. It covers a wide range of topics, including general provisions, administration, finance, business licenses, animal control, health and safety, public peace, traffic, public services, building codes, subdivisions, and zoning. The code is organized into titles and chapters, each addressing specific areas of city governance and public policy. The Code can be updated over time, as the Council deems appropriate. It has been requested to bring the topic forward of reviewing the current sections associated with planning and building, in an attempt to reduce potentially overly burdensome code requirements.

DISCUSSION
Council Member Webber, Council Member Johnstone and Mayor Pittman requested that the Council consider the formation of an add hoc committee to perform and extensive review of the planning and building sections of the Oroville Municipal Code, with the intent of identifying overly burdensome requirements and bring recommended changes back before the entire Council. A discussion will take place on this topic.

FISCAL IMPACT
None.

RECOMMENDATION
Provide direction to staff.

ATTACHMENTS
None.
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: EMPLOYMENT CONTRACT AMENDMENT WITH RON BELSER,
DIRECTOR – CODE ENFORCEMENT
DATE: FEBRUARY 18, 2025

SUMMARY
The Council will consider an amendment to the employment contract with Ron Belser, Director – Code Enforcement that would advance Mr. Belser from Step E, $150,123 annual salary to Step G, $166,345 annual salary.

DISCUSSION
Rob Belser accepted the position of Director – Code Enforcement on January 19, 2022 after service in various law enforcement positions for the City from 2011 to 2022. The contract provides for a performance evaluation each year of the contract, where with a satisfactory review, consideration is given for a step increase. The Council directed the City Administrator to bring this contract amendment forward advancing Mr. Belser from Step E, $150,123,annual salary to Step G, $166,345 annual salary.

The Government Code requires that all contracts for employment, including amendments, be approved at a regularly scheduled Council Meeting. The amendment to Belser’s employment agreement makes the following change:
 A salary advancement to Step G on the Department Head salary schedule, with an annual salary of $166,345, with an effective date of February 17, 2025.  Advancement of vacation accrual from twenty-one (21) working days per year, to twenty-two (22) working days per year, with an effective date of February 17, 2025.

FISCAL IMPACT
This will represent an annual salary increase of $16,222 and will be absorbed in the existing budget.

RECOMMENDATION
Adopt Resolution No. 9351 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE 225
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EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RON BELSER – (Agreement No. 3400).

ATTACHMENTS:

Contract;
Resolution; and
Contract Amendment.
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AMENDMENT #1 TO EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF OROVILLE AND RON BELSER
(A-3400-3)
This Amendment, dated February 18, 2025, is to the Employment Agreement (“Agreement”) between the City of Oroville (“City”) and Ron Belser (“Belser”).

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

1. Section 5 of the Salary section of the contract is replaced with the following language:

City agrees to pay Belser at Step G of the department head salary schedule, at an annual base salary of $166,345 effective February 17, 2025, and payable at the same time and manner as other Council appointed employees of the City are paid. 2026 Payment in Lieu of Cost of Living Increase: Effective January 1, 2026, the City shall issue a one-tie payment in lieu of cost of living increase as a SPI based increase.

This increase shall be no less than 3% and no greater than 5%. Cost of living adjustments (COLA) for the calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year (Table A).

2. Section 10.2 of the Vacation Leave section of the contract is replaced with the following language:

Belser shall accumulate vacation leave at the rate of twenty-two (22) working days of vacation per year, effective February 17, 2025. One additional day per year shall be added to the accumulation rate, above, on the employee’s anniversary date in his department head position until a maximum rate of 25 days per year is reached.

Beginning June 4, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.
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Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, Belser may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

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

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

CITY OF OROVILLE
David Pittman, Mayor Ron Belser
Director – Code Enforcement
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
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OROVILLE CITY COUNCIL
RESOLUTION NO. 9351________

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AMENDMENT #1 TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RON BELSER
(Agreement No. ________)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute Amendment #1 to the Employment Agreement between the City of Oroville and Ron Belser. The Amendment is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on February 18, 2025 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 229
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EMPLOYMENT AGREEMENT FOR DIRECTOR OF CODE

ENFORCEMENT BETWEEN THE CITY OF OROVILLE AND RON
BELSER
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Ron Belser ("Belser"), collectively, the “Parties”, effective June 4, 2024. The Parties hereby agree as follows:

WHEREAS, City desires to employ the services of Belser as its Director of Code Enforcement; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Belser; and WHEREAS, Belser desires to be employed as the Director of Code Enforcement of the City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Belser as the Director of Code Enforcement of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign him.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective June 4, 2024, and shall continue until January 18, 2026. On or before July 18, 2025, Belser shall give written notice to City if he wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to Belser of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Belser shall not be entitled to any compensation except for any accrued vested benefits as listed below.

B. If Belser resigns his position as Director of Code Enforcement before the expiration date of the initial or any extended term of this Agreement, Belser shall give the City a sixty (60) day written notice in advance. In such event, Belser shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Belser make such request.

C. City may terminate this Agreement at any time with or without cause. If the City discharges Belser from his position, without cause, as Director of Code Enforcement, the City shall pay Belser a lump-sum cash payment equal to six (6) months’ salary. In addition, Belser shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event Belser is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses to terminate the agreement, Belser shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination. 230
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Section 3. Drug Testing Policy:

Belser 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 Belser becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: 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. Belser acknowledges and agrees that his job position meets the definition of a ”Key employee” for purposes of these laws.

Section 5. Salary:

City agrees to maintain Belser at Step E of the department head salary schedule, to an annual base salary of $150,123 and payable at the same time and manner as other Council Appointed Employees of the City are paid.
2024 Payment in Lieu of Cost-of-living Increase: Belser shall be paid a payment in lieu of a 2024 Cost-of-living increase equivalent to 3% of salary at the 1/1/2024 level (Step C) this payment is calculated to be $4,065, less applicable tax withholdings. 2025 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2025, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2025 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
2026 Payment in Lieu of Cost-of-living Increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year. (Table A)
Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Belser each year of the contract and during any extension period of the contract. Upon the Council's concurrence with the satisfactory review, Belser will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Belser. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Belser. The City Administrator's evaluation of Belser will be shared with the Mayor and Council.

The Mayor and Council may add additional comments to Belser's final evaluation.

Section 7. Hours of Work; Administrative Leave:

Belser shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that Belser shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end he shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, 231
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up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year.

Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Belser shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against his sick leave. Before taking such leave, Belser shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Belser suitable for his use while performing his duties as the Director of Code Enforcement or compensate him, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Section 10.1 Sick Leave:

Belser shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Belser shall be permitted to accumulate an unlimited amount of sick leave.

Section 10.2 Vacation Leave:

Belser shall accumulate vacation leave at the rate of twenty-one (21) working days of vacation per year. One additional day per year shall be added to the accumulation rate, above, on the employees’ anniversary date in his department head position until a maximum rate of 25 days per year is reached.

Beginning June 4, 2026, or when vacation accruals fall below the 3x annual accrual rate (whichever is sooner) Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate. Prior to such date, employees with excess accruals shall be paid out (at the then effective base hourly rate of pay) for accrued vacation above the 3x annual cap (referred to in this section as accrued excess vacation) on the following schedule:

Installment 1: On the payday for the period including November 21, 2024, 25% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 2: On the payday for the period including May 21, 2025, 33% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 3: On the payday for the period including November 21, 2025, 50% of the accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Installment 4: On the payday for the period including May 21, 2026, all remaining accrued excess vacation shall be paid out to the employee less applicable tax withholdings.

Following the fourth installment of payout of accrued excess vacation or when accrued vacation falls below the 3x accrual cap (whichever is sooner), there shall be no further accruals allowed that are above the 3x annual cap.

In addition to the above mandatory draw-down schedule for excess vacation, Belser may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains 232
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sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.

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

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Belser and his eligible dependents.

City Paid Medical Benefit after Retirement
This section will terminate in five years on June 4, 2029, without reconsideration or negotiations with the Department Head. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.

1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 12. Holidays: Belser is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Juneteenth

7. Independence Day

8. Labor Day

9. Veteran's Day

10. Thanksgiving Day

11. The Day After Thanksgiving Day

12. Last Workday Before Christmas Day

13. Christmas Day
Belser shall be compensated for each holiday at the straight time compensation rate. 233
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Section 13. Technology Fee:

City shall provide a technology allowance to Belser in the amount of $100/month to compensate him for the use of his private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Belser will pay 7% of the employee share of his CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. Belser and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Belser shall have the option to convert his unused sick leave balance to CalPERS service credit or he may convert it to a dollar value to pay premiums for medical, dental, and vision insurance. Belser may also elect to split his unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Belser elects to convert his unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Belser shall have the option of continuing medical, dental and vision insurance coverage at his own expense, consistent with current City policy and Federal law. If, after his retirement, Belser becomes deceased before his dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Belser. The City shall contribute 3% of Belser’s base salary to Belser’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Belser contributes to Belser’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Belser shall only accept outside employment that involves teaching or training related to his profession and any existing agreements. Any outside employment shall not interfere with Belser’s duties 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 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Belser necessary for his continuation and full participation in national, regional, state, and local associations and organizations as are desirable for his continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget. 234
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Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Belser for professional and official travel, meetings, and occasions to continue the professional development of Belser, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Belser serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Belser for short courses, institutes and seminars that are necessary for his professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Belser, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Development Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Belser is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all of Belser's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Belser 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 Belser's duties as Director of Code Enforcement, except for any civil action or proceeding brought against Belser 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.

Section 22. Bonding:

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

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Belser that Belser is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Belser serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. Belser acknowledges and agrees that he is otherwise subject to all other City Personnel Rules and Regulations.
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Section 24. 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 BELSER: Belser at his 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 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

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

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

D. This Agreement shall not be modified without the written consent of Belser 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.

Approved by the City Council of the City of Oroville at a meeting held June 4, 2024.

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

CITY OF OROVILLE
David Pittman, Mayor Ron Belser, Director of Code Enforcement APPROVED AS TO FORM:

Scott E. Huber, City Attorney
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CITY OF OROVILLE

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

PAT PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: ADOPTION OF ORDINANCE TO AMEND SUBSECTION 13.30 OF THE

OROVILLE MUNICIPAL CODE IMPLEMENTING A COMMUNITY CHOICE

AGGREGATION PROGRAM WITH PIONEER COMMUNITY ENERGY
DATE: FEBRUARY 18, 2025

SUMMARY
Staff continue to work with Pioneer Community Energy (PCE), a Community Choice Aggregator, to transition power supply responsibilities from Pacific Gas and Electric (PG&E) to PCE. The anticipated transition date is targeted for the fall of 2026. In order to continue to move forward with PCE, the City Council must make changes in the City Municipal Code.

DISCUSSION
Community Choice Aggregator (CCA) programs allow local governments to procure electricity generation on behalf of residents and businesses at wholesale market rates while still utilizing the existing transmission and distribution infrastructure of utilities like PG&E. Butte County, along with the cities of Chico and Oroville, previously attempted to establish a local CCA, Butte Choice Energy (BCE), but market conditions prevented its launch.

Pioneer is a Joint Powers Authority (JPA) serving El Dorado, Placer Counties, and several cities in our region. Like BCE, Pioneer is committed to local investments in renewable energy, economic development, and energy efficiency programs. Pioneer prioritizes ratepayer savings and local control, working to provide competitive electricity rates with a discount over PG&E.

On October 1, 2024, the Council directed staff to move forward with Pioneer. On December 19, 2024, the Pioneer Governing Board approved this expansion effort and an amendment to their JPA. Butte County, Chico and Paradise staff are introducing similar actions to their legislative bodies.

Pursuant to California Public Utilities Code section 366.2(c)(12), the Department proposes the adoption of an ordinance which amends subsection 13.30 of the Oroville Municipal Code to implement a Community Choice Aggregation Program with Pioneer. This item was introduced to the Council at its regularly scheduled Council Meeting on January 21, 2025.

FISCAL IMPACT
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None.

RECOMMENDATION
Adopt ordinance amending subsection 13.30 of the Oroville Municipal Code implementing a Community Choice Aggregation program with Pioneer Community Energy. 238
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Ordinance No. ____

AN ORDINANCE OF THE OROVILLE CITY COUNCIL

AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE

AGGREGATION PROGRAM WITH PIONEER ENERGY AND AMENDING SUBSECTION

13.30 ENTITLED, “COMMUNITY CHOICE AGGREGATION” OF CHAPTER 13 ENTITLED, “PUBLIC SERVICES” OF THE OROVILLE MUNICIPAL CODE The Oroville City Council ordains as follows:

Section 1. Purpose.

1. On September 24, 2002, the Governor of California signed into law Assembly Bill 117 (Statute 2002, Chapter 838; see Public Utilities Code section 366.2; hereinafter referred to as the “Act”), which authorizes any California city or county, whose governing body so elects, to combine electricity load of its residents and businesses in a Community Choice Aggregation program (CCA). The Act expressly authorizes participation in a CCA through a joint powers authority; and

2. On September 9, 2015, the County of Placer and the City of Colfax entered into the original Joint Exercise of Powers Agreement to establish the Sierra Valley Energy Authority as a joint powers authority under the Joint Exercise of Powers Act, Government Code section 6500, et seq.; and

3. The California Public Utilities Commission certified the “Implementation Plan” of the Sierra Valley Energy Authority, confirming compliance with the requirements of the Act; and 239
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4. On February 22, 2017, the Amended and Restated Joint Powers Agreement became effective and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members of the Joint Exercise of Powers Agreement and established a Community Choice Aggregation Program within the jurisdictions of the Voting Members; and

5. Resolution No. 2017-3 of the Sierra Valley Energy Authority approved a name change from Sierra Valley Energy Authority to Pioneer Community Energy (“Pioneer”), as it is known today; and

6. Subsequent amendments to the Amended and Restated Joint Powers Agreement have authorized the County of El Dorado and the Cities of Grass Valley, Nevada City, and Placerville to become Voting Members; and

7. Currently, Pacific Gas and Electric Company (PG&E) generates and provides electricity to the residents of the City of Oroville, and there is no alternative provider for the City; and

8. The Oroville City Council finds it essential that its residents, businesses, and public facilities have alternative energy procurement options beyond PG&E; and

9. In July 2024, City of Oroville and Pioneer began discussions and studies to consider the financial feasibility and assess the risk of adding unincorporated Butte County to Pioneer's service area; and

10. Contingent on completing those discussions and studies, the Oroville City Council believes joining Pioneer will
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provide financial and other advantages to businesses and residents of the City of Oroville; and

11. The Amended and Restated Joint Exercise of Powers Agreement requires a prospective member to individually adopt a resolution of intent expressing the desire to become a member of the Joint Powers Authority and adopt an ordinance electing to implement a CCA within its jurisdiction under Public Utilities Code section 366.2; and

12. The Oroville City Council finds that the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines, as it is not a “project” since it has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378). Further, the ordinance is exempt from CEQA, as there is no possibility that the ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061(b)(3)); and

13. In 2020, the Oroville City Council previously adopted Ordinance #1847 adding sub section 13.30 to the Oroville Municipal Code to create the Butte Choice Energy Community Choice Aggregate and entered into a Joint Powers Agreement with the City of Chico and Butte County, however market conditions have prevented its launch; and

14. The Oroville City Council wishes to amend Subsection 13.30 of the Oroville Municipal Code to reflect its interest in joining Pioneer.

Section 2. Subsection 13.30 of the Oroville Municipal Code is amended to read as follows:
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CHAPTER 13.30 – COMMUNITY CHOICE AGGREGATION 13.30.010 – Authorization to implement community choice aggregation program.

The Oroville City Council authorizes the implementation of a Community Choice Aggregation Program within the areas of the City currently served by PG&E through participation in the Community Choice Aggregation Program of the Pioneer Community Energy Joint Powers Authority, contingent upon all of the following: (a) completion of the impact analysis by Pioneer, (b) adoption of a resolution of intent by the City expressing its desire to become a member of Pioneer, (c) approval of Pioneer Community Energy’s Amended and Restated Joint Exercise of Powers Agreement, as amended, by the City, (d) approval by the Governing Board of Pioneer Community Energy of the membership of the City, and (e) the certification by the California Public Utilities Commission of the Implementation Plan filed by Pioneer to include the City.

Section 3. Severability.

The provisions of this Ordinance are separate and severable. If any provision of this Ordinance is for any reason held by a court to be invalid, the City Council declares that it would have passed this Ordinance irrespective of the invalidity of the provision held to be invalid, and such invalidity shall therefore not affect the remaining provisions of this Ordinance which shall remain in full force and 242
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effect or the validity of its application to other persons or circumstances.

Section 4. Effective Date and Publication.

This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this Ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in a newspaper of general circulation published in the County of Butte, State of California.

PASSED AND ADOPTED by the Oroville City Council, State of California, on the 18th day of February, 2025, by the following vote:

AYES:

NOES:

ABSENT:

NOT VOTING:
________________________________
David Pittman, Mayor
Oroville City Council
APPROVED AS TO FORM: ATTEST:

Dave Ritchie, Asst. City Attorney Kayla Reaster, Asst. City Clerk ________________________ _____________________________

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