Oroville City Council
March 18, 2025

March 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
March 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 March 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.

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. PROCLAMATION RECOGNIZING ARBOR DAY IN THE CITY OF OROVILLE The City Council shall consider adopting a resolution recognizing Arbor Day (April 25, 2025) in the City of Oroville, encouraging community participation in tree planting and preservation efforts.

ACTION REQUESTED –
ADOPT RESOLUTION NO. 9358; AND AUTHORIZE THE MAYOR TO SIGN.

2. GATEWAY PROJECT UPDATE
Mark Mendez will provide the City Council an update on progress being made with the City of Oroville Gateway project (project on the northwest corner of Montgomery and Feather River Boulevard).

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

CONSENT CALENDAR
Consent calendar items 1 - 5 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. FINAL ADOPTION OF THE 2024 LOCAL HAZARD MITIGATION PLAN UPDATE AND INCORPORATION INTO THE OROVILLE 2030 GENERAL PLAN SAFETY ELEMENT To keep Oroville’s eligibility for federal and state disaster assistance, the Council must again adopt Oroville’s 2024 Local Hazard Mitigation Plan Update (LHMP) and officially incorporate it into the City’s General Plan Safety Element.

ACTION (S) REQUESTED -

1. ADOPT THE 2024 LOCAL HAZARD MITIGATION PLAN UPDATE AS APPROVED BY

BOTH CALOES AND FEMA

2. ADOPT RESOLUTION 9359, WHICH INCORPORATES THE NEW DOCUMENT BY

REFERENCE IN THE SAFETY ELEMENT OF THE GENERAL PLAN

2. TITLE VI PROGRAM APPROVAL
The City Council shall consider the approval of a Title VI Program within the City.

ACTION REQUESTED -
APPROVE THE IMPLEMENTATION OF THE TITLE VI PROGRAM.

3. HOUSING SUCCESSOR AGENCY ANNUAL REPORT
Receive and file the Housing Successor Agency Annual Report for Fiscal Year 2023-24.

ACTION REQUESTED -

RECEIVE AND FILE THE HOUSING SUCCESSOR AGENCY ANNUAL REPORT FOR FISCAL YEAR ENDING JUNE 30, 2024.

4. HOUSING ELEMENT ANNUAL REPORT
Receive and file the 2024 Housing Element Annual Progress Report.

ACTION REQUESTED -
RECEIVE AND FILE THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2024.

5. APPROVAL OF REGULAR MEETING MINUTES
The City Council shall consider approving the drafted minutes of March 4, 2025.

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

REGULAR BUSINESS

6. 2025 FEDERAL LEGISLATIVE PRIORITY DISCUSSION
The City Council shall consider and provide input on the federal priority document from The Ferguson Group (TFG), who the city has retained for advocacy work at the federal level. TFG met with City Council members and staff and have used their input to draft the attached Federal priority document.

ACTION(S) REQUESTED -

1. APPROVE THE PRIORITY DOCUMENT; OR

2. PROVIDE DIRECTION REGARDING CHANGES TO BE INCLUDED IN THE DOCUMENTS AND RETURN ON APRIL 1, 2025 FOR FINAL CONSIDERATIONS.

7. AWARD OF CONSTRUCTION CONTRACT; HEWITT PARK RENOVATION AND BUDGET

ADJUSTMENT
The City Council shall consider awarding construction contract to R&R Horn Contractors, Inc., of Chico for the Hewitt Park Renovation Project and budget adjustment.

ACTION(S) REQUESTED –

1. AWARD CONTRACT TO R&R HORN CONTRACTORS, INC. FOR $4,530,077 AND ALLOCATING $453,008 FOR CONTINGENCIES;

2. APPROVE OF BUDGET ADJUSTMENT FROM THE PARK IMPACT FEES FUND 134 TO CAPITAL PROJECTS FUND 301 IN THE AMOUNT OF $1,826,961 (5/7 VOTE REQUIRED); AND

3. AUTHORIZE MAYOR TO SIGN CONTRACT.

8. AWARD OF CONTRACT; CONSTRUCTION MANAGEMENT SERVICES ON THE HEWITT

PARK RENOVATION PROJECT AND BUDGET ADJUSTMENT
The City Council shall consider awarding a contract to Alpha CM, Inc. of Folsom for Construction Management (CM) Services on the Hewitt Park Renovation Project and budget adjustment.

ACTION(S) REQUESTED -

1. AWARD CONTRACT TO ALPHA CM, INC. FOR $425,470 AND ALLOCATING $42,547 FOR CONTINGENCIES;

2. APPROVE BUDGET ADJUSTMENT FROM THE PARK IMPACT FEES FUND 134 TO CAPITAL PROJECTS FUND 301 IN THE AMOUNT OF $468,017 (5/7 VOTE REQUIRED); AND

3. AUTHORIZE MAYOR TO SIGN CONTRACT.
4 March 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 5 of 8

9. EMPLOYMENT CONTRACT AMENDMENT WITH ALYSSA STUTZ, ASSISTANT DIRECTOR

OF PUBLIC WORKS / CITY ENGINEER APPOINTING AS INTERIM PUBLIC WORKS

DIRECTOR AND TEMPORARILY PLACE ON STEP G OF DEPARTMENT HEAD SALARY

SCHEDULE
The City Council shall consider an amendment to the employment contract with Alyssa Stutz, Assistant Director of Public Works / City Engineer, temporarily appointing Ms. Stutz as Interim Public Works Director effective February 19, 2025 and placement at Step G of the Department Head salary schedule at an annual compensation of $166,345.

ACTION REQUESTED –
ADOPT RESOLUTION NO. 9360 – 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 ALYSSA STUTZ – (AGREEMENT NO. 3509-1).

10. EMPLOYMENT CONTRACT AMENDMENT WITH AMY BERGSTRAND, DIRECTOR –

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
The City Council shall consider an amendment to the employment contract with Amy Bergstrand, Director – Business Assistance and Housing Development, that would advance Ms. Bergstrand from Step E, $150,123 annual salary to Step G, $166,345 annual salary.

ACTION REQUESTED –
ADOPT RESOLUTION NO. 9361 – 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 AMY BERGSTRAND – (Agreement No. 3407-3).

11. APPOINTMENT TO THE HOUSING LOAN ADVISORY COMMITTEE
The City Council shall consider appointing Laura Rattanasouk Hix to the Housing Loan Advisory Committee with a term expiring on March 18, 2029.

ACTION REQUESTED –

APPOINT LAURA RATTANASOUK HIX TO THE HOUSING LOAN ADVISORY COMMITTEE WITH A TERM EXPIRING ON MARCH 18, 2029.

12. SPONSORSHIP OPPORTUNITY FOR THE OROVILLE AREA CHAMBER OF COMMERCE

ANNUAL DINNER & AWARDS CEREMONY
The City Council shall consider sponsoring the Oroville Area Chamber of Commerce Annual Dinner and Award Ceremony.

ACTION REQUESTED –
1) SELECT A SPONSORSHIP LEVEL TO SUPPORT; OR
2) DO NOT SPONSOR.
5 March 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 6 of 8

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]

13. FIRST READING OF ZONING CODE AMENDMENT (ZC) 24-04, AMENDING SECTION

17.04.060 (DEFINITIONS) AND CHAPTER 17.20 (SIGN REGULATIONS) OF THE OROVILLE

MUNICIPAL CODE (OMC)
The City Council will consider approving ZC 24-04, amendments to the City’s Sign Code as it pertains to the regulation of freestanding-signs, wall signs, and the processing of sign programs.

ZC 24-04 would specifically amend Section 17.04.060 “Definitions,” Section 17.20.070 “Requirements for specific types of signs,” Section 17.20.080 “Sign programs”, Section 17.20.120 “Requirements for commercial and mixed-use districts,” Section 17.20.130 “Requirements for industrial districts,” and Section 17.20.140 “Requirements for special purpose districts.” ACTION(S) REQUESTED –

1. FIND THAT THE ADOPTION OF THE PROPOSED ORDINANCE IS STATUTORILY

EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) UNDER SECTION 15061(B)(3); AND

2. INTRODUCE FOR FIRST READING ORDINANCE NO. 1886 AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF OROVILLE AMENDING THE OROVILLE MUNICIPAL CODE SECTION 17.04.060 “DEFINITIONS,” SECTION 17.20.070 “REQUIREMENTS FOR SPECIFIC TYPES OF SIGNS,” SECTION 17.20.080 “SIGN PROGRAMS,” SECTION 17.20.120 “REQUIREMENTS FOR COMMERCIAL AND MIXED-USE DISTRICTS,” SECTION 17.20.130 “REQUIREMENTS FOR INDUSTRIAL DISTRICTS,” AND SECTION 17.20.140 “REQUIREMENTS FOR SPECIAL PURPOSE DISTRICTS”.
6 March 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 7 of 8

14. PUBLIC HEARING AND ADOPTION OF ORDINANCE 1887 AMENDING CHAPTER 15 OF THE

CITY OF OROVILLE MUNICIPAL CODE AND A RESOLUTION OF THE OROVILLE CITY COUNCIL TO AMEND CHAPTER 15 SECTION 15.60.030 AND 15.60.040 The City Council will conduct a public hearing and consider adoption of Ordinance 1887 to amend Chapter 15 updating section 15.60.030 City of Oroville Municipal Fire, and section 15.60.040 Express Findings to align with the 2022 Building Code Standards.

ACTION REQUESTED -
CONDUCT A PUBLIC HEARING FOR, AND ADOPT ORDINANCE NO. 1887 AMENDING TITLE 15, OF THE OROVILLE MUNICIPAL CODE.

15. PUBLIC HEARING AND ADOPTION OF ORDINANCE RELATED TO PROPOSED CHANGES

TO THE SALE AND USE OF SAFE AND SANE FIREWORKS
The City Council shall hold a public hearing regarding the adoption of Ordinance 1888 to consider recommended changes specific to Chapter 15.60.030 regarding the future sale and use of fireworks within the City limits.

ACTION(S) REQUESTED -

1. WAIVE READING OF ORDINANCE; AND

2. ADOPT BY TITLE ORDINANCE NO. 1888 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING CHAPTER 15.60 OF THE MUNICIPAL CODE TO INCORPORATE CHANGES APPLICABLE TO SAFE & SANE FIREWORKS USE.

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. Fire Department Statistics Report February 2025
ii. Business Assistance and Housing Development Monthly Report February 2025

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on April 1, 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 7 March 18, 2025~4:00 PM Oroville City Council Meeting Agenda Page 8 of 8 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

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: KAYLA REASTER, ASSISTANT CITY CLERK
RE: PROCLAMATION RECOGNIZING ARBOR DAY IN THE CITY OF

OROVILLE
DATE: MARCH 18, 2025

SUMMARY
The City Council shall consider adopting a resolution recognizing Arbor Day (April 25, 2025) in the City of Oroville, encouraging community participation in tree planting and preservation efforts.

DISCUSSION
Arbor Day, which is celebrated on the last Friday in April each year, is an annual observance that promotes the planting, care, and appreciation of trees. First celebrated in 1872, it has since grown into a national tradition aimed at fostering environmental stewardship and urban forestry. The City of Oroville, known for its beautiful natural surroundings and commitment to sustainability, has long recognized the importance of trees in enhancing the quality of life for residents. The City of Oroville’s landscape is characterized by its lush greenery, historic oak trees, and the scenic Feather River. Trees provide essential environmental, economic, and social benefits, including:
 Reducing urban heat and providing shade during Oroville’s warm summers  Improving air and water quality
 Preventing soil erosion along the riverbanks and hillsides  Enhancing property values and aesthetic appeal
 Providing habitat for local wildlife
Oroville has been designated as a Tree City USA, demonstrating its ongoing commitment to maintaining a healthy urban forest. The annual celebration of Arbor Day provides an opportunity to reaffirm this commitment by engaging the community in tree-planting initiatives and educational programs.
9 Item 1.

This proclamation encourages residents, businesses, and schools to participate in Arbor Day activities and recognize the vital role trees play in creating a healthier and more sustainable Oroville.

FISCAL IMPACT
None
ACTION REQUESTED –
ADOPT RESOLUTION NO. 9358; AND AUTHORIZE THE MAYOR TO SIGN.

ATTACHMENTS
Resolution No. 9358
10 Item 1.

CITY OF OROVILLE
RESOLUTION NO. 9358

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, IN RECOGNITION OF ARBOR DAY 2025
WHEREAS, the City of Oroville is blessed with a rich natural landscape, from the scenic Feather River to our abundant parks and green spaces, and trees play a crucial role in preserving our community’s beauty and environmental health; and WHEREAS, trees in Oroville provide much-needed shade during our warm summers, improve air quality, reduce erosion along the Feather River and throughout our rolling hills, and create a welcoming and vibrant city for residents and visitors alike; and WHEREAS, the residents of Oroville have long understood the importance of trees, from the towering oaks that define our historic neighborhoods to the new plantings that will shape our future; and
WHEREAS, Arbor Day, celebrated on the last Friday of April each year, was first celebrated in 1872 and serves as a reminder of our responsibility to care for and expand our urban forest, ensuring a greener, healthier future for all who call Oroville home; and WHEREAS, the City of Oroville is proud to be designated as a Tree City USA community, reflecting our commitment to thoughtful urban forestry management and sustainability; and WHEREAS, celebrating Arbor Day provides an opportunity to educate our community about the benefits of trees, promote stewardship, and encourage businesses, schools, and residents to take part in planting and caring for trees in our City; and WHEREAS, Oroville’s parks, schools, and neighborhoods thrive because of the dedication of our residents who recognize that each tree planted today is an investment in the wellbeing of future generations.

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

AYES:

NOES:

ABSTAIN:

ABSENT:
11 Item 1.

ATTEST:
____________________________ ________________________
Kayla Reaster, Assistant City Clerk David Pittman, Mayor APPROVED AS TO FORM:
___________________________________
David Ritchie, Assistant City Attorney
12 Item 1.

CITY OF OROVILLE

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

WES ERVIN, CITY PLANNER
RE: FINAL ADOPTION OF THE 2024 LOCAL HAZARD MITIGATION PLAN UPDATE AND INCORPORATION INTO THE OROVILLE 2030

GENERAL PLAN SAFETY ELEMENT
DATE: MARCH 18, 2025

SUMMARY
To keep Oroville’s eligibility for federal and state disaster assistance, the Council must again adopt Oroville’s 2024 Local Hazard Mitigation Plan Update (LHMP) and officially incorporate it into the City’s General Plan Safety Element.

DISCUSSION
A current LHMP is a prerequisite for federal disaster assistance from the Federal Emergency Management Agency (FEMA), and for state disaster assistance from the Governor’s Office of Emergency Services (CalOES) under the California Disaster Assistance Act (Assembly Bill 2140).

On October 15, 2024, the city adopted Annex D of the complete Butte County Local Hazard Mitigation Plan. The full plan was concurrently developed by the county, all cities and 15 agencies throughout the county. At that time the city needed to adopt the plan prior to its approval by Cal OES and prior to submitting it to FEMA for review. FEMA has now approved the full county LHMP, and the city must again adopt a resolution to officially incorporate it into the Safety Element of our current General Plan.

The 112-page Oroville LHMP has a detailed discussion of and appropriate mitigation measures for likely local hazards, which include possible dam failure, 100-year and 500- year flood events, levee failure, and wildfire (with power failure). For the complete county LHMP see https://www.buttecounty.net/808/Local-Hazard-Mitigation-Plan Lastly, on November 17, 2020, as also required by AB 2140 the City Council incorporated the 2019 LHMP version and all subsequent LHMP’s into the General Plan Safety Element. 13 Item 1.

Incorporation into the General Plan ensures that both the LHMP and Safety Element are consulted when addressing known hazards to ensure the general health and safety of the people within the City of Oroville. No additional General Plan amendment is needed since the language already incorporates the LHMP by reference:
“P7.4 Use the Butte County Local Hazard Mitigation Plan as the guide for disaster planning in the Oroville Planning Area”.

FISCAL IMPACT
None. Staff drafted the update in-house. Implementation will be in-house.

ACTION REQUESTED -
Staff recommends the following actions:

1. Adopt the 2024 Local Hazard Mitigation Plan Update as approved by both CalOES and FEMA

2. Adopt Resolution 9359, which incorporates the new document by reference in the Safety Element of the General Plan

ATTACHMENTS

1. Resolution 9359

2. FEMA approval letters (2)
14 Item 1.

CITY OF OROVILLE
RESOLUTION 9359

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING THE 2024 OROVILLE LOCAL HAZARD MITIGATION PLAN UPDATE AFTER

APPROVAL BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, AND

RECONFIRMING ITS INCORPORATION INTO THE GENERAL PLAN SAFETY

ELEMENT
WHEREAS, the City Council of the City of Oroville recognizes the threat that natural hazards pose to people and property within (local government); and WHEREAS, the city has prepared a multi-hazard mitigation plan update, hereby known as Annex D (City of Oroville) of the Butte County 2024 Local Hazard Mitigation Plan Update in accordance with federal laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended; the National Flood Insurance Act of 1968, as amended; and the National Dam Safety Program Act, as amended; and WHEREAS, the 2024 Oroville Local Hazard Mitigation Plan Update identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in Oroville from the impacts of future hazards and disasters; and WHEREAS, adoption by the City Council of the City of Oroville demonstrates its commitment to hazard mitigation and achieving the goals outlined in the Local Hazard Mitigation Plan Update.

WHEREAS, on November 17, 2020, the City Council first incorporated by reference the most current version of the Local Hazard Mitigation Plan into the Oroville General Plan Safety Element and has incorporated all updates since.

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

Section 1. The City Council of the City of Oroville hereby adopts the 2024 Oroville Local Hazard Mitigation Plan Update as approved by the Federal Emergency Management Agency (FEMA), and in accordance with the requirements of AB 2140 incorporates into the General Plan by reference.
15 Item 1.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on March 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 16 Item 1.

U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607
February 14, 2025
Katie Simmons
Deputy Chief Administrative Officer
Butte County Economic & Community Development Office
25 Center Drive, Suite 213
Oroville, CA 95965
Dear Katie Simmons:

The 2024 Butte County Local Hazard Mitigation Plan was officially adopted by Butte County and submitted for final review and approval to the Federal Emergency Management Agency (FEMA). The review is complete, and FEMA finds the plan to be in conformance with the Code of Federal Regulations, Title 44, Part 201, Section 6 (44 C.F.R. 201.6). A list of the status of participating jurisdictions is enclosed with this letter.

This plan approval ensures Butte County’s continued eligibility for funding under FEMA’s Hazard Mitigation Assistance programs, including the Hazard Mitigation Grant Program (HMGP), the Building Resilient Infrastructure and Communities program (BRIC), and the Flood Mitigation Assistance (FMA) program. All requests for funding are evaluated individually according to eligibility and other program requirements. Approved hazard mitigation plans may also be eligible for points under the National Flood Insurance Program’s Community Rating System (CRS).

FEMA’s approval is for a period of five years, effective the date FEMA received the first adoption documentation. For this plan, documentation was received on February 4, 2025, and is considered approved as of then. Prior to February 4, 2030, Butte County and all participating jurisdictions must review, revise, and submit their plan to FEMA for approval to maintain eligibility for grant funding. The enclosed plan review tool provides additional recommendations to incorporate into future plan updates.

If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected].

Sincerely,

Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9

KATHRYN J

LIPIECKI
Digitally signed by KATHRYN

J LIPIECKI
Date: 2025.02.14 07:35:32
-08'00'
17 Item 1.

Butte County Hazard Mitigation Plan Approval Notice
February 14, 2025

www.fema.gov
Enclosures (2)
Butte County Plan Review Tool, dated February 4, 2025
Status of Participating Jurisdictions, dated February 14, 2025 cc: Alison Kearns, Planning and Implementation Branch Chief, FEMA Region 9 Robyn Fennig, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
18 Item 1.

Butte County Hazard Mitigation Plan Approval Notice
February 14, 2025

www.fema.gov
Status of Participating Jurisdictions as of February 14, 2025 Jurisdictions – Adopted and Approved
# Jurisdiction Adoption Receipt Date
1 Butte County February 4, 2025
Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 City of Chico
2 City of Biggs
3 Enterprise Rancheria
4 City of Gridley
5 City of Oroville
6 City of Paradise
7 Butte County Fire Safe Council
8 Butte County Resource Conservation District
9 Chico Area Recreation and Park District
10 Durham Irrigation District
11 Lake Madrone Water District
12 North Yuba Water District
13 Paradise Irrigation District
14 Paradise Recreation & Park District
15 Sacramento River Reclamation District
16 South Feather Water and Power Agency
17 Sutter Butte Flood Control Agency
18 Thermalito Water and Sewer District
19 Yankee Hill Fire Safe Council
19 Item 1.

U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607-4052
www.fema.gov
February 14, 2025
Katie Simmons
Deputy Chief Administrative Officer
Butte County Economic & Community Development Office
25 Center Drive, Suite 213
Oroville, CA 95965
Dear Katie Simmons:

The Federal Emergency Management Agency (FEMA) received documentation from the jurisdictions listed below on February 4, 2025, confirming their adoption of the 2024 Butte County Local Hazard Mitigation Plan and FEMA found all requirements, including plan adoption, to be met.

1. City of Chico

2. Enterprise Rancheria

3. City of Oroville

4. Town of Paradise

5. Butte County Fire Safe Council

6. Butte County Resource Conservation District

7. Durham Irrigation District

8. Lake Madrone Water District

9. North Yuba Water District

10. Paradise Irrigation District

11. Paradise Recreation & Park District

12. Sacramento River Reclamation District

13. Yankee Hill Fire Safe Council
These jurisdictions are in conformance with the Code of Federal Regulations, Title 44, Part 201, Section 6 (44 C.F.R. 201.6). A list of the status of participating jurisdictions is enclosed with this letter.

The adoption of this plan ensures these jurisdictions’ continued eligibility for funding under FEMA’s Hazard Mitigation Assistance programs, including the Hazard Mitigation Grant Program (HMGP), the Building Resilient Infrastructure and Communities program (BRIC), and the Flood Mitigation Assistance (FMA) program. All requests for funding are evaluated individually according to eligibility and other program requirements. Approved hazard mitigation plans may also be eligible for points under the National Flood Insurance Program’s Community Rating System (CRS).
20 Item 1.
www.fema.gov
Butte County Hazard Mitigation Plan Additional Jurisdictions Approval Notice February 14, 2025

In addition to meeting the requirements under 44 C.F.R. 201.6, the Lake Madrone Water District and Paradise Irrigation District also met the requirements for addressing dam risks and is eligible for the Rehabilitation of High Hazard Potential Dam (HHPD) Grant Program.

The 2024 Butte County Local Hazard Mitigation Plan is valid for five years from the plan’s approval date, February 4, 2025, for all approved participants. Prior to February 4, 2030, all participating jurisdictions must review, revise, and submit their plan to FEMA for approval to maintain eligibility for grant funding. The enclosed plan review tool provides additional recommendations to incorporate into future plan updates.

If you have any questions regarding the planning or review processes, please contact the FEMA Region 9 Hazard Mitigation Planning Team at [email protected].

Sincerely,
Alison Kearns
Planning and Implementation Branch Chief
Mitigation Division
FEMA Region 9
Enclosures (2)
Butte County Plan Review Tool, dated February 4, 2025
Status of Participating Jurisdictions, dated February 14, 2025 cc: Robyn Fennig, State Hazard Mitigation Officer, California Governor’s Office of Emergency Services
Victoria LaMar-Haas, Hazard Mitigation Planning Chief, California Governor’s Office of Emergency Services
21 Item 1.

Butte County Hazard Mitigation Plan Additional Jurisdictions Approval Notice February 14, 2025

www.fema.gov
Status of Participating Jurisdictions as of February 14, 2025 Jurisdictions – Adopted and Approved
# Jurisdiction Approval Date HHPD*
Requirements
1 Butte County February 4, 2025
2 City of Chico February 4, 2025
3 Enterprise Rancheria February 6, 2025
4 City of Oroville February 4, 2025
5 Town of Paradise February 4, 2025
6 Butte County Fire Safe Council February 4, 2025
7 Butte County Resource Conservation District February 4, 2025 8 Durham Irrigation District February 4, 2025
9 Lake Madrone Water District February 4, 2025 Met
10 North Yuba Water District February 4, 2025
11 Paradise Irrigation District February 4, 2025 Met
12 Paradise Recreation & Park District February 4, 2025 13 Sacramento River Reclamation District February 4, 2025 14 Yankee Hill Fire Safe Council February 4, 2025
*Rehabilitation of High Hazard Potential Dams (HHPD) Grant Program Jurisdictions – Approvable Pending Adoption
# Jurisdiction
1 City of Biggs
2 City of Gridley
3 Chico Area Recreation and Park District
4 South Feather Water and Power Agency
5 Sutter Butte Flood Control Agency
6 Thermalito Water and Sewer District
22 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, ASSISTANT DIRECTOR OF PUBLIC WORKS /

CITY ENGINEER
RE: TITLE VI PROGRAM APPROVAL
DATE: MARCH 18, 2025

SUMMARY
The City Council shall consider the approval of a Title VI Program within the City.

DISCUSSION
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. The implementation of a Title VI Program will ensure compliance with federal regulations, promote equitable access to City services, and enhance public trust by affirming the City’s commitment to non-discrimination.

In accordance with federal law, municipalities that receive federal funding must adhere to Title VI requirements. This includes ensuring that City programs, services, and activities are accessible to all members of the community, regardless of race, color, or national origin.

By implementing a Title VI Program, the City will:

1. Establish a Policy Statement: The City will adopt a clear non-discrimination policy that outlines its commitment to providing equitable services.

2. Assess Program Areas: An assessment will be conducted to identify City programs that are most likely to receive federal funding and where the risk of discrimination may exist. This includes evaluating transportation, housing, and community services.

3. Complaint Process: A system will be put in place to allow residents to file complaints regarding alleged discrimination based on race, color, or national origin.

This process will be accessible, transparent, and responsive.

4. Training and Education: City staff will undergo training on Title VI compliance, including how to identify and address discrimination, and how to ensure the equitable delivery of services.
23 Item 2.

5. Public Outreach and Engagement: A communication plan will be developed to inform residents of their rights under Title VI and how to access City programs and services without discrimination.

6. Monitoring and Reporting: The City will implement a system for monitoring Title VI compliance and reporting on progress annually to the public and relevant federal agencies.

FISCAL IMPACT
There is no immediate fiscal impact anticipated for the implementation of the Title VI Program. The costs associated with developing and administering the program will primarily consist of staff time for training, the creation of outreach materials, and ongoing monitoring activities. It is expected that these expenses will be absorbed within existing departmental budgets.

However, compliance with Title VI may open opportunities for additional federal funding, which could help offset future administrative costs. Furthermore, by ensuring nondiscrimination and access to services, the City will be better positioned to avoid potential legal and financial risks associated with non-compliance.

ACTION REQUESTED -
Staff is requesting that the City Council approve the implementation of the Title VI Program.

ATTACHMENTS

1. Title VI Implementation Plan
24 Item 2.

CITY OF OROVILLE

TITLE VI IMPLEMENTATION PLAN
Adopted: _____________
25 Item 2.

Title VI Implementation Plan
City of Oroville
March 2025
Table of Contents
Non-Discrimination Policy Statement...................................................................................... 3 Non-Discriminatory Legislation .............................................................................................. 4 Roles and Responsibilities ...................................................................................................... 5 Title VI Coordinator ...................................................................................................... 5 Assistant Title VI Coordinator ........................................................................................ 5 Title VI Organization Chart ............................................................................................ 6 Complaint Procedure ............................................................................................................. 7 Title VI Outreach and Resources ............................................................................................ 9 Limited English Proficiency ........................................................................................... 9 Title VI Information Dissemination ................................................................................. 9 Environmental Impacts ................................................................................................ 10 Data Collection and Analysis ................................................................................................ 10 Title VI Compliance for Federally-Funded Projects.............................................................. 10 Training............................................................................................................................... 11 Annual Work Plan................................................................................................................ 11 26 Item 2.

Non-Discrimination Policy Statement
The City of Oroville Public Works Department is fully committed to upholding the principles of Title VI of the Civil Rights Act of 1964 and other relevant anti-discrimination laws. This commitment ensures that no individual shall be excluded from participating in or denied the benefits of any program or activity conducted by the City of Oroville Public Works Department based on race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other protected status under federal or state law.

Moreover, the City affirms that no individual shall face discrimination in any program or activity carried out by the Public Works Department on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by applicable laws.

Compliance with Title VI is a condition for receiving federal funding. The Title VI Coordinator has been designated with the authority to ensure adherence to this policy, as well as to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, and associated regulations, including 23 CFR pt. 200 and 49 CFR pt. 21.

Alyssa Stutz, P.E. Date
Assistant Director of Public Works
City of Oroville
27 Item 2.

Title VI Implementation Plan
City of Oroville
March 2025
Non-Discriminatory Legislation
Title VI of the Civil Rights Act of 1964 – Ensures that no individual in the U.S. shall be excluded from participating in or denied the benefits of any program or activity receiving federal financial assistance due to their race, color, or national origin. This protection is enforced through regulations in 23 CFR 200.9 and 49 CFR 21.

Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) – Prohibits discrimination based on sex by recipients and sub-recipients of federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 – Bars discrimination against individuals with disabilities by any recipients or sub-recipients of federal funds.

The Age Discrimination Act of 1975 (Sections 6101-6107, Title 42 U.S.C.) – Protects individuals from discrimination based on age by recipients and sub-recipients of federal financial assistance.

The Civil Rights Restoration Act of 1987 (Public Law 100-209) – Clarifies Congress' original intent in enacting Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. This law ensures that the non-discrimination provisions apply to all programs and activities of federal-aid recipients, sub-recipients, contractors, and vendors, regardless of whether the programs are federally funded.

Executive Order 12898 (issued February 11, 1994) – Focuses on Environmental Justice for minority and low-income populations. It requires agencies to develop strategies that address the disproportionate and harmful human health or environmental impacts their programs may have on these communities. This order promotes non-discrimination in federal programs impacting health and the environment, and ensures that minority and low-income communities have access to public information and the opportunity to participate in decisions affecting their health and environment.

Executive Order 13166 (issued August 16, 2000) – Aims to improve access to services for individuals with limited English proficiency (LEP). Agencies are required to assess the services they provide and implement systems to ensure LEP individuals can access these services meaningfully, without compromising the agency’s core mission. The order mandates that recipients of federal financial assistance provide LEP individuals with free access to programs, services, and information.
28 Item 2.

Roles and Responsibilities
Title VI Coordinator
• Program Oversight & Compliance: Ensures the City's Title VI program is fully compliant with the Federal Highway Administration (FHWA), California Department of Transportation (Caltrans), and all other applicable jurisdictions.
• Communication: Maintains open lines with the City Manager, City Council, and other city leadership to ensure smooth Title VI program implementation and timely compliance. • Training & Reporting: Directs staff to coordinate and attend Title VI training, prepares required reports, and distributes Title VI information to the public. Also manages the Title VI complaint process.
• Plan & Reporting: Prepares and coordinates the Title VI Plan and Annual Report submissions. • Data Collection & Analysis: Develops procedures for collecting and analyzing statistical data on participants and beneficiaries of federally funded projects. • Complaint Management: Develops and manages the complaint procedures, ensuring all staff are trained in the complaint reporting process.

Assistant Title VI Coordinator
• Deputizing & Program Support: Takes on the responsibilities of the Title VI Coordinator when they are unavailable and supports the overall program's implementation. • Program Compliance: Works closely with the Title VI Coordinator to ensure that program compliance is met, particularly in relation to staff activities and training. • Training & Procedure Enforcement: Ensures staff attendance at Title VI trainings and that they follow Title VI procedures when interacting with the public, contractors, and consultants. • Contractual Oversight: Ensures that Title VI Assurances are incorporated into all Federal-aid contracts and agreements.
• Outreach & Engagement: Assists in the development and implementation of outreach strategies to ensure participation from all groups, analyzing effectiveness to avoid group exclusion.
• Liaison Duties: Works with contractors, public stakeholders, and other relevant parties to maintain Title VI protections. Reports any complaints using the established procedure. 29 Item 2.

Title VI Implementation Plan
City of Oroville
March 2025
Title VI Organization Chart
Director of Public
Works
Title VI Coordinator
Assistant Director of Public
Works / City Engineer
Assistant Title VI Coordinator
30 Item 2.

Complaint Procedure
The City of Oroville Public Works Department is dedicated to ensuring that no individual is excluded from participation in or denied the benefits of any program or activity due to discrimination based on race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other characteristic protected under state or federal law. The City is committed to enforcing the provisions of Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes.

Filing a Complaint
If you believe that you have been discriminated against by the City of Oroville Public Works Department, its contractors, consultants, or any other entity acting on behalf of the Department based on any protected category, you may file a Title VI complaint. To file a complaint, please complete the Title VI Complaint Form (Appendix B), available in the City Hall lobby and online at www.cityoforoville.org/TitleVI.

Complaints must be filed within 180 days from the date of the alleged discrimination. To be considered complete, the complaint must include the following information:
• Your full contact information
• The date(s) of the alleged discrimination
• A detailed description of the alleged discriminatory act(s) • Your signature
Complaint Processing
Upon receipt of the completed complaint form, the Title VI Coordinator will review and log the complaint into the City’s Title VI Complaint Log. The Title VI Coordinator will then:

1. Acknowledge receipt of the complaint within 5 business days.

2. Begin an internal investigation into the matter and request any necessary information.

3. Notify the complainant of the investigation's findings within 10 business days.

If the complaint involves a federally funded program or contractor, the Title VI Coordinator will forward the complaint to the appropriate state or federal agency, such as Caltrans or the Federal Highway Administration (FHWA), for further processing.

Complaints Involving Federal or State Agencies
If the complaint involves the California Department of Transportation (Caltrans) or the Federal Highway Administration (FHWA), it may be forwarded to them for investigation. In these cases:
• The Title VI Specialist will forward the complaint to Caltrans within one business day of receiving it.
• If necessary, Caltrans or FHWA will take over the investigation process, which may include reaching out to the complainant for additional information. 31 Item 2.

Title VI Implementation Plan
City of Oroville
March 2025
Investigation Process by Caltrans or FHWA
• Caltrans or FHWA will initiate an investigation within 90 days from the complaint's receipt. • If more information is needed to proceed with the investigation, the agency will contact the complainant and request the required details. The complainant will have 10 business days to provide the requested information.
• If no response is received within the given time, or if the complainant decides not to pursue the matter, the case may be administratively closed.

Once the investigation is completed, Caltrans or FHWA will determine if there has been a violation of Title VI and will notify all parties involved of the findings. The agency may attempt an informal resolution or issue a formal Letter of Finding.

Filing with Federal or State Agencies
• Federal Highway Administration (FHWA)
U.S. Department of Transportation
Office of Civil Rights
1200 New Jersey Avenue, SE, 8th Floor E81-104
Washington, DC 20590
www.fhwa.dot.gov
• California Department of Transportation (Caltrans)
Office of Civil Rights
Title VI Program Branch
1823 14th Street, MS 79
Sacramento, CA 95811
Email: [email protected]
Simultaneous Complaints with State or Federal Agencies
If a complaint is filed with the City of Oroville and with a state or federal agency at the same time, the state or federal complaint will take precedence. In such cases, the City’s Title VI complaint process will be suspended until the state or federal agency issues its findings. 32 Item 2.

Title VI Outreach and Resources
Table 1: Languages Spoken in City of Oroville
Language Spoken
Language
Spoken
Language
Spoken (%)
Portion of
Group that
Speaks English
Very Well
Portion of Group
That Does Not
Speak English
Very Well
English Only 15,065 82.1% 15,065 (100%) 0 (0%)
Spanish 1,549 8.4% 977 (63.1%) 572 (36.9%)
Other Indo-European Languages 212 1.2% 133 (62.7%) 79 (37.3%) Asian and Pacific Island
Languages 1,427 7.8% 576 (40.4%) 851 (59.6%)
Other Languages 88 0.5% 58 (65.9%) 30 (34.1%)
Total Population Above 5 Years 18,341 100% 16,809 (91.6%) 1,532 (8.4%) Source: US Census: American Community Survey 2019-2023 5-Year Estimate https://data.census.gov/table/ACSST5Y2023.S1601?q=languages+spoken+in+Oroville,+CA Limited English Proficiency
A Limited English Proficiency (LEP) person is someone whose primary language is not English and who has difficulty reading, writing, or understanding English. Under Executive Order 13166, agencies that receive federal funding are required to assess their federally-funded services and develop processes to ensure that LEP individuals can access those services effectively. This executive order also mandates that such agencies create guidance to ensure meaningful access for LEP persons, prepare plans to address language barriers, and provide opportunities for stakeholders to give input.

As indicated in Table 1 above, 8.4% of the population in the City of Oroville is considered LEP.

The majority of these individuals speak Asian and Pacific Island languages (7.8%) and Spanish (8.4%). To address this, the City will be conducting an LEP Needs Assessment, as detailed in the City’s LEP Plan (Appendix A). The assessment will utilize a Four-Factor Analysis to identify the needs of the LEP community and ensure compliance with Executive Order 13166 by improving access to services.

Title VI Information Dissemination
In order to ensure that Title VI and related Civil Rights information is readily available to the public, the City will develop public notices consisting of posters, flyers, and complaint forms that are available in English, Spanish, and Hmong. The languages selected for the informational materials were based upon language data provided from the US Census; see Table 1 above. Said flyers and posters will be placed in the City Hall lobby, in a highly visible and accessible location.

The public notices will also be available for viewing on the City’s website, at www.cityoforoville.org/TitleVI.
33 Item 2.

Title VI Implementation Plan
City of Oroville
March 2025
Environmental Impacts
In compliance with Executive Order 12898, Federal Actions to Address Environmental Justice in Minority and Low-Income Populations, City Staff will proactively identify and address the environmental impacts of federally funded projects on minority and low-income communities.

Staff will incorporate demographic data into the project design process and actively engage the public to ensure their input is considered in planning and development. This collaborative approach will help assess potential environmental effects on these communities and guide the creation of mitigation strategies to minimize any adverse impacts.

Data Collection and Analysis
City staff will rely on authoritative government sources to collect and utilize demographic and related data, ensuring consistency and accuracy. These sources include, but are not limited to, the U.S. Bureau of Labor Statistics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, and the California Employment Development Department.

In addition, staff may gather project-specific demographic data through targeted public outreach efforts for state and federally funded projects. Outreach methods may include door hangers, posters, emails, social media posts, press releases to local newspapers, public meetings, virtual forums, and online comments through dedicated project websites. These avenues will provide opportunities to collect valuable demographic data directly from the community.

Title VI Compliance for Federally-Funded Projects
The City’s Title VI Coordinator will ensure that all Federally-funded project documents include the required Title VI Assurances and relevant language. These assurances may include, but are not limited to:
• FHWA Form 1273 (Title VI and other non-discriminatory requirements) o Required for all FHWA contracts and subcontracts valued over $10,000. • Title VI Assurances, Appendices A-E
o Appendices A-E must be attached to Federal-Aid contracts.

Additionally, City staff will incorporate the provisions outlined in the Administering AgencyState Agreement for Federal-Aid Projects Master Agreement within the Local Assistance Program Manual (LAPM) into contracts and agreements between the City and contractors, where applicable.

The City will continue to use the Local Agency Construction Contract Administration Checklist (Exhibit 15-A of the LAPM) to ensure that Disadvantaged Business Enterprise (DBE), labor, and Equal Employment Opportunity (EEO) compliance requirements are met and documented in project files. Exhibit 15-A confirms that these requirements are fulfilled prior to awarding a 34 Item 2.

construction contract.

Furthermore, the City will utilize the Resident Engineer’s Construction Contract Administration Checklist (Exhibit 15-B of the LAPM) for federal-aid projects. This checklist helps administer federal-aid highway construction projects and ensures proper posting of EEO/Wage Rate/False Statements posters, employee interviews in line with the Labor Compliance/EEO interview form, and fulfillment of DBE requirements. City staff will submit Exhibit 15-B, along with the Award Package, shortly after the construction contract is awarded.

Training
The City of Oroville Public Works Department is committed to providing ongoing Title VI and related statute training to Public Works managers, supervisors, and staff who frequently interact with the public in the administration of federal-aid programs. These training sessions will be held at least biennially and within six months of hiring any new employees. The training will be facilitated by the Title VI Coordinator or Human Resources Department and may be delivered through online presentations or through training opportunities provided by Caltrans. In addition, the City will maintain links to Title VI and related statute resources from Caltrans, FHWA, and other relevant agencies on the City’s website at www.cityoforoville.org/TitleVI.

The training will cover, at a minimum, the following topics:
• Overview of the City of Oroville’s Title VI Implementation Plan and other pertinent documents • Availability of language assistance services
• Procedures for addressing potential complaints
• Guidance on where to seek assistance for Title VI-related inquiries and concerns Annual Work Plan
The City of Oroville Public Works Department will develop and monitor an annual work plan to establish program goals and track progress. The Title VI Coordinator will oversee the following key activities: ensuring employee training is completed, maintaining access to language translation services, promoting effective public participation, and ensuring proper Title VI signage is displayed. Additionally, the Title VI Coordinator will update community demographics, maintain communication with relevant state and federal agencies, and address any other Title VI-related requirements as needed.
35 Item 2.

Appendix A

LIMITED ENGLISH PROFICIENCY (LEP) PLAN
Executive Order 13166 requires Federal agencies to ensure that recipients of Federal financial assistance provide meaningful access to services for Limited English Proficiency (LEP) individuals. As a result, local agencies must ensure that federally-funded programs and activities, which are typically offered in English, are accessible to LEP individuals.

To comply with this requirement, each local agency must conduct an annual assessment to determine whether modifications are necessary to ensure meaningful access for LEP individuals. This assessment, known as the “Four-Factor” analysis, is based on the following key elements:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered.

2. The frequency of LEP contacts.

3. The nature and importance of the programs, services, or activities provided by the City of Oroville.

4. The resources available to serve LEP persons.

Demographics and LEP Population in Oroville
The City of Oroville, located approximately 70 miles north of Sacramento, has an estimated population of 20,000 (Decennial Census). Among this population, 8.4% speak Spanish, while 7.8% speak Asian and Pacific Island languages. Given the significant Hmong population in Oroville, it is likely that the predominant language in the "Asian and Pacific Island languages" category is Hmong.

Four-Factor Analysis
The number or proportion of LEP persons eligible to be served or likely to be encountered:

According to the latest census data, Oroville has a population of approximately 18,341 residents over the age of 5, of which 1,532 (8.4%) are identified as LEP individuals. Among these LEP persons, the majority speak Asian and Pacific Island Languages (851 or 4.6% of the total population with Hmong likely being the dominant language due to the large Hmong community) and Spanish (572 or 3.1% of the population).

The remaining 109 (0.6%) individuals speak Other Indo-European languages or other languages. 36 Item 2.

Table 1: Languages Spoken in City of Oroville’s Residents Language Spoken
Language
Spoken
Language
Spoken (%)
Portion of
Group that
Speaks English
Very Well
Portion of Group
That Does Not
Speak English
Very Well
English Only 15,065 82.1% 15,065 (100%) 0 (0%)
Spanish 1,549 8.4% 977 (63.1%) 572 (36.9%)
Other Indo-European Languages 212 1.2% 133 (62.7%) 79 (37.3%) Asian and Pacific Island
Languages 1,427 7.8% 576 (40.4%) 851 (59.6%)
Other Languages 88 0.5% 58 (65.9%) 30 (34.1%)
Total Population Above 5 Years 18,341 100% 16,809 (91.6%) 1,532 (8.4%) Source: US Census: American Community Survey 2019-2023 5-Year Estimate https://data.census.gov/table/ACSST5Y2023.S1601?q=languages+spoken+in+Oroville,+CA

1. Frequency of Contact with LEP Persons.

Currently, no formal data has been collected regarding the frequency of contact with LEP individuals at the City. Most interactions with LEP persons occur at the front desk of the City, where residents come for various purposes such as permits, plan reviews, general inquiries, and payments. Based on observations from front-counter staff, the frequency of Spanish-to-English translation is approximately once per week.

In contrast, translation requests from Hmong to English are very rare.

The City’s Human Resources Department maintains a list of staff members certified as translators for various languages. If staff fluent in Spanish or Hmong are unavailable, City staff will either contact a certified translator or use online translation services.

While Public Works staff does not typically receive translation requests related to federally funded programs or projects, the outreach components of such programs usually provide multilingual resources. If translation services are required, the City is committed to providing these services in a timely manner.

2. The Nature and Importance of Programs, Services, or Activities Provided Based on observations from Public Works staff, requests for translation services related to federally-funded programs, services, or activities are rare. As mentioned earlier, the front counter staff are most likely to encounter LEP individuals who request or require translation assistance.

Although Public Works staff has received very few translation requests for federally-funded projects, programs, or services, they recognize that approximately 10 percent of Oroville's residents are LEP. This suggests that LEP individuals are likely to be stakeholders in any of these programs, services, or projects.

In instances where translation services have been needed, staff have provided the necessary services promptly and effectively.
37 Item 2.

3. Current LEP Resources and Action Plan.

After evaluating the City’s current resources available to Limited English Proficiency (LEP) persons, the City has identified gaps and inconsistencies in these resources. The City is committed to addressing these deficiencies through the action plan outlined below.

Action Plan
To ensure compliance with Title VI and Executive Order 13166, the City will make the following publications and services available for LEP individuals:
• Non-Discrimination Policy Statement: The statement will be available in English, Spanish, and Hmong. It will be displayed in the City Hall lobby for easy public access. • Title VI Rights Poster: Posters will be printed in English, Spanish, and Hmong. These posters will be posted in a highly visible location in the City Hall lobby, with additional copies available for public review and distribution.
• Title VI Complaint Form: Complaint forms will be available in English, Spanish, and Hmong, and will be placed in a visible location in the City Hall lobby. • Title VI Webpage on City’s Website: All Title VI resources will be accessible on the City’s website at www.cityoforoville.org/TitleVI.
• Future Planning and Projects: Public Works will ensure that all federally-funded projects and planning documents follow Title VI-compliant outreach methods and related non-discrimination assurances. Outreach materials will be provided in English, Spanish, and Hmong, and translators will be available for any LEP persons who wish to participate or contribute.

Additionally, the Title VI Coordinator will request an updated list of certified translators from the Human Resources Department every six months and will distribute this list to relevant staff. This will ensure prompt access to a translator when needed.

To maintain continuous compliance, the City will regularly review the Title VI Implementation Plan and the Limited English Proficiency Plan, at a minimum when new data from the U.S. Census becomes available. Furthermore, the City will update the plans and resources promptly as new regulations are issued. 38 Item 2.

Race Sex Religion
Color Age Sexual Orientation
National Origin Disability Gender Identity
Other (Please Describe):

Appendix B

TITLE VI COMPLAINT FORM
Title VI of the 1964 Civil Rights Act ensures that no one in the United States will be excluded from participating in, denied benefits from, or treated unfairly in any program or activity that receives federal funding, based on their race, color, or national origin.

If you believe you have experienced discrimination and would like to submit a Title VI complaint to the City of Oroville Public Works Department, please fill out the form below and send it to:

City of Oroville Public Works
1735 Montgomery Street
Oroville, CA 95965
(530) 538-2401
[email protected]
Name:

Address:

City: State: Zip Code:

Cell: Home:

Name, title, and description of person(s) who allegedly discriminated against you:

Check the box(es) for the type(s) of discrimination that was experienced:

Date(s) that alleged event(s) took place:

Location(s) where the alleged event(s) took place:
39 Item 2.

Is the alleged discrimination still ongoing?:

In your own words, please describe the alleged discrimination, explain what happened, and who you believe is responsible:

Please list any person(s) we may contact for additional information to provide further information for your complaint:

Have you filed this complaint with any other federal agency, state agency, federal court, or state court?:

If yes, please check all that apply:

Federal Agency Federal Court
State Agency State Court
Please provide the name, phone number, and email of the contact persons at the agency/court where the complaint was filed, below:

Please sign and date this form on the lines provided below. If any additional space is needed to provide information about this complaint, please attach the additional information to this form.

Signature: Date:
40 Item 2.

Appendix D
US DOT Title VI Assurances A-E

APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, age, sex, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitation for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, national origin, age, sex, or disability.

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

5. Sanctions for Noncompliance: In the event of a contractor’s noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

1. withholding payments to the contractor under the contract until the contractor complies; and/or

2. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.
41 Item 2.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the California Department of Transportation will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the California Department of Transportation all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the California Department of Transportation and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the California Department of Transportation, its successors and assigns.

The California Department of Transportation, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the California Department of Transportation will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-discrimination conditions, the Department will have a right to enter or reenter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
42 Item 2.

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY,

FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision ofsimilarservices or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the California Department of Transportation will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns.*
(*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
43 Item 2.

APPENDIX D
CLAUSES FOR CONSTRUCTION/USE.ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY,

FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the California Department of Transportation pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination,
(3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Nondiscrimination covenants, the California Department of Transportation will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Nondiscrimination covenants, the California Department of Transportation will there upon revert to and vest in and become the absolute property of the California Department of Transportation and its assigns. (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
44 Item 2.

APPENDIX E
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees to comply with the following non-discrimination statutes and authorities, including, but not limited to: Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex; • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients,sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful accessto your programs(70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 45 Item 2.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: HOUSING SUCCESSOR AGENCY ANNUAL REPORT
DATE: MARCH 18,2025

SUMMARY
Receive and file the Housing Successor Agency Annual Report for Fiscal Year 2023-24.

DISCUSSION
The City of Oroville (“City”) is the Housing Successor Agency to the former Oroville Redevelopment Agency (“Housing Successor”). Health and Safety Code (“HSC”) Section 34176.1 (enacted by Senate Bill 341 and related legislation) requires the Housing Successor to prepare an annual report documenting compliance with expenditure proportionality and other requirements pertaining to its Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). The report is due to the California Department of Housing and Community Development (“HCD”) by April 1st annually. The report also must be presented to City Council and posted on the City’s website.

Housing Successor staff and consultants have prepared a Housing Successor Agency Annual Report for the Fiscal Year (“FY”) ending June 30, 2024. This report is being presented to City Council to receive and file and will be submitted to HCD.

The following sections summarize the Housing Successor’s finances and compliance with various requirements.

HOUSING SUCCESSOR AGENCY ANNUAL REPORT SUMMARY
Low- and Moderate-Income Housing Asset Fund
The Housing Asset Fund includes all the assets that were transferred from the Oroville Redevelopment Agency (“Agency”) to the Housing Successor upon dissolution of the former Agency. The assets included:
 Real properties,
 Personal property
46 Item 3.

 Low- and Moderate-Income Housing Fund encumbrances
 Loan/grants receivable, and
 Rents/operations (deferrals).

As of June 30, 2024, the Housing Asset Fund had a cash balance of $3,003,800 and a total portfolio value of $7,239,586. Most of the asset value is from loans receivable that are due to the Housing Successor.

The Housing Successor deposited $2,576,561 in revenues throughout FY 2023-24, which includes interest income, leases, loan payments, and miscellaneous revenues. For FY 2023- 24, the expenditures were primarily administrative costs equating to $95,891 in total funds used.

Property Disposition
Upon the dissolution of redevelopment, the former Agency transferred 19 real properties and associated rental income to the Housing Successor. Since dissolution, 6 additional real properties were taken back by the Housing Successor because the loans defaulted and resulted in foreclosure.

Outstanding Inclusionary and Replacement Housing Obligations At the time of its dissolution, the former Agency met its inclusionary and replacement housing requirements. Therefore, the Housing Successor is no longer subject to obligations related to inclusionary housing or replacement housing.

Income & Age Proportionality
If housing successors expend money on projects, State law requires at least 30% to be spent on extremely low-income rental housing in a five-year period, among other restrictions.

Additionally, State law also sets a 20% maximum on assisting 60-80% AMI units. State law also sets a limit of 50% on the portion of publicly assisted deed-restricted rental housing that may be restricted to seniors. During FY 2023-24, the Housing Successor had expenditures in the amount of $100,000 for a permanent supportive housing project for extremely low-income households. As a result, this complies with the five-year income proportionality targets requirements.

Excess Surplus
Senate Bill 341 reinstated a requirement to prevent housing successors from accumulating an excess surplus, which is generally defined as unencumbered cash that exceeds the greater of $1 million or the aggregate amount deposited into the Housing Asset Fund in the preceding four years.

For FY 23-24, the Housing Asset Fund had a beginning cash balance of $2,748,335. The sum of deposits in the prior four years is $2,960,684. The amounts reported did not accumulate an excess surplus during FY 2023-24.
47 Item 3.

Homeownership Unit Inventory
State law requires the annual report to contain an inventory of any homeownership units assisted by the Housing Successor that require restrictions, covenants, or an adopted program that protects Housing Asset Fund monies. The Housing Successor oversees 124 homeownership units with affordability restrictions.

FISCAL IMPACT
These are informational items with no fiscal impact.

RECOMMENDATION
Receive and file the Housing Successor Agency Annual Report for fiscal year ending June 30, 2024.

ATTACHMENTS
Attachment 1: Housing Successor Agency Annual Report for Fiscal Year 2023-24. 48 Item 3.

HOUSING SUCCESSOR ANNUAL REPORT
City of Oroville Housing Successor
Fiscal Year 2023-24
49 Item 3.

Oroville Housing Successor Annual Report 2023-24

TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................... 1 Housing Successor .................................................................................................................................................1 Scope of This Housing Successor Annual Report..................................................................................................1 Assets Transferred to the Housing Successor .......................................................................................................1 BACKGROUND................................................................................................................................. 2 Legal Requirements About Housing Successors ...................................................................................................2 Permitted Uses of Housing Asset Funds ................................................................................................................3 Limits on the Accumulation of Housing Funds (Excess Surplus) ...........................................................................5 HOUSING ASSET FUND ACTIVITY................................................................................................... 6 Deposits and Fund Balance....................................................................................................................................6 Expenditures ...........................................................................................................................................................6 Ending Cash and Fund Balance .............................................................................................................................6 Housing Successor Portfolio...................................................................................................................................7 Real Property and Disposition Status .....................................................................................................................7 COMPLIANCE WITH EXPENDITURES & PRODUCTION LIMITS ....................................................... 8 Proportionality Requirements..................................................................................................................................9 Senior Rental Housing Limit Compliance ............................................................................................................ 10 Excess Surplus .................................................................................................................................................... 11 OTHER INFORMATION ................................................................................................................... 12 Transfers to Other Housing Successors .............................................................................................................. 12 Homeownership Unit Inventory............................................................................................................................ 12 APPENDIX 1 – HOUSING ASSET TRANSFER FORM ...................................................................... 13 APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT REQUIREMENTS................................. 14 APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE REQUIREMENTS ..................................... 15 APPENDIX 4 – HOMEOWNERSHIP UNIT INVENTORY.................................................................... 17 50 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 1

INTRODUCTION
This Housing Successor Agency Annual Report (“Annual Report”) presents information on Fiscal Year (“FY”) 2023-24 expenditures and activities as required by Health and Safety Code (“HSC”) Section 34176.1(f), including but not limited to a housing successor’s compliance with certain expenditure activities over the year as well as a five- and ten-year planning period.

HOUSING SUCCESSOR
The City of Oroville (“City”) is the Housing Successor Agency (“Housing Successor”) to the former Oroville Redevelopment Agency (“Agency”), which was dissolved with all other agencies statewide by the Legislature in 2012. At the time of dissolution, a housing successor was to be selected for the transfer of, and to be responsible for, the remaining assets and liabilities of a former redevelopment agency. The Housing Successor is responsible for maintaining housing assets transferred from the former Agency.

Its main goal is to provide affordable housing for City residents.

SCOPE OF THIS HOUSING SUCCESSOR ANNUAL REPORT
This Annual Report is limited to the City’s activities as it relates to its role as a housing successor. This may include, but is not limited to, financial activities, property disposition, loan administration, monitoring of covenants, and affordable housing development. This Annual Report describes compliance with various annual, five-year, and ten-year housing expenditure and production requirements. FY 2023-24 is the fifth year of the current five-year compliance period for income proportionality, which began July 1, 2019, and ended June 30, 2024.

This Annual Report is due to the State of California (“State”) Department of Housing and Community Development (“HCD”) by April 1 annually and must be accompanied by an independent financial audit.

The City’s audited financial statements will be posted on the City's website when available. This report is an addendum to the Housing Element Annual Progress Report required by Government Code Section 65400, which is submitted to HCD by April 1 annually.

ASSETS TRANSFERRED TO THE HOUSING SUCCESSOR
Upon the statewide dissolution of redevelopment in 2012, all rights, powers, committed assets, liabilities, duties, and obligations associated with the housing activities of the Agency were transferred to the Housing Successor. The Housing Successor prepared a Housing Asset Transfer (“HAT”) form that 51 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 2
provided an inventory of all housing assets transferred from the Agency to the Housing Successor. This included:

1. Real properties;

2. Personal property;

3. Low- and Moderate-Income Housing Fund (“LMIHF”) encumbrances;

4. Loans/Grants receivables; and

5. Deferrals.

All items on the HAT were approved by the California Department of Finance (“DOF”) on September 5, 2012.

It is important to distinguish that Housing Successor assets that were not transferred from the former Agency or generated by or purchased with assets from the former Agency are not subject to HSC Section 34176.1. A copy of the HAT is provided in Appendix 1.

BACKGROUND
This section summarizes the legal requirements for use of housing successor assets that are addressed in this Annual Report.

LEGAL REQUIREMENTS ABOUT HOUSING SUCCESSORS
In general, housing successors must comply with three major requirements pursuant to HSC Section 34176.1:

1. Expenditures and housing production are subject to income and age targets.

2. Housing successors may not accumulate an “excess surplus,” or a high unencumbered Housing Asset Fund balance based on certain thresholds.

3. Properties must be developed with affordable housing or sold within five to ten years of the DOF approving the HAT.
52 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 3
Appendix 2 provides a detailed summary of the reporting requirements that are addressed in this Annual Report.

PERMITTED USES OF HOUSING ASSET FUNDS
Under HSC Section 34176.1, former Agency assets and the revenues generated by those assets, are maintained in a Low- and Moderate-Income Housing Asset Fund (“Housing Asset Fund”). 1 The Housing
Asset fund replaced the former Agency’s Low- and Moderate-Income Housing Fund. Housing Asset Funds may be spent on:
 Administrative costs for the operation of the housing successor agency. The law allows a housing successor to spend the greater of:
o $200,000 per year adjusted annually for inflation, or o 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.

The $200,000 per year adjusted for inflation in FY 2023-24 is $263,100 according to HCD. The Housing Successor’s FY 2023-24 Portfolio value was $7,239,586, of which five percent is $361,979. The FY 2023-24 administrative cost limit is the higher figure of $361,979.  Homeless prevention and rapid rehousing services up to $250,000 per year if the former redevelopment agency did not have any outstanding inclusionary housing or replacement housing production requirements as of 2012. The City is eligible for this expense because the former Agency had met its inclusionary housing and replacement housing production requirements upon dissolution.
 Affordable housing development assists households up to 80 percent of the Area Median Income (“AMI”), subject to specific income and age targets over a five-year period.

1 The Housing Asset Fund replaced the former Agency’s Low- and Moderate-Income Housing Fund. 53 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 4
Five-Year Income Proportionality on Development Expenditures: Any Housing Asset Funds may be spent on the development of affordable housing projects affordable to low, very low, and extremely low-income households. “Development” is defined as “new construction”, acquisition and rehabilitation, substantial rehabilitation as defined in HSC Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in HSC Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years.” Over each five-year compliance period, the current one beginning July 1, 2019, at least 30 percent of such development expenditures must assist extremely low-income households (30% of AMI), while no more than 20 percent may assist low-income households (between 60-80% of AMI).

The balance of the funds may be used on very low-income households (defined as households earning between 30% and 60% of AMI).

The Housing Successor was in compliance during the first five-year compliance period which was from January 1, 2014, through June 30, 2019. The second, and current, five-year compliance period is from July 1, 2019, to June 30, 2024.

Note that housing successors must report expenditures by category each year, but compliance with income proportionality limits is measured every five years. For example, a housing successor could spend all its funds in a single year on households earning between 60-80% of AMI, if it was 20 percent or less of the total expenditures during the five-year compliance period.

Should a housing successor not spend at least 30% of its development expenditures on extremely low-income households, or exceeds the amount spent on low-income households, future expenditures are subject to greater restriction until these proportionality targets are met.

Specifically, if a housing successor is unable to spend at least 30% of its development expenditures on extremely low units, it is required to increase this spending to 50% until compliant with the 30% threshold; a housing successor that spends more than 20% of its development expenditures on low-income units cannot spend any further funds on low-income developments until it is at or below the 20% threshold.

As such, tracking these expenditures and their progress over the corresponding five-year period is an important function of this Annual Report.
54 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 5
Ten-Year Age Proportionality on Units Assisted: If more than 50% of the total aggregate number of rental units produced by the city, housing successor, or former redevelopment agency during the past 10 years are restricted to seniors, the housing successor may not spend more Housing Asset Funds on senior rental housing.

It is important to stress that Housing Successor expenditure and production requirements are measured on different timeframes:
 One-Year Limits: Administrative Allowance and Homeless Prevention Allowance. Compliance is evaluated annually and resets every year.
 Five-Year Limit: Expenditures by Income Level. Compliance is evaluated over a fixed five-year period set by law, the current period being July 1, 2019, to June 30, 2024.  Ten-Year Limit: Number of Senior Deed-Restricted Units Assisted. Compliance is evaluated based on a rolling ten-year period that is different every year, the current period being July 1, 2019 to June 30, 2030.

Appendix 3 describes Housing Asset Fund expenditure requirements in more detail, including the types of costs eligible in each category.

LIMITS ON THE ACCUMULATION OF HOUSING FUNDS (EXCESS

SURPLUS)
State law limits how much cash a housing successor may retain and, if it fails to commit and spend these dollars in a reasonable timeframe, ultimately penalizes the housing successor by requiring unspent funds to be transferred to HCD for use on State housing programs.

HSC Section 34176.1(d) establishes a limit, known as an “excess surplus” on the amount of unencumbered Housing Asset Funds based on the greater of the following:
 $1,000,000, or
 The total amount of deposits made into the Housing Asset Fund over the preceding four years.

Only amounts more than this threshold are considered an excess surplus. Once an excess surplus is determined, a housing successor must account for these funds separately and encumber said monies within three years. If after the third year, the excess surplus has not been fully encumbered, the remaining 55 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 6
balance of the excess surplus is to be transferred to HCD within 90 days. HCD is permitted to use these transferred excess surplus funds anywhere in the State under its Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program.

As part of the Annual Report, a housing successor must disclose any excess surplus and describe the housing successor’s plan for eliminating this excess surplus.

HOUSING ASSET FUND ACTIVITY
This section summarizes the Housing Asset Fund activities of the Housing Successor for FY 2023-24.

DEPOSITS AND FUND BALANCE
The Housing Successor deposited $2,576,561 into the Housing Asset Fund during FY 2023-24 from a variety of sources as shown in Table 1 below.

EXPENDITURES
The Housing Successor expended $95,891 in FY 2023-24, all on administrative costs. Significant expenses were salaries, health insurance, and outside services.

ENDING CASH AND FUND BALANCE
The Housing Asset Fund balance as of June 30, 2024, was $3,003,800, as summarized in Table 2 below.

Balance Type Amount
Interest Revenue $ 98,431
Loan Fund Interest 42,628
Fed Grants 138,965
Other Fees -
Interfund Transfers 2,047,267
Refund and Reimbursements 72,215
Misc. Revenue 27,046
Loan Principal Payments 150,009
Lease to Own Payments -
Total $ 2,576,561
Source: City of Oroville, Fund 221 Revenue Report (06/30/24) Table 1: Housing Asset Fund Deposits, FY 2023-24
56 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 7

HOUSING SUCCESSOR PORTFOLIO
The Housing Successor Portfolio includes 9 properties and 42 loans receivable transferred from the former Agency. The Portfolio had a value of $7,239,586 as of FY 2023-24, as detailed in Table 3 below.

REAL PROPERTY AND DISPOSITION STATUS
The Agency originally transferred 19 real properties to the City on the HAT form. Since then, an additional 6 real properties were taken back by the Housing Successor because the loans defaulted and resulted in foreclosure. Table 4 below describes each property and its current development or disposition status.

Balance Type Amount
Cash $ 3,104,786
Accounts Receivable -
Interest Receivable 20,106
Loans Receivable 6,852,772
Real Property Inventory 386,814
Accounts Payable (121,093.06)
Unearned Revenue (6,852,771.76)
Unearned Real Property Inventory (386,814.05)
Lease 15% Housing -
Ending Balance $ 3,003,800
Source: City of Oroville Fund 221 Balance Sheet (06/30/24) Table 2: Housing Asset Fund - Ending Balance as of June 30, 2024 Asset Amount
Real Properties
Value of Real Properties 386,814
Subtotal $386,814
Loans Receivable
Value of Loans Receivable 6,852,772
Subtotal $6,852,772
Total Portfolio Value $7,239,586
Source: City of Oroville Fund 221 Balance Sheet (06/30/24) Table 3: Housing Successor Real Property and Loans Receivable Portfolio 57 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 8
As of FY 2023-24, twenty-two properties have been sold or transferred. The City will continue to evaluate each of the remaining three properties taking several factors into consideration, including whether it is more beneficial to develop properties to provide housing, or to receive sales proceeds to spend on affordable housing activities within the expenditure limitations set by HSC Section 34176.1.

COMPLIANCE WITH EXPENDITURES & PRODUCTION
LIMITS
During FY 2023-24, the Housing Successor was in compliance with all annual and five- to ten-year planning period requirements as described in this section.

HAT
Item No.

Address Property Type
Statutory
Value
Status / Desired Action
1 1130 Pomona Avenue Vacant land 12,514 Transferring to VHDC 2 1550 & 1560 Veatch St. Vacant land 3,048 Transferring to VHDC 5 3265 Glen Avenue Single-family 110,318 Transferring to VHDC 3 1729 Boynton Avenue Single-family 101,299 Sold at appraised value 4/12/19 4 3054 Spencer Avenue Single-family 76,523 Sold on 12/28/16 6 1289 Robinson Street Single-family - Sold in FY 2018-19 7 770 Robinson St. Single-family 64,313 Sold on 7/21/16 8 33 Canyon Highlands Single-family 71,814 Sold through LPP in FY 2022-23 9 2712 Spencer Avenue Single-family 95,000 Sold through LPP in FY 2018-19 10 3027 Florence Avenue Single-family - Sold through LPP 11 115 Worthy Avenue Single-family 122,000 Sold through LPP 12 218 Windward Way Single-family 125,000 Sold through LPP 13 1800 Pine Street Single-family - Sold through LPP
14 2178 Bridge St. Single-family - Sold through LPP
15 2950 El Noble Ave. Single-family 90,000 Sold through LPP 16 1930 Grant Ave. Single-family 65,000 Sold through LPP 17 APN 033-232-021
(Oroville Dam Blvd) Vacant land - Sold in FY 2023-24
18 APN 033-232-001
(Oroville Dam Blvd &
Highlands) Vacant land - Sold in FY 2023-24
19 1511 Robinson St. Vacant land -
Sold to PEP housing to develop Orange Tree
Senior Housing
82 119 Morningstar Single-family - Transferred to VHDC on 1/19/2022 97 3555 Argonaut Ave Single-family - Transferred to VHDC April 2024 98 3711 Ashley Ave Single-family - Transferred to VHDC
101 2244 Mitchell Ave Single-family 130,000 Sold on 9/22/2021 as a Market Rate Unit 100 2420 Baldwin Ave Single-family - Transferred to VHDC 102 1250 Robinson Single-family 165,000 Sold on 9/15/21 as a Market Rate Unit

REMAINING PROPERTIES

SOLD PROPERTIES
Table 4: Properties Transferred from the Former Redevelopment Agency 58 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 9

PROPORTIONALITY REQUIREMENTS
The Housing Successor fully complied with the Housing Asset Fund spending restrictions during the previous five-year compliance period of January 1, 2014, through June 30, 2019.

As summarized in Table 5 below, the Housing Successor has also fully complied with all the Housing Asset Fund spending restrictions for the current reporting period:
 The Housing Successor expended $95,891 on allowable administrative costs and was below the maximum limit amount of $361,979. The annual limit is greater than $200,000 plus inflation or 5% of the Housing Successor Portfolio balance. As shown in Table 3 earlier, the Portfolio balance is $7,239,586, of which 5% is $361,979.
 Since no homeless prevention or rapid rehousing expenses were made in FY 2023-24, the Housing Successor was therefore in compliance with the $250,000 spending restriction.  For FY 2023-24, the Housing Successor had expenditures of $100,000 for a project that is designated to extremely low households with permanent supportive housing. This complies with the five-year income proportionality targets.

Prior Year's Compliance
FY 2019-20 $239,671 $0 $0 $0 $0
FY 2020-21 $126,709 $0 $0 $0 $0
FY 2021-22 $174,860 $0 $0 $0 $0
FY 2022-23 $97,837 $0 $900,000 $0 $0
FY 2023-24 $95,891 $0 $100,000 $0 $0
Totals $734,968 $0 $1,000,000 $0 $0
Total Expenditures $95,891 $0 $1,000,000 $0 $0
SB 341 Limitation $361,979 $250,000 >30% N/A <20%
Compliant (Yes/No) Yes Yes Yes N/A Yes
1The Admin/Monitoring and Rapid Rehousing amounts are annual Limits. Expenditures by income level are five-year limits Source: City of Oroville
31-59% AMI 60-80% AMI
Annual Limit Expenditures
Admin/
Monitoring
1 Rapid
Rehousing <30% AMI
Compliance Period (FY 2023-24) Five-Year Period (FY 2019-20 through FY 2023-24) Five-Year Limit Expenditures
Table 5: Fiscal Year 2023-24 Housing Asset Fund Expenditures 59 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 10
The Housing Successor will ensure it meets all expenditure requirements going forward, throughout this five-year compliance period of July 1, 2019, through June 30, 2024, and future five-year compliance periods.

Failure to comply with the extremely low-income requirement in any five-year compliance period will result in the Housing Successor having to ensure that 50 percent of the remaining funds be spent on extremely low-income rental units until in compliance. Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in the Housing Successor not being able to expend any funds on this income category until in compliance.

SENIOR RENTAL HOUSING LIMIT COMPLIANCE
The Housing Successor has exceeded the limit of producing more than 50 percent of the total rental units for seniors within the last ten years. However, some funds have been encumbered for housing assistance, which is expected to bring the jurisdiction into compliance by the next reporting year. The Housing Successor, along with the City and former Agency, are working towards achieving this goal.

Over the last 10 years, the Successor has assisted 1 deed-restricted project with 2 rental unit in the last ten years both units are restricted to seniors, over 50 percent. Table 6 details units assisted by the project.

Property
Senior
Units
%
Non-Senior
Units
% Total Units
Sierra Heights 2 100% 0 0% 2
Total 2 100% 0 0% 2
Total Deed-Restricted Senior Units: 100%
Source: City of Oroville
Table 6: Deed Restricted Units Assisted in Last 10 years 60 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 11

EXCESS SURPLUS
The Housing Asset Fund may not accumulate an “excess surplus”, which is an unencumbered amount that exceeds the greater of $1 million or the sum of deposits in the prior four fiscal years. This requirement ensures that housing successors are actively spending available Housing Asset Funds on affordable housing. Table 7 shows that the Housing Successor has not accumulated an excess surplus amount during FY 2023-24. The encumbered amount of $1,979,628 is for an extremely low permanent supportive housing project for the Veterans Housing Development Corporation and includes expenses.

The City will continue monitoring its deposits and fund balance to avoid any future excess surplus. If the Housing Successor has an excess surplus, it must be expended or encumbered within three fiscal years.

If the housing successor fails to comply, it must transfer any excess surplus to HCD within 90 days of the end of the third fiscal year.

Step 1: Determine Unencumbered Cash Balance From Financials FY 23-24 Beginning Cash Balance $ 2,748,335
Less: Encumbered Funds $ 1,979,626
Unencumbered Amount $ 768,709
Step 2: Determine Greater of $1M or Last 4 Deposits
$1 Million, or $ 1,000,000
Last 4 years' deposits $ 2,960,684
FY 2022-23 $ 485,527
FY 2021-22 $ 642,784
FY 2020-21 $ 951,996
FY 2019-20 $ 880,377
Result: Larger Number $ 2,960,684
Step 3: Excess Surplus is Amount Step 1 Exceeds Step 2, if Any (1) Unencumbered Amount $ 768,709
(2) Less: Larger Number From Step 2 $ 2,960,684
Excess Surplus None
Source: City of Oroville
Table 7: Excess Surplus FY 2023-24
61 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 12

OTHER INFORMATION

TRANSFERS TO OTHER HOUSING SUCCESSORS
There were no transfers to another housing successor entity for a joint project under HSC Section 34176.1(c)(2).

HOMEOWNERSHIP UNIT INVENTORY
There are 124 homeownership units assisted by the Housing Successor that have restrictions, affordable covenants, or an adopted program that protects Housing Asset Fund monies. Further details are provided in Appendix 4.
62 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 13
APPENDIX 1 – HOUSING ASSET TRANSFER FORM
The HAT form is attached as a separate document.
63 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 14
APPENDIX 2 - HOUSING SUCCESSOR ANNUAL REPORT

REQUIREMENTS
Health and Safety Code Section 34176.1(f)
Housing Asset
Fund
Revenues &
Expenditures
Total amount deposited in the Housing Asset Fund for the fiscal year.

Amount of deposits funded by a Recognized Obligation Payment Schedule (“ROPS”).

Statement of balance at the close of the fiscal year.

Description of Expenditures for the fiscal year, broken out as follows:
 Homeless prevention and rapid rehousing
 Administrative and monitoring
 Housing development expenses by income level assisted Description of any transfers to another housing successor for a joint project.

Other Assets and
Active Projects
Description of any project(s) funded through the ROPS.

Update on property disposition efforts (note that housing successors may only hold a property for up to five years unless it is already developed with affordable housing).

Other “portfolio” balances, including:
 The statutory value of any real property either transferred from the former Agency or purchased by the Housing Asset Fund
 Value of loans and grants receivable
Inventory of homeownership units assisted by the former Agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former Agency’s investment of monies from the Low- and ModerateIncome Housing Fund.

Obligations &
Proportionality
Description of any outstanding production obligations of the former Agency that were inherited by the Housing Successor.

Compliance with proportionality requirements (income group targets), which must be upheld on a five-year cycle.

Percentage of deed-restricted rental housing restricted to seniors and assisted by the former Agency, the Housing Successor, or the City within the past ten years compared to the total number of units assisted by any of those three agencies.

Amount of any excess surplus, and, if any, the plan for eliminating it. 64 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 15
APPENDIX 3 – HOUSING ASSET FUND EXPENDITURE

REQUIREMENTS
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Administration
and Compliance
Monitoring
Annual Limit
$361,979 maximum
for FY 2023-24 (limit
varies each year)
Administrative activities such as:
 Professional services (consultant fees, auditor fees, etc.)  Staff salaries, benefits, and overhead for time spent on Housing Successor administration
 Compliance monitoring to ensure compliance with affordable housing and loan agreements
 Property maintenance at Housing Successor-owned
properties
Capped at $200,000 adjusted annually for inflation or 5% of the statutory value of real property owned by the housing successor and the value of loans and grants receivable from the HAT (“Portfolio”), whichever is greater.

Homeless
Prevention
and
Rapid
Rehousing
Solutions
Annual Limit
$250,000
maximum per fiscal
year
 Services for individuals and families who are homeless or would be homeless but for this assistance, including:
 Contributions toward the construction of local or regional homeless shelters
 Housing relocation and stabilization services including housing search, mediation, or outreach to property owners  Short-term or medium-term rental assistance
 Security or utility deposits
 Utility payments
 Moving cost assistance
 Credit repair
 Case management
 Other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless.

Affordable
Housing
Development
No spending limit,
but must comply with
income and
age targets
“Development” includes:
 New construction
 Acquisition and rehabilitation
 Substantial rehabilitation
 Acquisition of long-term affordability covenants on multifamily units
 Preservation of at-risk units whose affordable rent restrictions would otherwise expire over the next five years
65 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 16
Health and Safety Code Section 34176.1
Expense
Category Limits Allowable Uses
Income Targets
Fixed Five-Year
Compliance Period
(FY 2019-20 to
2023-24)
Every five years (currently FYs 2020-2024), Housing Asset Funds must meet income targets:
 At least 30% on extremely low-income rental households (up to 30% AMI or “Area Median Income”)
 No more than 20% on low-income households (60-80%
AMI)
Moderate and above moderate-income households may not be assisted (above 80% AMI).

Failure to comply with the extremely low-income requirement in any five-year compliance period will result in having to ensure that 50 percent of remaining funds be spent on extremely low
income rental units until in compliance.

Exceeding the expenditure limit for low households earning between 60-80% AMI in any five-year reporting period will result in not being able to expend any funds on these income categories until in compliance.

Age Targets
Rolling Ten-Year
Period
For the prior ten years (resets every year), a maximum of 50% of deed-restricted rental housing units assisted by the Housing Successor or its host jurisdiction may be restricted to seniors.

If a housing successor fails to comply, Housing Asset Funds may not be spent on deed-restricted rental housing restricted to seniors until in compliance.
66 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 17
APPENDIX 4 – HOMEOWNERSHIP UNIT INVENTORY
Homeownership Unit Inventory
Program Address Restriction
Start Date
Restriction
End Date
First Time Home Buyer Program 10 Ruxton 12/30/2008 12/29/2028 First Time Home Buyer Program Various 11/22/2008 11/21/2038 First Time Home Buyer Program Various 11/23/2008 11/22/2038 First Time Home Buyer Program Various 11/24/2008 11/23/2038 In-Fill Construction FTHB Gray Street 11/25/2008 11/24/2038 In-Fill Construction FTHB Florence Ave. 11/26/2008 11/25/2038 In-Fill Construction FTHB Pine St 11/27/2008 11/26/2038 Landscape Improvement Program Various 11/28/2008 11/27/2038 Landscape Improvement Program Various 11/29/2008 11/28/2038 Landscape Improvement Program Various 11/30/2008 11/29/2038 Landscape Improvement Program Various 12/1/2008 11/30/2038 Landscape Improvement Program Various 12/2/2008 12/1/2038 Landscape Improvement Program Various 12/3/2008 12/2/2038 Landscape Improvement Program Various 12/4/2008 12/3/2038 Landscape Improvement Program Various 12/5/2008 12/4/2038 Landscape Improvement Program Various 12/6/2008 12/5/2038 Landscape Improvement Program Various 12/7/2008 12/6/2038 Landscape Improvement Program Various 12/8/2008 12/7/2038 Landscape Improvement Program Various 12/9/2008 12/8/2038 Landscape Improvement Program Various 12/10/2008 12/9/2038 Landscape Improvement Program Various 12/11/2008 12/10/2038 Landscape Improvement Program Various 12/12/2008 12/11/2038 Landscape Improvement Program Various 12/13/2008 12/12/2038 Landscape Improvement Program Various 12/14/2008 12/13/2038 Landscape Improvement Program Various 12/15/2008 12/14/2038 Landscape Improvement Program Various 12/16/2008 12/15/2038 Landscape Improvement Program Various 12/17/2008 12/16/2038 RDA Housing Rehabilitation Program Grand View Dr.,
Boyton Ave., Bird
St.
12/18/2008 12/17/2038
First Time Home Buyer Program Various 12/19/2008 12/18/2038 First Time Home Buyer Program Various 12/20/2008 12/19/2038 First Time Home Buyer Program Various 12/21/2008 12/20/2038 First Time Home Buyer Program Various 12/22/2008 12/21/2038 First Time Home Buyer Program Various 12/23/2008 12/22/2038 First Time Home Buyer Program Various 12/24/2008 12/23/2038 67 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 18
Homeownership Unit Inventory
Program Address Restriction
Start Date
Restriction
End Date
First Time Home Buyer Program Various 12/25/2008 12/24/2038 First Time Home Buyer Program Various 12/26/2008 12/25/2038 First Time Home Buyer Program Various 12/27/2008 12/26/2038 First Time Home Buyer Program Various 12/28/2008 12/27/2038 First Time Home Buyer Program Various 12/29/2008 12/28/2038 In-Fill Construction FTHB Various 12/30/2008 12/29/2038 In-Fill Construction FTHB Various 12/31/2008 12/30/2038 In-Fill Construction FTHB Various 1/1/2009 12/31/2038
Landscape Improvement Program Various 1/2/2009 1/1/2039 Landscape Improvement Program Various 1/3/2009 1/2/2039 Landscape Improvement Program Various 1/4/2009 1/3/2039 Landscape Improvement Program Various 1/5/2009 1/4/2039 Landscape Improvement Program Various 1/6/2009 1/5/2039 Landscape Improvement Program Various 1/7/2009 1/6/2039 Landscape Improvement Program Various 1/8/2009 1/7/2039 Landscape Improvement Program Various 1/9/2009 1/8/2039 Landscape Improvement Program Various 1/10/2009 1/9/2039 Landscape Improvement Program Various 1/11/2009 1/10/2039 Landscape Improvement Program Various 1/12/2009 1/11/2039 Landscape Improvement Program Various 1/13/2009 1/12/2039 Landscape Improvement Program Various 1/14/2009 1/13/2039 Landscape Improvement Program Various 1/15/2009 1/14/2039 Landscape Improvement Program Various 1/16/2009 1/15/2039 Landscape Improvement Program Various 1/17/2009 1/16/2039 Landscape Improvement Program Various 1/18/2009 1/17/2039 Landscape Improvement Program Various 1/19/2009 1/18/2039 Landscape Improvement Program Various 1/20/2009 1/19/2039 Landscape Improvement Program Various 1/21/2009 1/20/2039 RDA Housing Rehabilitation Program Grand View Dr 1/22/2009 1/21/2039 RDA Housing Rehabilitation Program Boyton Ave. 1/23/2009 1/22/2039 RDA Housing Rehabilitation Program Bird St 1/24/2009 1/23/2039 RDA Housing Rehabilitation Program Various 1/25/2009 1/24/2039 RDA Housing Rehabilitation Program Various 1/26/2009 1/25/2039 RDA Housing Rehabilitation Program Various 1/27/2009 1/26/2039 RDA Housing Rehabilitation Program Various 1/28/2009 1/27/2039 First Time Home Buyer Program Various 1/29/2009 1/28/2039 First Time Home Buyer Program Various 1/30/2009 1/29/2039 First Time Home Buyer Program Various 1/31/2009 1/30/2039 First Time Home Buyer Program Various 2/1/2009 1/31/2039 68 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 19
Homeownership Unit Inventory
Program Address Restriction
Start Date
Restriction
End Date
First Time Home Buyer Program Various 2/2/2009 2/1/2039 First Time Home Buyer Program Various 2/3/2009 2/2/2039 First Time Home Buyer Program Various 2/4/2009 2/3/2039 First Time Home Buyer Program Various 2/5/2009 2/4/2039 First Time Home Buyer Program Various 2/6/2009 2/5/2039 First Time Home Buyer Program Various 2/7/2009 2/6/2039 First Time Home Buyer Program Various 2/8/2009 2/7/2039 First Time Home Buyer Program Various 2/9/2009 2/8/2039 First Time Home Buyer Program Various 2/10/2009 2/9/2039 First Time Home Buyer Program Various 2/11/2009 2/10/2039 First Time Home Buyer Program Various 2/12/2009 2/11/2039 First Time Home Buyer Program Various 2/13/2009 2/12/2039 First Time Home Buyer Program Various 2/14/2009 2/13/2039 First Time Home Buyer Program Various 2/15/2009 2/14/2039 First Time Home Buyer Program Various 2/16/2009 2/15/2039 First Time Home Buyer Program Various 2/17/2009 2/16/2039 First Time Home Buyer Program Various 2/18/2009 2/17/2039 CALHOME Fund Rehabilitation Program Various N/A 2/18/2039 CALHOME Fund Rehabilitation Program Various N/A 2/19/2039 CALHOME Fund Rehabilitation Program Various N/A 2/20/2039 First Time Home Buyer Program 1 Bremer 1/1/2007 1/1/2057 Housing Rehabilitation Project Various 10/23/2008 10/22/2058 Housing Rehabilitation Project Various 10/24/2008 10/23/2058 Housing Rehabilitation Project Various 10/25/2008 10/24/2058 Housing Rehabilitation Project Various 10/26/2008 10/25/2058 Housing Rehabilitation Project Various 10/27/2008 10/26/2058 Housing Rehabilitation Project Various 10/28/2008 10/27/2058 Housing Rehabilitation Project Various 10/29/2008 10/28/2058 Housing Rehabilitation Project Various 10/30/2008 10/29/2058 Housing Rehabilitation Project Various 10/31/2008 10/30/2058 Housing Rehabilitation Project Various 11/1/2008 10/31/2058 Housing Rehabilitation Project Various 11/2/2008 11/1/2058 Housing Rehabilitation Project Various 11/3/2008 11/2/2058 Housing Rehabilitation Project Various 11/4/2008 11/3/2058 Housing Rehabilitation Project Various 11/5/2008 11/4/2058 City Housing Construction Various 11/6/2008 11/5/2058
City Housing Construction Various 11/7/2008 11/6/2058
City Housing Construction Various 11/8/2008 11/7/2058
City Housing Construction Various 11/9/2008 11/8/2058
69 Item 3.

Oroville Housing Successor Annual Report FY 2023-24 20
Homeownership Unit Inventory
Program Address Restriction
Start Date
Restriction
End Date
City Housing Construction Various 11/10/2008 11/9/2058
City Housing Construction Various 11/11/2008 11/10/2058 City Housing Construction Various 11/12/2008 11/11/2058 City Housing Construction Various 11/13/2008 11/12/2058 First Time Home Buyer Program Various 11/14/2008 11/13/2058 First Time Home Buyer Program Various 11/15/2008 11/14/2058 First Time Home Buyer Program Various 11/16/2008 11/15/2058 First Time Home Buyer Program Various 11/17/2008 11/16/2058 First Time Home Buyer Program Various 11/18/2008 11/17/2058 First Time Home Buyer Program Various 11/19/2008 11/18/2058 First Time Home Buyer Program Various 11/20/2008 11/19/2058 First Time Home Buyer Program Various 11/21/2008 11/20/2058 Note: Does not include units assisted prior to 2003-04
70 Item 3.

CITY OF OROVILLE

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

BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
RE: HOUSING ELEMENT ANNUAL REPORT
DATE: MARCH 18, 2025

SUMMARY
Receive and file the 2024 Housing Element Annual Progress Report.

DISCUSSION
California (“State”) law requires cities to submit a Housing Element Annual Progress Report (“APR”) to the State’s Department of Housing and Community Development (“HCD”) by April 1 annually. The City of Oroville (“City”) staff and consultants have prepared the 2024 APR to present to City Council, which reports on residential building activity in the calendar year 2024.

Failure to submit an APR within 60 days of the April 1st due date could result in court orders to compel compliance, and court sanctions if not completed as ordered. Failure to submit the APR for two or more consecutive years triggers Senate Bill (“SB”) 35 provisions streamlining affordable multifamily housing development approvals, losing significant local control over the entitlement process.

HCD uses APR data to determine if a locality has not issued enough building permits to satisfy its Regional Housing Needs Allocation (“RHNA”) by income category for a reporting period, subjecting it to SB 35 streamlining provisions until the next reporting period.

APR SUMMARY
Housing Development Activity
In the 2024 APR, Tables A and A2 of Attachment 1 summarize housing development activity for the 20234calendar year (January 1 – December 31) as follows:
 Table A Development Applications: The City had 3 housing applications that were submitted proposing 176 units.
71 Item 4.

 Table A2 Building Permits Issued: The City issued 1 building permits for 303 housing units with 303 of those units being finished in the calendar year 2024.

Progress Meeting RHNA
Table B of Attachment 1 summarizes the City’s progress in meeting its RHNA allocation for the 2022 to 2030 planning cycle. Based on the number of housing units issued from 2022 to 2030, the City has a remaining need of 364 RHNA units as detailed below.

Regional Housing Needs Allocation Progress
Income Level
RHNA
Allocation
(2022 to
2030)
2022 2023 2024 Total Remaining Need
Very Low 171 171
Low 6 6
Moderate 73 72 72 1
Above
Moderate 375 5 114 1 120 255
Total 625 5 114 73 192 433

1. The RHNA is based on permits issued, not those that have obtained a Certificate of Occupancy (COO). City issued (COO) for 233 very low income units, 59 low income units, and 11 above moderate income units. City will be reaching out to the State Department of HCD to ask how to receive credit for COO obtained in 2024.

Although not mentioned in Table 1, the APR data analyzed by HCD reports the extremely low category to have a remaining need of 18 units. This number is of ½ the Very-Low Income category, which has the remaining units of 35. City staff will encourage opportunities to develop more units in the other income categories to help meet its RHNA allocation through 2025.

Housing Element Program Status
Table C: Sites Identified or Rezoned to Accommodate Shortfall Housing Need or No Net-Loss Law. No information to report.

Table D: of Attachment 1 requires the City to provide a status update on its Housing Element Programs. The staff has provided an update in Table D.

Table E: Commercial Development Bonus Approved. No information to report.

Table F: Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites. No information to report.

Table F2: Above Moderate-Income Units Converted to Moderate Income. No information to report.

Table G: Locally Owned Lands Included in the Housing Element Site Inventory that have been sold, leased, or otherwise disposed of. No information to report. 72 Item 4.

Table H: Locally Owned Surplus Sites. No information to report.

Table J: Student Housing Development for lower income students for which was granted a density bonus. No information to report.

Table K: Tenant Preference Policy. No information to report.

The Local Early Action Planning (LEAP”) Table of Attachment 1 requires cities to report on any funding awarded by this grant. Staff reported $65,000 in awarded amounts for infrastructure planning and a blight study. It has been expended, and final requests are being prepared.

FISCAL IMPACT
These are informational items with no fiscal impact.

RECOMMENDATION
Receive and file the Housing Element Annual Progress Report for 2024.

ATTACHMENTS
Attachment 1: Annual Progress Report for 2024.
73 Item 4.
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94 Item 4.

March 04, 2025~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

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

MINUTES

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

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

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

2. Pursuant to Government Code Section 54954.5, the Council met with the City Attorney and City Administrator to discuss Existing Litigation. (1 Case) Case Name: Transplant Hero vs. Mid Valley Title and Escrow Corp et. al., Butte County Superior Court Case #23CV02907

OPEN SESSION

1. Announcement from Closed Session – Direction given; no action taken.

2. Pledge of Allegiance - Led by Council Member Goodson

3. Adoption of Agenda – Motioned by Council Member Goodson; Seconded by Vice Mayor Smith.

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

4. New Staff Introductions – Ruth Duncan, Director of Finance/Assistant City Administrator introduced Josh Dodson, Accounting Manager.

PRESENTATIONS AND PROCLAMATIONS
None this meeting.
95 Item 5.

March 04, 2025~4:00 PM Oroville City Council Meeting Agenda Page 2 of 7 PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted public comment on this item: The CameraMan; Bill Speer.

REPORTS / DISCUSSIONS

1. Council Announcements and Reports:

Council Member Johnstone: Spoke on a Youth Event held Friday, February 28, 2025. Over 80 children came with their friends and family. There are plans to do a quarterly Youth event. Food and clothing closet to open soon.

Vice Mayor Smith: Reminded the public that the Arbor Day celebration will be held Saturday, March 15, 2025 at the Oroville Convention Center from 10AM-4PM, with a performance at 12PM. Feather Fiesta Day planning meetings will begin tomorrow morning in Council chambers at 8AM.

Mayor Pittman: Reported on the Executive Committee meeting held on February 25, 2025 in which Capital Improvement Projects and Planning Commission applications were discussed.

2. Administration Reports
Brian Ring, City Administrator: Announced that the RFP for the Corp Yard has closed, there were 3 bids submitted. The annual Goals and Priorities Workshop will be scheduled for April 8, 2025 at the Table Mountain Golf Club.

Kayla Reaster, Assistant City Clerk: Provided the Council with an update on AB1170.

Ron Belser, Director of Code Enforcement: Provided the Council with a department statistical update for the month of February.

Alyssa Stutz, Assistant Director of Public Works/City Engineer: Gave kudos to the Public Works team. Announced that the CMMS kickoff meeting was held. SR162 project is wrapping up by March 21, weather dependent. The Lott Home should receive its fresh paint soon. Taxiway lighting at the airport has been completed. Museum weekend attendance numbers were down a bit this year in comparison to last year. Radar trailer will be put on Spencer and Burlington in Southside Oroville. Lastly, the RFP for the Table Mountain Blvd and Washington Ave corridor is closing soon.

Patrick Piatt, Director of Community Development: Updated that he is currently working with Council Member Goodson on a Clean Up Day event in South Oroville. It is scheduled to occur on April 26, 2025.

Jason Wines, Interim Chief of Police: Ali Khan, an Oroville Police Officer has been selected as Officer of the Year.
96 Item 5.

March 04, 2025~4:00 PM Oroville City Council Meeting Agenda Page 3 of 7

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

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

1. CONSIDER AND ADOPT THE SIDE LETTER AGREEMENTS BETWEEN THE CITY OF OROVILLE AND THE OROVILLE CITY EMPLOYEE’S ASSOCIATION, OROVILLE MANAGEMENT ASSOCIATION, OROVILLE POLICE OFFICER’S ASSOCIATION BOTH SWORN AND NON-SWORN TO INCREASE THE CITY’S CONTRIBUTION TO MEDICAL

INSURANCE
The City Council adopted Resolution No’s. 9053, 9054, 9055 - Resolutions Of The Oroville City Council Authorizing And Directing The Mayor To Execute Side Letter Agreements With The Oroville City Employee’s Association, Oroville Management Association, Oroville Police Officer’s Association Both Sworn And Non-Sworn Units.

2. NON-FORECLOSURE OF CITY-OWNED 785 BIRD STREET
The City Council directed staff not to foreclose on property located at 785 Bird Street (APN 012- 121-006).

3. REVIEW AND ADOPTION OF THE UPDATED 2025 SALARY SCHEDULE REALIGNING THE

PLACEMENT OF POSITIONS ON SCHEDULE AND MAKING ONE COST OF LIVING

ADJUSTMENT
The City Council approved the revised salary schedule as presented.

4. MITCHELL AVENUE AND BRIDGE STREET EMERGENCY CULVERT REPAIR BUDGET

ADJUSTMENT
The City Council adopted Resolution No. 9356 and authorized a supplemental appropriation from the contingency fund in the amount of $86,520.00 into 100.1170.6210 for storm drain maintenance.
97 Item 5.

March 04, 2025~4:00 PM Oroville City Council Meeting Agenda Page 4 of 7

5. ADVANCED APPROVAL OF ACCEPTANCE OF FEDERAL AVIATION ADMINISTRATION

GRANT ASSISTANCE
The City Council approved the acceptance of the AIG in the amount of $298,281.00 (once offered) for airport crack seal schedule a and b and remark runway 13-31; and approved the city “match” expenditure of $15,699.00 plus the federally ineligible expenditure of $6,405.00, for a total of $22,104.00.

6. NORTHSTAR TASK ORDER NO. 20 – FOOTHILL BOULEVARD SURVEY AND STORM

DRAIN REPLACEMENT
The City Council approved Task Order No. 20 to NorthStar Engineering for the design of an approximately 960-foot section of storm drain replacement, and associated laterals, along Foothill Boulevard.

7. FIRST READING OF ORDINANCE 1885 AMENDING CHAPTER 15 OF THE CITY OF OROVILLE MUNICIPAL CODE OF THE OROVILLE CITY COUNCIL TO AMEND CHAPTER 15 SECTION 15.60.030 AND 15.60.040
The Council introduced Ordinance 1885 to amend Chapter 15 updating section 15.60.030 City of Oroville Municipal Fire, and section 15.60.040 Express Findings to align with the 2022 Building Code Standards, and waived the first reading of the ordinance.

8. APPROVAL OF FEBRUARY 18, 2025 REGULAR MEETING MINUTES The City Council shall approved and adopted the Regular Meeting Minutes of February 18, 2025.

REGULAR BUSINESS

9. COMMUNITY MEMBER APPOINTMENT TO THE OROVILLE PLANNING COMMISSION The City Council appointed Joshua Hamilton to the Planning Commission with a term that expires on march 4, 2029 by the following vote:

Motioned by Council Member Goodson Seconded by: Vice Mayor Smith AYES: Council Member(s) Reynolds, Thomson, Johnstone, Goodson, Webber, Vice Mayor Smith, Mayor Pittman
NOES: None
ABSTAINED: None
ABSENT: None
98 Item 5.

March 04, 2025~4:00 PM Oroville City Council Meeting Agenda Page 5 of 7

10. 2025 STATE AND FEDERAL LEGISLATIVE PRIORITY DISCUSSION The City Council approved the priority documents as presented by the State by the following vote:

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

11. RESOLUTION DECLARING CITY OF OROVILLE AS A NON-SANCTUARY CITY The following member(s) of the public submitted public comment on this item: The CameraMan; and Kimberlee Michl.

The City Council adopted Resolution No. 9357 with section 7 removed, and an additional sentence added. They also approved a letter of support of SB 554. Additionally, staff were instructed to look into the possibility of co-litigating with the City of Huntington Beach on this matter by the following vote:

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

12. UPDATE ON NEW HIGH FIRE SEVERITY ZONES ISSUED BY THE CALIFORNIA STATE

DEPARTMENT OF FORESTRY (CALFIRE)
The newly updated Fire Hazard Severity Zones for the City of Oroville are part of the statewide effort to ensure that communities are equipped to handle the growing threat of wildfires. The City Council received this information and heard public input on the matter.

13. PROPOSED CHANGES TO OROVILLE MUNICIPAL CODE REGARDING THE SALE AND

USE OF SAFE AND SANE FIREWORKS
The following member(s) of the public submitted public comment on this item: Henry Sanchez; Jonathan Taylor; and Dennis Revell.

The City Council directed staff to hold a public hearing on March 18, 2025 regarding changes to the Oroville Municipal Code, Section 319 regarding the future sale and use of fireworks within the City limits.
99 Item 5.

March 04, 2025~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

14. UPDATED SURPLUS ASSET DISPOSAL PROCEDURE
The City Council received an update on an Updated Surplus Asset Disposal Procedure. This item was informational only.

15. BEDROCK PARK UPDATE
The City Council received an update on the Bedrock Park project.

PUBLIC HEARINGS
The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing and staff will present the item and answer Council questions.
- The hearing is opened for public comment limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit request 24 hours before the meeting.
- Individuals may email comments for council consideration to [email protected]
None this meeting.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
No additional public comment submitted.

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items – Discussion on public bathrooms, and their condition, and Request to look into the Fresno encampment ordinance to see if it could help polish up our own ordinance.

2. Correspondence
i. Business Assistance and Housing Development Monthly Report January 2025 100
Item 5.

March 04, 2025~4:00 PM Oroville City Council Meeting Agenda Page 7 of 7

ADJOURN THE MEETING
The meeting was adjourned at 7:56PM.
________________________________ _________________________________ Brian Ring, City Clerk David Pittman, Mayor
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Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: 2025 FEDERAL LEGISLATIVE PRIORITY DISCUSSION
DATE: MARCH 18, 2025

SUMMARY
The City Council shall consider and provide input on the federal priority document from The Ferguson Group (TFG), who the city has retained for advocacy work at the federal level. TFG met with City Council members and staff and have used their input to draft the attached Federal priority document.

DISCUSSION
The City recently entered into agreements with The Ferguson Group for advocacy work at the federal level. Meetings were held with Council members and City Department Heads on January 28 and January 29 to gather information on the needs of the City. Since that time, staff have been working with them to assemble a federal legislative priority document. The document will provide a basis for federal advocacy throughout 2025.

The document is intentionally crafted in a broad nature to allow staff the flexibility to work on matters that come up throughout the year (creating advocacy letters for example), however, do cover many of the key priorities for the City that were articulated in the various meetings.

These priorities include, but are not limited to the following:
 Infrastructure (drainage, curb, gutter and sidewalk) in South Oroville;  Change in overly burdensome environmental regulations that are directly prohibiting the construction of new housing stock;
 Financial assistance to ensure the levee running through downtown Oroville that the State Water Project relies on, can structurally handle the load variations;  Funding for roads is woefully inadequate; and
 Funding for brownfield mitigation efforts.

All of the priorities above have a public safety element in them and are a priority for the City.

Representatives of The Ferguson Group will discuss the federal platform and also provide Council with an update on the latest legislative activities at the federal level.

FISCAL IMPACT
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Item 6.

None.

ACTION(S) REQUESTED -

1. APPROVE THE PRIORITY DOCUMENT; OR

2. PROVIDE DIRECTION REGARDING CHANGES TO BE INCLUDED IN THE DOCUMENTS AND RETURN ON APRIL 1, 2025 FOR FINAL CONSIDERATIONS. 103
Item 6.
2025 Federal Agenda
City of Oroville, CA

FEDERAL LEGISLATIVE AND

REGULATORY PRIORITIES
Prepared in coordination with TFG, LLC.

For questions, please contact Kristi More at
[email protected] or Chris Griffin at
[email protected]
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Item 6.
2025 Federal Agenda
1 2025 Federal Priorities
Public Safety
Supporting federal public safety programs,
partnerships, and efforts.

The City of Oroville, in its duty to maintain public safety for the peace and prosperity of its residents and visitors, strongly supports federal programs that enhance capabilities for our police, firefighters, and other first responders.

Community and Economic
Development
Advocating for policies that remove barriers
to development, and actively support
Oroville’s continued prosperity
The City of Oroville strongly supports legislative and regulatory efforts to remove barriers to housing development, promote workforce training, promote business and job creation and growth, maintaining and improving local infrastructure, and ensure flexibility in local administration of funds.

Agriculture, Natural
Resources, and Energy
Prioritizing policies that support Oroville’s
agricultural economy, and maintaining and
creating new energy and natural resources
The City of Oroville depends on local and regional agricultural industries for its economy and will support federal policies that promote and maintain a vibrant agricultural industry. Similarly, the City strongly supports federal efforts to develop an “all-of-theabove” approach to energy and natural resources, ensuring that our residents have affordable and reliable energy, healthy and safe forests, and accessible public lands.

General Government
Functions
Supporting federal efforts to support
general local government functions through
cybersecurity programs, protecting local
government revenues, and ensuring access
to federal funds
The City of Oroville strongly supports federal efforts to enhance the general services provided by local governments. Ensuring efficient and safe local government operations is a good stewardship of taxpayer dollars.
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Item 6.
2025 Federal Agenda
2 Public Safety
The City of Oroville’s Public Safety priorities include:
 Supporting legislation that funds programs that provide equipment, technology, capabilities, personnel, and training for first responders.
 Supporting legislation that provides funding for the maintenance, construction, repair, and refurbishment of public safety facilities, such as, fire stations, police stations, and emergency operations centers.
 Supporting legislation that enhances pre-disaster mitigation, disaster recovery, and emergency management capabilities.
 Supporting federal regulatory and legislative efforts to prevent wildfires and protect communities from wildfire impacts.
 Supporting federal programs and funds for maintaining and enhancing evacuation routes in local communities.
 Supporting federal legislation that provides or enhances access to new and emerging technologies for local emergency management personnel.
 Supporting federal legislative and regulatory efforts to assist first responders in their interactions with individuals suffering from substance use disorders
 Supporting federal efforts to combat the opioid crisis and address its impacts on local communities.

Advocate that local communities can utilize federal funds and support in a flexible manner.  Supporting federal programs that fund and strengthen juvenile justice and diversion programs.  Supporting federal programs to address the homelessness crisis.  Supporting federal legislative and regulatory reforms to provide tax relief to victims of natural disasters, including tax breaks for recipients of private settlement payments resulting from disasters.  Supporting federal legislative and regulatory efforts to streamline environmental and related permitting required for recovery efforts in the wake of disasters.  Supporting legislative and regulatory reforms to streamline federal disaster response functions, including faster deployment in the wake of disasters, and greater flexibility in partnering with local first responders, governments, and disaster management personnel.  Supporting legislative and regulatory reform to streamline household access to disaster response and recovery programs and funds.
 Supporting federal legislation that reduces the cost and burden on homeowners carrying out fire and disaster risk-mitigation activities on private property.  Supporting federal legislation and regulations to waive the local cost-share required for certain disaster response and recovery programs.
 Supporting federal legislation and programs that support animal control and shelter efforts in local communities.
106
Item 6.
2025 Federal Agenda
3 Community and Economic Development
The City of Oroville’s Community and Economic Development priorities include:
 Supporting federal programs that assist local communities with building, maintaining, and improving public spaces such as parks, historic districts, community events spaces, and more.  Supporting federal programs that assist local communities with building, maintaining, and improving public infrastructure such as roads, bridges, mixed-use trails and paths, and more.  Supporting federal programs that fund safety improvements for infrastructure, such as the construction of sidewalks and safety measures for motorized and pedestrian traffic.  Supporting funding generally for infrastructure in the Southside of Oroville, particularly roads, sidewalks, streetlights, and drainage.
 Supporting federal legislation and regulatory efforts to promote the creation and growth of small businesses and related jobs.
 Supporting federal efforts to identify and utilize metrics that treat rural areas equally with urban areas in consideration for transportation, infrastructure, and other grant programs.  Supporting federal programs, legislation and regulatory reform that reduce barriers to accessing and expanding healthcare in local communities, particularly in rural areas.  Opposing regulatory and legislative efforts that impose or consider unfunded mandates that may inhibit access to medical services, particularly in rural communities.  Supporting continued funding for the Community Development Block Grant (CDBG) program and ensure eligibility under the CDBG program remains flexible for local governments.  Supporting reducing barriers to the construction and development of affordable and market-rate housing.
 Supporting federal efforts to lower barriers to household access to affordable homeowners, fire, and flood insurance.
 Supporting policies ensuring that the National Flood Insurance Program (NFIP) remains affordable for citizens and businesses.

Agriculture, Energy, and Natural Resources
The City of Oroville’s Agriculture, Energy and Natural Resources priorities include:
 Supporting federal drought resilience and response efforts.  Supporting federal programs that ensure sustainable and reliable water deliveries for agriculture as well as household use.
 Supporting federal legislation and programs that facilitate fuels reduction and vegetation management activities in forests, roadways, critical rights-of-way, and near critical infrastructure.  Supporting federal legislation and regulatory reform that reduces barriers to active forest management needed to mitigate wildfire risks and maintain healthy forests.  Supporting federal programs which fund wood products research, such as those that develop construction materials and fuels, particularly with respect to the development of value-added products created from forest management byproducts.
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Item 6.
2025 Federal Agenda
4  Supporting federal legislation and regulation that removes barriers to and streamlines processes for the development of alternative energy sources, including but not limited to, biomass/biochar, microgrids, hydropower, and more.
 Supporting federal legislation and regulations to promote public-private partnerships in the development of energy infrastructure.
 Supporting federal efforts to reform the Federal Energy Regulatory Commission (FERC) to mitigate uncertainty and simplify its existing regulatory framework, particularly with respect to hydropower licensing.
 Supporting a fair and long-term FERC re-licensing of the Oroville Dam.  Supporting public access to federal public lands, including but not limited to land managed by the U.S.

Forest Service, Bureau of Land Management, and National Park Service.  Supporting federal legislation and regulations that support recreation industries and activities including but not limited to fishing, hiking, and hunting, particularly on public lands.

General Government Functions
 Supporting federal programs, such as the Rural and Municipal Utility Cybersecurity (RMUC) program, that facilitate cybersecurity infrastructure upgrades in rural communities.  Opposing efforts to claw back, borrow against, or take local discretionary revenue.  Supporting federal initiatives to enhance intergovernmental collaboration and cooperation for a variety of purposes at the federal, state, and local levels.  Supporting federal revenue sharing programs like the Secure Rural Schools (SRS) and Payment In Lieu of Taxes (PILT) programs.
 Support legislation and regulatory reform to enhance ease of access to federal grants and other financial assistance, especially for small and rural communities. 108
Item 6.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: TIM KABER – PROJECT MANAGER / SENIOR CIVIL ENGINEER RE: AWARD OF CONSTRUCTION CONTRACT; HEWITT PARK RENOVATION

AND BUDGET ADJUSTMENT
DATE: MARCH 18, 2025

SUMMARY
The Council may consider awarding construction contract to R&R Horn Contractors, Inc., of Chico for the Hewitt Park Renovation Project and budget adjustment.

DISCUSSION
This project will renovate the existing Hewitt Park with significant additions of existing park space. The project includes a mining themed splash pad, play structures, embankment slide, dog park, multi-use turf, pickleball courts, walking paths and fitness facilities, all surrounded by drought tolerant landscaping.

Plans and Specifications were advertised on December 9, 2024 and bids were received on February 11, 2025. A total of five bids were received.

The low bidder was R&R Horn Contractors, Inc at $4,530,077. This includes a Base Bid of $4,281,004, and an Option Item for $249,073. A table showing all bidders can be found in the attached Bid Summary. The engineer’s estimate was $4,624,254 with contingencies.

Staff recommends allocating a contingency of approximately 10% on the low bid for potential unforeseen changes, bringing the overall budget to $4,983,085.

FISCAL IMPACT
The City has a Proposition 68 Grant for $4,583,710.00 and an additional $2,840,293 available in Park Impact Fees.

The City has a signed contract with Melton Design Group for Design in the amount of $467,504.00, and purchases of $960,082.00 for playground and splash pad equipment, for a total of $1,427,586.00 in committed funds.

The Park Impact Fees required to cover construction, design, and equipment purchases is $1,826,961. This does not include a separate request for Construction Management Services.

The remaining balance in the Park Impact Fees account would be $1,013,332.00. 109
Item 7.

RECOMMENDATION
Award contract to R&R Horn Contractors, Inc. for $4,530,077 and allocating $453,008 for contingencies;
Approve of budget adjustment from the Park Impact Fees Fund 134 to Capital Projects Fund 301 in the amount of $1,826,961 (5/7 vote required); and Authorize Mayor to sign contract.

ATTACHMENTS:

Bid Summary
Construction Contract Agreement 3538
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Item 7.
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PROJECT CONTRACT
Hewitt Park Renovation
Agreement 3538
THIS PROJECT CONTRACT (the “contract” or “Contract”), is made and entered into this 18th day of March, 2025 by and between City of Oroville (referred to herein as the “Owner” or the “City”) and R&R Horn Contractors, Inc. (the "Contractor").

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

1. THE CONTRACT DOCUMENTS.

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

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

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

2. THE WORK.

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

HEWITT PARK RENOVATION

3. CONTRACT PRICE.

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation: $4,530,077. In no event shall Contractor’s compensation exceed the amount of $4,983,085 without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment
For the purpose of fixing the amount of bonds referred to in the Instructions to Bidders, it is estimated by both Parties that the total contract price shall be based on the Contractor’s Base Bidamount.

4. DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting the true value of any work done or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor 111
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during the performance of this Contract, the dispute shall be informally mediated between the parties.

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

5. PAYMENT.

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

6. TIME FOR COMPLETION.

All work under this contract shall be completed within a period of 200 working days from the date of the Contractor's receipt of a Notice to Proceed (NTP) from the City. The NTP will be issued after Sections 6 (Preconstruction Conference) and 7 (Notice To Proceed) of the Bidding Requirements are satisfied.

7. EXTENSION OF TIME.

If the Contractor is delayed by acts of negligence of the City, or its employees or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, or any causes beyond the Contractor's control, or by delay authorized by the City, or by any justifiable cause which the Engineer shall authorize, then the Contractor shall make out a written claim addressed to the City setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Engineer for approval. The Engineer will evaluate the claim and if the claim is justifiable, will request the City's approval. No such extension will be allowed unless written claim therefore has been made within 3 days after the delay became apparent.
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If the Contractor fails or refuses to complete the work within the time specified, including authorized extensions, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages the sum of Three Thousand Dollars ($3,000.00) for each calendar day subsequent to the time specified for each project and the time the work is actually completed and accepted. Delays caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time.

8. LABOR PROVISIONS.

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

9. CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS.

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

10. NONDISCRIMINATION.
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The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

11. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS.

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

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

12. CIVIL RIGHTS.

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

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

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

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

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

14. INFORMATION AND REPORTS.

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

15. SANCTIONS FOR NONCOMPLIANCE.

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

16. INSPECTION OF RECORDS.

The Contractor shall maintain an acceptable cost accounting system. The City, or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for 3 years after the City makes final payment and all other pending matters are closed.

17. RIGHTS IN INVENTIONS.

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

18. BREACH OF CONTRACT TERMS.

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

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

20. INCORPORATION OF PROVISIONS.

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

The Contractor shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interests of the City and, in addition, the Contractor may request the United States to enter into such litigation 115
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to protect the interests of the United States.
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21. CONTRACTOR CLAIMS OF $375,000 OR LESS.

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

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

23. ASSIGNMENT OF CERTAIN RIGHTS TO THE CITY.

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

24. ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163)
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8 IN WITNESS WHEREOF, two identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the parties hereinabove named, on the day and year first herein written.

AGENCY: City of Oroville
By:

David Pittman
Mayor
CONTRACTOR: R&R Horn Inc.

By:

Kevin Albert
Project Manager
By:

City of Oroville Legal – Signed as to Form
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119
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: TIM KABER – PROJECT MANAGER / SENIOR CIVIL ENGINEER RE: AWARD OF CONTRACT; CONSTRUCTION MANAGEMENT SERVICES

ON THE HEWITT PARK RENOVATION PROJECT AND BUDGET

ADJUSTMENT
DATE: MARCH 18, 2025

SUMMARY
The Council may consider awarding a contract to Alpha CM, Inc. of Folsom for Construction Management (CM) Services on the Hewitt Park Renovation Project and budget adjustment.

DISCUSSION
This contract will provide Construction Management, Inspections, and Material Testing required for the construction of the Hewitt Park Renovation project. The contractor will be onsite and available at all times during construction activities, and provide Project/Construction Management oversight, contract administration, change order management, and field inspection/testing. These services are required for proper field oversight and Grant reimbursement.

The Request for Proposal (RFP) was issued on January 24, 2025. Five bids were received on the RFP closing date of February 24, 2025. The bids are tabulated on the attached Summary of Bids.

The City Engineering Department reviewed and scored the bids according to the scoring requirements published in the RFP. The two highest scoring bidders were invited to participate in an interview with the Engineering Department on March 4, 2025.

The contractor selected as the best fit for expertise and cost is Alpha CM, Inc. The proposed cost is $425,470.

Staff recommends allocating a contingency of approximately 10% on the low bid for potential unforeseen changes, bringing the overall budget to $468,017.

FISCAL IMPACT
The City has a Proposition 68 Grant for $4,583,710, and $2,840,293 available in Park Impact Fees, for a total of $7,424,003. The Proposition 68 grant can be used for CM services. 120
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The overall cost for Hewitt Park, including design, equipment, construction, and CM services is $6,878,688. This includes 10% contingencies for construction and CM services.

RECOMMENDATION
Award contract to Alpha CM, Inc. for $425,470 and allocating $42,547 for contingencies; Approve budget adjustment from the Park Impact Fees Fund 134 to Capital Projects Fund 301 in the amount of $468,017 (5/7 vote required); and
Authorize Mayor to sign contract.

ATTACHMENTS:

Bid Summary
Construction Contract Agreement 3539
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1 CONSTRUCTION MANAGEMENT SERVICES
AGREEMENT 3539

PROJECT CONTRACT
Construction Management Services for the
Hewitt Park Renovation Project
This Services Agreement (Professional Services) for Construction Management Services(“Agreement”) by and between theCity ofOroville, aCalifornia charter city (“City”), and Alpha CM, Inc. (“Consultant”), is effective on the Effective Date identified on the signature page.

RECITALS
A. The City desires to obtain the services more particularly described in this Agreement and Exhibit “A,” and generally including Construction Management services. “Exhibit A” is the Request For Proposals and all requested work contained therein. “Exhibit B” is the Consultants proposal dated February 24, 2025.

B. On January 24, 2025 the City issued a request for proposals for Construction Management Services, and on February 24, 2025 the Consultant submitted a proposal demonstrating the Consultant’s qualifications and experiences to provide such services.

C. NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree asfollows:

1. SCOPE OF SERVICES.

1.1. Services. Consultant, acting in its capacity as a construction manager, licensed and in good standing under California law, will perform the services described in the Scope of Services and Schedule of Performance, attached hereto as Exhibit “A”, and incorporated herein by reference (“Services”), in accordance with the terms and conditions of this Agreement and to the satisfaction of the City’s authorized representative, Brian Ring (“City’s Authorized Representative”). Day-to-day management of the project will be performed by Tim Kaber. All activities performed by the CONSULTANT shall be coordinated with this person.

1.2. Standard of Care. In performing the Services, Consultant will meet or exceed the applicable standard of care for and exercise the degree of skill and diligence ordinarily used by reputable professionals within the State of California who provide the same or similar type of professional services as the Services required under this Agreement. Consultant will require and ensure that all of its 122
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2 employees, subconsultants, or agents performing or contributing to the Services will comply with the requirements of this Agreement.

1.3. Independent Contractor. Consultant will control the manner and meansfor performing the Services, acting as an independent contractor and not as an employee of the City. Consultant will not be entitled to any of the benefits that the City provides to its employees, including, but not limited to, health or retirement benefits.

1.4. Subcontracting. If Consultant subcontracts with a subconsultant to perform any of the Services, the City is deemed an intended beneficiary of that subcontract and the subconsultant will owe a duty of due care to the City. City reserves the right to approve or reject any proposed subconsultant, based on the subconsultant’s qualifications, relevant experience, or reputation.

1.5. Third Party Beneficiaries. Except to the extent expressly stated herein, this Agreement will not be construed to create any rights in third parties.

1.6. Time for Performance Consultant will commence and complete all Services by the date and within any timeframes set forth in Exhibit “A.” Services for which times for performance are not specified in this Agreement will be commenced and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction from the City’s Authorized Representative. Consultant will submit all requests for extensions of time to the City in writing no later than ten days after the start of the circumstances or events giving rise to the delay, and no later than the time by which performance is due.

The City’s approval of any extension of time for performance of the Services will not operate to waive the City’s rights or remedies with respect to damages caused by Consultant’s delay.

1.7. Errors and Omissions. Consultant is solely responsible for costs arising from its errors and omissions, including increased construction costs or delay costs. Upon City’s request, Consultant will promptly correct its errors and omissions, at no cost to the City.

1.8. Unsatisfactory Services. Upon written notice from the City that any of the Services are unsatisfactory or fail to comply with the requirements of this Agreement (collectively, “Unsatisfactory Services”), Consultant will promptly correct or cure any such Unsatisfactory Services as specified in the City’s written notice. Consultant will not be entitled to any additional compensation or 123
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3 extension of time to correct or cure the Unsatisfactory Services. Consultant’s correction or cure of Unsatisfactory Services will not operate to waive the City’s rights or remedies with respect to any damages caused by the Unsatisfactory Services, the cost of which may be recovered by the City as an offset from payment otherwise due or to become due to Consultant.

2. COMPENSATION.

2. Payment. The City will pay Consultant for Consultant’s time and authorized expenses necessary to perform the Services, at the rates and charges set forth in the Compensation Rates and Charges attached hereto as Exhibit “B” and incorporated herein by reference, as compensation in full for Services satisfactorily performed in compliance with this Agreement. Consultant’s total compensation for performing the Services may not exceed $425,470 without prior written authorization from the City. If the City authorizes Consultant to perform services in addition to the Scope of Services set forth in Exhibit “A,” Consultant will be compensated in accordance with the rates and charges in Exhibit “B.” Consultant will not be entitled to any compensation for additional services performed without the City’s prior written consent, or which exceed the scope of the City’s written consent.

2.1. Invoices. Consultant will submit a monthly itemized invoice to the City’s Authorized Representative for the Services provided during the preceding month. At a minimum, the invoice will identify the Services performed, the hours spent performing the Services, the applicable hourly rate(s), and any authorized expenses based on the rates and charges authorized in Exhibit “B.” The City will pay the Consultant within 30 days after approval of each invoice, with the exception of any disputed amounts.

3. AUTHORIZED REPRESENTATIVE Consultant hereby assigns Dave Latona to serve as the Consultant’s authorized representative (“Consultant’s Authorized Representative”), to personally participate in and manage the Services provided under this Agreement, and to serve as the primary point of contact for all matters pertaining to this Agreement.

2.2. Substitutions. As a material inducement to entering into this Agreement, the City has relied upon Consultant’s representations regarding Consultant’s qualifications (including the qualifications of Consultant’s Authorized Representative, its personnel, and its subconsultants, if any, as identified on Exhibits “A” and “B”). Consultant will not replace Consultant’s Authorized Representative (or any of its personnel or its subconsultants, if any, as identified on Exhibits “A” and “B”) without the City’s prior written consent.

3. NOTICES. All notices or requests required or contemplated by this Agreement will be in writing and delivered to the other party’s Authorized Representative by 124
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4 personal delivery, U.S. Mail, nationwide overnight delivery service, email, or as otherwise specified herein. Delivery is deemed effective upon the first to occur of:(a) actual receipt by a party’s Authorized Representative, (b) actual receipt at the address identified below, or (c) three business days following deposit in the U.S. Mail of registered or certified mail sent to the address identified below. A party’s contact information, below, may be changed by providing written notice of any change to the other party.

TO CITY: Brian Ring

CITY OF OROVILLE
1735 MONTGOMERY STREET
OROVILLE, CA 95965
[email protected]
TO CONSULTANT: Brian Danley

ALPHA CM, INC
2180 Jefferson St, Suite 212
Napa, CA 94559
[email protected]

4. TERM. The term of this Agreement begins on the effective date, identified on the signature page, below, attesting full execution of the Agreement by both parties (“Effective Date”), and ends upon Consultant’s completion of the Services required by this Agreement, unless terminated earlier as provided herein. The following provisions will survive expiration or termination of this Agreement: Section 7.2 (Dispute Resolution), Section 8.1 (Confidentiality), Section 8.4 (Records of Performance), Section 10 (Indemnification), Section 11.4 (Professional Liability), Section 13.3 (Taxes), and Section 14 (General Provisions).

5. CITY’S RIGHT TO TERMINATE. The City may terminate this Agreement for convenience (with or without cause) by providing written notice of termination to Consultant, effective upon the date stated in the notice. If the City terminates the Agreement it will pay Consultant for all Services satisfactorily performed up to and including the effective date of the termination, subject to the provisions of Sections 2 and 8.2.

6. DEFAULT AND DISPUTE RESOLUTION

6.1. Default. Consultant will be deemed in default of this Agreement if Consultant is not complying with the terms of this Agreement, or the City has reason to believe that Consultant’s ability to perform the Services has been or will be impaired.

If either of these circumstances exist, the City may give written notice of default to Consultant and demand that the default be cured or corrected within ten days of the notice, unless the City determines that additional time is reasonably necessary to cure the default. If Consultant fails to cure the default within of the time specified in the notice, and the Consultant fails to give adequate written assurance of due performance within the specified time, then the City may terminate this Agreement in accordance 125
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5 with Section 6, or the City may pursue dispute resolution in accordance with Section

7.2. 6.2. Dispute Resolution. If any dispute arises between the partiesin relation to this Agreement, the Authorized Representativesfor each party will meet, in person, assoon as practicable, to engage in a good faith effort to resolve the dispute informally. If the parties are unable to resolve the dispute, in whole or in part, through informal discussions, the parties agree to participate in mediation. Notwithstanding the existence of a dispute, the Consultant will continue providing the Services during the course of any dispute, unless otherwise directed by theCity.

6.2.1. Either party may give written notice to the other party of a request to submit a dispute to mediation, and amediation session will take place within 60 days of the date that such notice is given, or sooner if reasonably practicable. The parties will jointly appoint a mutually acceptable mediator. The parties willshare equally the costs of the mediator; however, each party will pay its own costs of preparing for and participating in the mediation, including any legalcosts.

6.2.2. Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute. In addition, any claims by Consultant arising from or related to this Agreement, are subject to the claim presentment requirements in the Government Claims Act (GovernmentCode section 900 etseq.).

7. INFORMATION AND RECORDS.

7.1. Confidentiality. Consultant will not disclose any information or records related to the performance of this Agreement, including information and records received from the City, as well as information and records created by the Consultant, to any person other than a City employee, unless and only to the extent that the City provides the Consultant with prior written consent to make a disclosure. Consultant will notify the City’s Authorized Representative of any request for disclosure of information, or any actual or potential disclosure of information, under this Agreement. Consultant’s obligations under this section will survive the termination of this Agreement.

7.2. Title to Records. All original documents or records (“work product”), whether paper or electronic, required by this Agreement to be prepared by Consultant (including its employees and subconsultants), whether complete or in progress, are the property of the City. Consultant will promptly deliver allsuch work product to the City at the completion of the Services, upon termination, or upon demand by the City.

However, Consultant may make and keep copies of the work product.

7.3. Contract Cost Disclosure. For any document or report prepared in whole or in part by Consultant pursuant to this Agreement, Consultant will include the numbers and dollar amounts of related contracts or subcontracts as further specified by Government Code Section 7550.
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6 7.4. Records of Performance. Consultant will maintain adequate records of performance under this Agreement (including Services provided, invoices for payment, and payments received) and make these records available to the City for inspection, audit, and copying, during the term of this Agreement and until four years after the Agreement has expired or been terminated.

7.5. Electronic Communications. Consultant will use reasonably good faith efforts to avoid transmitting electronic viruses or other damaging coding, and will promptly advise the City if Consultant discovers that an electronic virus or similar destructive coding may have been transmitted to theCity.

8. Copyrights/Patents. In performing the Services under this Agreement, Consultant will not unlawfully infringe on any copyrighted or patented work.

Consultant is solely responsible forthe cost of any authorizations necessary to use any copyrighted or patented work.

9. ACCIDENT REPORT. If any death, personal injury, or property damage occurs in connection with the performance of the Services, Consultant will promptly submit to the City Clerk’s Office a written notice of the incident of damage with the following information:

9.1. A description of the damage including date, time, and location, and whether any City property was involved.

9.2. Name and contact information of any witness.

9.3. Name and address of the injured or deceased person(s); and

9.4. Name and address of Consultant’s insurance company.

10. INDEMNIFICATION. To the full extent permitted by law, Consultant will indemnify, hold harmless, release, and defend the City (including its officers, elected or appointed officials, employees, volunteers, and agents) from and against any and all liability or claims (including actions, demands, damages, injuries, settlements, losses, or costs [including legal costs and attorney's fees]) (collectively, “Liability”) of any nature, arising out of, pertaining to, or relating to Consultant’s negligence, recklessness, or willful misconduct in the performance of this Agreement. Consistent with Civil Code Section 2782, Consultant will not be obligated to indemnify City for the proportionate share of the Liability caused by the City’s active negligence, sole negligence, or willful misconduct. To the extent that Services are “design professional services,” as defined by Civil Code Section 2782.8, the cost to defend charged to the Consultant will not exceed the Consultant’s proportionate percentage of fault. Consultant’s indemnification obligations under this Agreement are not limited by any limitations of any insurance held by Consultant, 127
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7 including, but not limited to, workers’ compensation insurance.

11.INSURANCE. Without limiting Consultant’s indemnification obligations in section 10, Consultant will procure and maintain throughout the period of this Agreement, the following policies of insurance and endorsements from insurers (if other than the State Compensation Fund) with a current A.M. Best rating of no less than A:VII or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subcontractors:

10.1. General Liability Policy. Comprehensive or Commercial GeneralLiability Insurance (“CGL”) at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an amount of $1,000,000 per occurrence. If the Services involve explosive, underground or collapse risks, XCU will be included. If a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement, or the general aggregate will be twice the required occurrence limit.

10.2. Automobile Liability Policy. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident, combined single limit.

10.3. Workers’ Compensation. Workers’ Compensation insurance meeting statutory limits ofthe Labor Code. The workers’ compensation policy will contain or be endorsed to contain a waiver of subrogation against the City, its officials, officers, agents, and employees.

10.4. Professional Liability. Professional liability insurance insuring against Consultant’s errors and omissions in performing the Services, with a policy limit of at least $1,000,000. The professional liability insurance will include prior acts coverage sufficient to cover all Services provided by Consultant, and which will remain in effect for four years following expiration or termination of this Agreement.

10.5. Endorsements. The CGL and automotive liability policies will contain or be endorsed with the following provisions:

10.5.1. The City, its officers, elected or appointed officials, employees, volunteers, and agents, are covered as additional insureds for liability arising out of the operations performed by or on behalf of Consultant. The coverage will containno special limitations on the scope of protection afforded to the City, its officers, officials, employees, volunteers, and agents.

10.5.2. TheConsultant’sinsurance is primary, and no insurance held by theCity will be called upon to contribute to a loss.

10.5.3. The inclusion of more than one insured will not operate to impair or 128
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8 limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured.

10.6. All Policies.

10.6.1. For all insurance policies required under this Agreement, prior to the City’s execution of this Agreement, Consultant will furnish the City with certificates and original endorsements effecting the required coverage. Each certificate of insurance will state that the coverage afforded by the policy or policies will not be reduced, cancelled, or allowed to expire without at least 30 days written notice to City, unless due to non- payment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail. Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as approved by City’s Risk Manager.

10.6.2. Any deductible or self-insured retention of $100,000 or more will be disclosed to the City prior to the City’s execution of this Agreement and is subject to approval by the City.

10.6.3. If Consultant does not keep all required insurance policies in full force and effect, the City may, in addition to other remedies under this Agreement, terminate or suspend this Agreement.

12. CONFLICTS OF INTEREST. Consultant warrants that as of the Effective Date of this Agreement it has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Services.

Consultant further warrants that in the performance of the Services, Consultant will not employ or enter into a subcontract with any person or entity having any such conflict of interest.

12.1. Financial Interest. Consultant will not make or participate in making or in any way attempt to use Consultant’s position to influence a City decision in which Consultant knows, or has reason to know, Consultant has a financial interest other than the compensation promised by this Agreement. Consultant represents that it has diligently conducted a search and inventory of its financial interests, as defined in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant’s knowledge, have a financial interest that would conflict with Consultant’s duties under this Agreement.

Consultant will immediately notify the City in writing if Consultant learns of a financial interest that may conflict with Consultant’s obligations under this Agreement.

12.2.Covenant Against Contingent Fees. Consultant warrants that it has not employed, retained, or entered into a contract with any person or entity, other than a 129
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9 bona fide employee working for the Consultant, to solicit or secure this Agreement; and that it has not paid or agreed to pay any person or entity, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the making of this Agreement. For breach or violation of this warranty, the City may void this Agreement without liability or any further obligation to Consultant, or, alternatively, may elect to deduct from payments due or to become due to Consultant, the full amount ofsuch fee, commission, percentage, brokerage fee, gift, or other consideration.

12.3. Statement of Economic Interest. If the City determines Consultant (or any of its employees or subconsultants) is subject to disclosure requirements under the Political Reform Act (Government Code section 87100 et seq.), Consultant (including any required employees or subconsultants) will complete and file a “Statement of Economic Interest” (Form 700) with the City Clerk’s Office disclosing Consultant’s financial interests.

13. COMPLIANCE WITH LAW.

13.1. Legal and Licensing Compliance. Consultant will comply with allapplicable federal, state, and local laws, rules, and regulations related to the Services under this Agreement. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses (including, but not limited to, the City of Oroville business license), permits, qualifications, and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession or perform the Services.

13.2. Nondiscrimination. At all times during the term of this Agreement, Consultant will comply with all applicable federal, state, and local laws, rules, and regulations prohibiting discrimination based on race, ethnicity, color, national origin, religion, marital status, age, sex, sexual orientation, disability (including any physical or mental impairment that substantially limits a major life activity), medical condition, or any protected class.

13.3. Taxes. Consultant will file tax returns as required by law and pay all applicable taxes on amounts paid pursuant to this Agreement. Consultant will be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes.

13.4. Provisions Deemed Inserted. Every provision of law required to be inserted or referenced in this Agreement will be deemed to be inserted or referenced. 130
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10 14. GENERAL PROVISIONS.

14.1. Headings. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be consideredas controlling, enlarging, or restricting the interpretation of the Agreement.

14.2. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement will be construed as not containing that term, and the remainder of this Agreement will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.

14.3. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of Butte.

14.4. Attorney’s Fees. If any litigation is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.

14.5. Assignment and Delegation. This Agreement will not be assignedor transferred in whole or in part, nor will any of the Consultant’s duties be delegated, without the City’s prior written consent. Any attempt to assign, transfer, or delegate this Agreement, in whole or any part, without the City’s prior written consent will be void and of no force or effect. Any consent by the City to one assignment, transfer, or delegation will not be deemed to be consent to any subsequent assignment, transfer, or delegation.

14.6. Modifications. This Agreement may not be amended or modified orally.

No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.

14.7. Waivers. No waiver of a breach, default, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty. Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement.

14.8. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. If any provision in any document 131
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11 attached or incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.

14.9.Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, and to consult with its respective legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code Section 1654 will not apply to interpret any uncertainty in the meaning of the Agreement.

15. SIGNATURES.

15.1.Counterparts. This Agreement may be executed in counterparts, each one of which is deemedanoriginal, but all of which together constitute a single instrument.

15.2. Signatures. The individuals executing this Agreement represent andwarrant that they have the right, power, legal capacity, and authority to enterinto and to execute this Agreement on behalf of the respective legal entities of the Consultant and the City. 132
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12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective on the Effective Date set forth below.

CITY: CONSULTANT:

CITY OF OROVILLE, a California charter city Alpha CM, Inc.

By: By:_________________________
David Pittman, Mayor Brian Danley
ATTEST: By:

Kayla Reaster, City Clerk
Date:

APPROVED AS TO FORM:

David Ritchie, City Attorney
________________________________
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Total Bid
$ 420,012.00
NTE of an additional $23,240 discovered during
proposal review and interview process. Total
would be $443,252.
$ 562,820.00
$ 425,470.00
$ 586,507.00
$ 509,836.48
Construction Management Services on the Hewitt Park Renovation Project Bids received 24 February at 1200
Contractor

INTERWEST
CONSOR
Alpha CM
Trover
Ghiradelli
134
Item 8.

Proposal for
Hewitt Park Renovation Project
Construction Management Services

CITY OF OROVILLE
FEBRUARY 24, 2025
Submitted by
135
Item 8.

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services i
2200 E. Bidwell St., Ste 105
Folsom, CA 95630
916.866.4180
www.alphacminc.com
February 24, 2025
Tim Kaber, PE, Project Manager
City of Oroville
Department of Public Works
1735 Montgomery Street
Oroville, CA 95965
RE: Hewitt Park Renovation Project
Construction Management Services Proposal
Dear Mr. Kaber:

The renovated Hewitt Park will be a jewel in the City of Oroville’s park system. It will be a place of activity and tranquility for the young and not so young. It’s an ambitious project that will require professionalism and finesse to deliver its variety of facilities.

Alpha CM, Inc., has the resources, qualifications, and experience to deliver this important community asset. Established in 2021, we provide construction management and inspection services solely to northern California cities, counties, and special districts We specialize in all types of public infrastructure including parks and recreation facilities, transportation and transit facilities, and water/wastewater/stormwater projects. We have extensive experience managing a wide variety of state and federal grants and LAPM projects.

Our proposed construction manager/inspector, Brad Chadwick, brings more than 40 years of pertinent construction management, inspection, and special inspection experience. He has managed parks and recreation and facilities projects throughout the western states. He is also a certified building inspector in several disciplines. He is currently managing a transit facility project for the Napa Valley Transportation Authority. Brad will be our on-site presence with as-needed support for certified playground safety inspection and materials testing.

We acknowledge reading the Questions/Answers posted on Public Purchase.

We take no exceptions to City’s standard consultant agreement or insurance requirements.

Please contact me at (925) 407-5188 or [email protected] for anything regarding this proposal. We look forward to discussing our qualifications with you and how we can be of services to the City of Oroville.

Regards,
Alpha CM, Inc.

Brian A. Danley, PE, QSD/P, LEED AP
Vice President

TRANSMITTAL LETTER
136
Item 8.

Table of Contents
TRANSMITTAL LETTER i

7.1 PROPOSER’S CERTIFICATION FORM 1

7.2 PROPOSER’S BACKGROUND 2

7.3 QUALIFICATIONS 3

7.3.1 Relevant Experience 3

7.3.2 Relevant Education 7

7.3.3 Responsiveness to Project Requirements 8

7.3.4 Affirmative Action Statement 8

7.4 PROJECT PERSONNEL AND AVAILABILITY 8

7.5 PROJECT APPROACH 18
Understanding 18
Scope 18

7.6 REFERENCES 19

7.7 SCHEDULE 19

7.8 COST PROPOSAL 21

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 137
Item 8.

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 1 7.1 PROPOSER’S CERTIFICATION FORM
3 REQUEST FOR PROPOSALS (RFP)

CONSTRUCTION MANAGEMENT SERVICES ON

THE HEWITT PARK RENOVATION PROJECT

PROPOSAL CERTIFICATION FORM
NOTE: PLEASE ENSURE THAT ALL REQUIRED SIGNATURE BLOCKS ARE COMPLETED. FAILURE TO SIGN THIS FORM WILL RENDER YOUR PROPOSAL INVALID.

Issue Date January 24, 2025
Issuing Agent City of Oroville
Proposal Due Date February 24, 2025, 12:00 PM City Hall Proposals Directed To Tim Kaber, PE, Project Manager
Number of Proposal Copies Three (3) hard copies and one (1) electronic copy In compliance with this Request for Proposals and to all conditions imposed herein, the undersigned offers and agrees to furnish the services in accordance with the attached signed proposal or as mutually agreed upon by subsequent negotiation. By signature hereto, the proponent certifies that all representations and certifications contained in its proposal are complete and accurate as required.

Name of Firm Alpha CM, Inc.

Address of Firm 2200 E. Bidwell Street, Suite 105, Folsom, CA 95630 Contact Name Brian Danley
Signature
Title Vice President
Date February 24, 2025
Phone Number 925-407-5188
Alternate Phone Number (optional)
FAX Number
Federal Employee ID Number 88-0563089
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7.2 PROPOSER’S BACKGROUND
Alpha CM, Inc., established in 2021, provides construction management (CM) and inspection services exclusively to northern California cities, counties, and special districts. Our outstanding staff understands the procedures, intricacies, and protocols of public infrastructure construction. Alpha CM is eager, ready, and able to assist public agencies from project inception through completion.

Our mission is the successful delivery of community and environmental enhancement projects while providing a rewarding and satisfying workplace for our staff. We understand that in order to be the best provider of CM and inspection services it is paramount to attract and retain the highest caliber talent. We aim to be the company that attracts the best and the brightest which translates to excellent service for your projects.

Alpha CM provides services solely on public infrastructure projects for cities, counties, special districts, state, and federal agencies. Current and recently completed projects include:
⬗ Napa Valley Transportation Authority - Soscol Gateway Transit Center Improvements Project ⬗ East Bay Regional Park District - McKay Avenue Utilities, Crown Beach Trail Rehabilitation, and Restroom Facilities ⬗ City of Napa - Redwood Road Water Main CIPP Rehabilitation ⬗ Las Gallinas Valley Sanitary District - Smith Ranch Pump Station Improvements ⬗ Alameda County Water District - Rubber Dam No.1 and Fishway ⬗ City of Rohnert Park - A & B Sections Neighborhood Utilities Projects ⬗ Hidden Valley Lakes Community Services District - Emergency Generators Installation ⬗ City of Napa - Laurel Street 36-inch Water Main Replacement ⬗ Napa Pipe Development - Underground Utilities and Surface Improvements Inspection ⬗ City of San Rafael - San Quentin Stormwater Pump Station Replacement ⬗ San Juan Water District - Lime Silo and Thickener Improvement Project ⬗ Oro Loma Sanitary District - 40-Mile Sewer Mainline Rehabilitation Program ⬗ City of San Leandro - Wastewater Treatment Plant Energy Efficiency and Resiliency Project ⬗ Delta Diablo - Manhole, Gravity Interceptor, and Easement Road Improvements Services offered include:
l Bidding Assistance l Inspection/Quality Assurance l Project Closeout l Biddability/Constructability Reviews l Resident Engineering l Claims Mitigation & Support l Scheduling l Cost Estimating
We are on-call with the following agencies:
l Yolo County l City of Lincoln l Napa Valley Transportation Authority l El Dorado County l Butte County l City of San Rafael l Dublin San Ramon Services District l City of Orinda l City of Pinole l Sonoma County l City of Napa Water Department l Contra Costa County

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 2 139
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CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 3 7.3 QUALIFICATIONS

7.3.1 Relevant Experience
Soscol Gateway Transit Center Improvements Project
Agency: Napa Valley Transportation Authority, Napa, CA
Construction Amount: $569K
Key Staff: Brian Danley, Project Principal; Brad Chadwick, Construction Manager The $569K project includes the addition of two offices, meeting space, wellness room, restroom with toilet and shower and expanded bus driver break room. Also includes sound attenuation in office spaces. Work conducted while center is in use by staff and public. Phase relocation assistance, work coordination and maintaining noise zones are priorities.

Backup Power Reliability
Agency: Hidden Valley Lake Community Services District, Hidden Valley Lake, CA Construction Amount: $2M
Key Staff: Brian Danley, Project Principal; Dave Latona, Construction Manager The project consists of demo and replacement of existing controls building, controls (MTS, ATS, Loadbank) and installation of two new generators. Also new foundations, lift station upgrade and security fencing. Project requires system operations uninterrupted with a short commissioning phase and shutdown window to transfer to new controls. Required coordination with County, District and Graton Tribe. Project is funded through Hazard Mitigation Grant Program (HMGP) / FEMA.

A&B Sections Neighborhood Utility Improvement Project
Agency: City of Rohnert Park Public Works, Rohnert Park, CA Construction Amount: $6M
Key Staff: Brian Danley, Project Principal; Dave Latona, Construction Manager The City’s A&B Sections Neighborhood Utility Improvement Project generally consisted of the replacement and repairs of portions of watermain and several sewer mains, replacement of sewer manhole covers, installation of new sewer manholes, Asphalt Concrete (AC) trench paving, AC paving, traffic striping and pavement markings, concrete gutter repairs, and retrofits of existing pedestrian sidewalk access ramps in the “A” & “B” neighborhood section of the City. The sewer work included the repair of sewer main pipes and lower sewer service lateral repairs via Cured In Place Pipe (CIPP) technique as well as open trench technique. The water work included replacement of a portion of water main via open trench and included new water services, water valves and fire hydrants.
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CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 4 Napa Pipe Development Project
Agency: Napa Redevelopment Partners, Napa, CA
Construction Amount: $100M
Key Staff: Brian Danley, Project Principal; Dave Latona, Project Manager Providing inspection services for this $100M project consisting of the redevelopment of the Napa Pipe Yard into new housing (residential and commercial) development. Work includes widening and reconstruction of Highway 221 at Kaiser Road, including construction and reconstruction of signalized intersections. The project includes the deconstruction/demo of three bridges over sensitive Napa River waterway and the construction of two new bridges over the Napa River and new road alignment and road widening.

Also included are construction of two new roundabouts, mass grading, land development, new utilities, and tie-ins (gas, potable, sewer, recycle lines, communications, electrical), neighborhood playgrounds and play structures, dog parks, courts (basketball/tennis), and water features. Piping includes placement of 10,000 LF of 8-24 inch domestic water lines in addition to the placement of HDPE, CMP, Epoxy coated steel pipe in four miles of new streets. The project includes coordination with multiple agencies due to their jurisdiction such as City of Napa, Caltrans, UPRR, Napa Sanitation District, CDF&W, Army Corp. of Engineers, RQWCB, and California Coastal Conservancy.

The following projects were managed by Alpha CM staff with prior firms.

Abel Maldonado Community Youth Center
Agency: City of Santa Maria, Santa Maria, CA
Construction Amount: $4.6M
Key Staff: Brad Chadwick, Assistant Construction Manager/Senior Building Inspector This $4.6 million project built the 26,000 SF youth center which included a multipurpose gymnasium, locker/shower facility, restrooms, fitness/equipment room, social/game room, cafe, kitchen, amphitheater, multimedia room, meeting rooms, offices and foyer/reception area. Other elements included stained concrete hardscape and landscaping areas, parking lots, and public infrastructure to support the facility. Special consideration was needed to minimize inconveniences to the public and keeping the adjacent swimming pool facility in operation during construction.

Laguna Hills Community Center
Agency: City of Laguna Hills, Laguna Hills, CA
Construction Amount: $26M
Key Staff: Brad Chadwick, Senior Building Inspector
Brad was a senior inspector for this new two-phase, $26 million community center and sports complex in the City of Laguna Hills. Phase 1 of this 20-acre site provides the community with softball and little league fields, soccer fields, a roller hockey rink, a skateboard park, pedestrian and bicycle paths and a state of the art children’s playground based on an archeological theme.

Phase II of the project was a two-level, 40,000 sf. community center building.

The major elements of this building included an expansive lobby and plaza area; a 6,442 sf. multi-purpose room; a 14,175 sf. gymnasium; classroom and conference spaces; a kitchen; administrative space and restroom and locker facilities.
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CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 5 Grand Theatre Project
Agency: City of Tracy, Tracy, CA
Construction Amount: $15.2M
Key Staff: Brad Chadwick, Construction Manager
Delivered a bidability/constructability review, contractor qualification and selection assistance, and provided construction management services for the $15.2 million reconstruction and renovation of Tracy’s existing Grand Theatre and adjacent retail/hotel buildings and former city hall/firehouse to create a cultural arts complex. Project included a 560 fixed-seat theatre; theatre and balcony seating; concessions, three art galleries; movement and dance studio; visual arts studios; Responsible for reviewing and processing RFIs, shop drawings, samples and other submittals for completeness and conformance to contract documents. Performed quality control, compliance and quality assurance inspections of construction to meet document specifications.

Responsible for the creation and maintenance of an as-built schedule and monitoring the contractor generated “as-built” drawings.

Responsible for monthly progress summary reports and photos. Reviewed and monitored contractor’s safety program.

Cell House A Seismic Stabilization and Rehabilitation and Repairs Agency: Alcatraz Island Penitentiary/National Park Service/Golden Gate National Recreation Area, San Francisco, CA Construction Amount: $13.6M
Key Staff: Dave Latona, Project Manager
The rehabilitation project included structural and seismic stabilization repairs of the Historic Cell house A and dock repairs. The project also included stringent monitoring protocols of bird roosting zones, native fauna. Assisted in the constructability review phase capturing critical constraints due to permitting stance requiring early amendments. This in turn minimized project cost and impacts prior to bid. During construction, Dave performed assurance oversight as the project manager to maintain contract/regulatory compliance.

He also held cost and schedule ensuring public access within the work area during normal park hours.

Iron Horse Trail Extension
Agency: East Bay Regional Park District, Oakland, CA
Construction Amount: $4M
Key Staff: Brian Danley, Project Principal; Dave Latona, Construction Manager This $4M locally assisted project (LAPM) (with FHWA oversight) completed a

1.6 mile gap (7,900 feet) of the 10-foot Iron Horse Trail on the old Southern Pacific Railroad right-of-way and included new signalized intersections along Pleasanton’s arterial routes and along BART’s station and corridor. Project elements included a pedestrian/bicycle trail, three new traffic signalized intersections, ADA crossings and curb ramps, mass grading, RHMA and HMA paving, stormwater enhancements, landscaping. Park enhancements included new volleyball field, basketball courts, tennis courts and play structures. Our team realized the amount of construction equipment needed on-site would create delays along the arterial routes to the BART station. We coordinated with the contractor, BART, City of Pleasanton and EBRPD to negotiate a night schedule, therefore reducing any negative impacts to either the project or park operations. Document control was reviewed by the FHWA Federal Auditors at the end of the project and our record-keeping received praise for its thoroughness and lack of discrepancies. 142
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CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 6 On-Call Project and Construction Management Services
Agency: City of Berkeley - Parks, Recreation & Waterfront Department, Berkeley, CA Construction Amount: $6M
Key Staff: Brian Danley, Project Principal
Under two master agreements, Alpha CM staff provided project and construction management services for the City of Berkeley’s facilities projects under Parks, Recreation and Waterfront Department and the Public Works Department. Projects included deferred maintenance repairs, renovations and new construction. Managed more than 15 task orders for projects including:
restroom and parking lot at Windsurf area, Ohlone Dog Park, Gilman Fields re-turf, James Kenney Center seismic improvements, Grove Park improvements, mental health facilities, Bahia Child Care Center and tide tube cleaning at Aquatic Park.

McKelvey Park Detention Basin
Agency: Valley Water (formerly Santa Clara Valley Water District), San Jose, CA Construction Amount: $43M
Key Staff: Brian Danley, Project Principal; Dave Latona, Construction Manager Provided Valley Water with full construction management services including construction management, and inspections. Project consisted of the construction of a new multi-use water detention basin in the City of Mountain View. The Detention Basin was in excess of 4.5 acres, 18-foot deep with a storage capacity of over 3.5million gallons of water. The top (roof) of the detention facility had two lighted ballparks constructed with concessions, two new playgrounds with new play structures, synthetic turf, artistic play features, and a .7-acre play park. Project also included a new pumping station, new park buildings (meeting rooms, scorekeepers shack, and concessions stand). Project elements included major utility relocations on arterial streets such as Shoreline Ave., PG&E primary bypass, undergrounding, and aerial relocating. There were major street closures and reconstruction of the Park Drive/Miramonte Avenue intersection. There was extensive traffic and pedestrian controls, and removal of 100,000 CY of material in addition to hazardous waste removal. The work required close coordination with the City of Mountain View, RQWQCB, adjacent schools, businesses, and a concert venue. .
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CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 7 7.3.2 Relevant Education

DAVE LATONA, AED, ENV SP, QSD
Project Manager
Education
§ Undergraduate Studies, Civil Engineering
§ Undergraduate Studies, Geomorphic & Ecological Fundamentals Certifications
§ California Stormwater Quality Association (CASQA)
§ Qualified SWPPP Developer (QSD)
§ Certified Professional in Erosion and Sediment Control (CPESC) § American Ecological Engineering Society (AEES)- Ecological Designer (AED) § Institute for Sustainable Infrastructure (ENV SP)

BRAD CHADWICK
Construction Manager / Inspector
Education
§ Business Administration
§ Business Information Systems, Utah State University
Training/Certifications
§ CABO Certified Building Official
§ AVS Associated Value Specialist SAVE International
§ ICC/ICBO Certified for over 20 years: Building Official, Building Inspector, Plans Examiner, Building Code Accessibility/Usability Specialist Accessibility Inspector/Plans Examiner, Plumbing Inspector § IAMPO Certified Plumbing Inspector
§ CPTED – Crime Prevention through Environmental Design § IPMP – Systematic Development of Informed Consent
§ Class B General Contractor, CA # 596879 RETIRED
BRIAN DANLEY, P.E., LEED AP, QSD/QSP
Project Principal
Education
§ MBA, Business Administration
§ B.S. Civil Engineering
Registrations
§ Professional Civil Engineer: California, License No. C30347 Certifications
§ Qualified SWPPP Developer/ Practitioner
§ LEED Accredited Professional
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7.4 PROJECT PERSONNEL AND AVAILABILITY
In developing our team, we considered experience and expertise with parks and recreation facilities, sports fields, equipment, and restroom facilities. Also, with state grant funds, additional labor compliance monitoring is required.

Given the scope and duration of the work we developed the team detailed in the attached organization chart. We contemplate the need for a full-time construction manager/inspector that will be supported by a Certified Playground Safety Inspector (CPSI) on an as-needed basis.

Project oversight, contract administration, scheduling/estimating, labor compliance and materials testing will be on an as-needed basis.

Our construction manager/inspector will be Brad Chadwick who brings more than 40 years of project and construction management, value engineering, and special inspection/code compliance experience. Brad has managed and inspected numerous similar facilities with sensitive user/construction interfaces including the Abel Maldonado Community Youth Center in Santa Maria and the Laguna Hills Community and Sports Center. He works well with the public and facilities managers, an aspect that will be critical for project success.

Certified Playground Safety Inspector (CPSI) will be provided during equipment installation. Alpha CM currently has staff in the certification process.

Consolidated Engineering Laboratories (CEL) will provide materials testing services.

Contractor Compliance Monitoring, Inc. (CCMI), will provide labor compliance monitoring services. We have worked with them on several projects for the East Bay Regional Park District. They are a nationally recognized leader in labor compliance monitoring.

Dave Latona will provide as-needed project management services and serve as Brad’s backup. Dave has extensive experience with national, State and local park projects.

Brian Danley, PE, QSD/P, will be our project principal and provide project oversight. He is available to step in as Brad’s backup construction manager if necessary. Brian brings more than 40 years of public infrastructure program/project/construction management and design experience including park projects for the East Bay Regional Parks District and the Cities of Berkeley, Tracy, Gilroy and Commerce. He is also providing oversight and contract management for the City of San Rafael’s San Quentin Pump Station Project.

Project Principal
Brian Danley, PE, QSD/P
Tim Kaber
Project Manager
Materials Testing
CEL
Construction Manager / Inspector
Brad Chadwick
Certified Playground
Safety Inspector (CPSI)
As-Needed
Labor Compliance
(As-Needed)
CCMI
Scheduler/Estimator
(As-Needed)
Dan Scholz
Project Manager
Dave Latona, AED, ENV SP, QSD

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 8 7.3.3 Responsiveness to Project Requirements
Alpha CM has never failed to effectively respond to contractual obligations and we have never been involved in arbitration or litigation or had a contract canceled. We understand that flexibility and creativity are essential in responding to changing and evolving project conditions.

This proposal has been prepared according to the outline provided on pages 14 and 15 of the Request for Proposals dated January 24, 2025.

7.3.4 Affirmative Action Statement
Alpha CM does not discriminate against any prospective employees on any basis. We hire based on merit and all are encouraged to apply. We encourage applications from veterans and retired first-responders! 145
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Brian Danley has more than 45 years of diverse construction management, program management and design experience on wastewater and public infrastructure projects.

He is an expert in project development and delivery on a broad array of public agency projects. Brian brings a perspective that emphasizes collaboration, and that collaboration has resulted in numerous successful projects and satisfied clients.

RELEVANT EXPERIENCE
„ East Bay Regional Park District, McKay Avenue Utilities and Street Restoration, Crown Beach Trail Rehabilitation and New Restroom Amenities: $1.3M. Project Principal. Project includes the following: Remove or abandon-in-place brick manholes and gravity sewer piping. Remove or abandon-inplace potable water piping connected to neighboring property. Remove a single-stall wood restroom building at the south end of McKay Ave. Remove a single-stall wood restroom building and a double-stalls wood restroom building at the east end of Memory Lane. Demolish EBRPD SS lift station and replace it with a new adjacent SS lift station. Renovate Visitor Center crawl space sewerage piping and connect it to the new SS lift station. Install new SS manholes, gravity SS lines and SS force main. Install a four-stall CXT restroom building. Remove or abandon-in-place brick manholes and gravity sewer piping.
„ City of Gilroy, Capital Improvement Program: $39M. Program Manager. This five-year capital improvement program included multiple water pipeline and storage projects, pipeline infrastructure, municipal buildings, bridges, roads, parks, and utilities. Brian managed more than 30 task orders during his 2-year tenure in this position. He was responsible for the production of new standard city boilerplate specifications, which the City continues to use to this day. The specifications included streamlined management procedures for both field management and change order management, greatly reducing disputes.
„ City of Tracy, Capital Improvement Program: $150M. Assistant Program Manager/ Construction Manager. Program consisted of approximately 100 expansion and renovation public works projects, including the expansion of the City’s water treatment plant and distribution system, 20-miles of arterial streets, police station and city hall, improvements to the storm drainage system, and construction of over 30 parks. Maintained full responsibility for construction management, design consultant management, preparation of monthly program reports, cash flow analyses, project scheduling, and all other aspects of construction administration for this multi-year program. His involvement in the selection of the numerous design consultants included preparing the Request for Proposals and sitting on the selection committee. „ City of Commerce, Civic Center: $35M. Program Manager. This project included a library, community center, senior center, city hall/emergency operating center, post office, and park. Served during the project’s design phase and initial construction phase. Managed the constructability review and value engineering analyses, as well as development of the phasing plans. The City struggled with keeping the project within budget. The architect and City staff wanted to continue adding amenities without adjusting the budget. Developed a budget that all parties agreed to adhere to. Developed bid alternates to reduce costs.
„ City of Berkeley, Berkeley Marina Roadway Improvements Project: $6M. Contract Manager. Provided construction management and inspection for this $6 million project which included the reconstruction of all the streets at the Berkeley Marina and the realignment of University Avenue. Project involved street and parking rehabilitation which included Full Depth Reclamation (FDR); grind and overlay, removal of concrete curb, gutters, and sidewalks; signs; streetlights; trees, install new ADA sidewalks and ramps, bus stop pads, repave over the FDR and ground out sections of existing AC, new Bioretention basins, adjust existing utilities, install new street lighting, pervious parking stalls, new roundabout, and landscaping.

Brian Danley
P.E., LEED AP, QSD/P
Project Principal
Years of Experience
§ 45
Education
§ MBA, Business Administration
§ B.S. Civil Engineering
Registrations
§ Professional Civil Engineer:

California, License No. C30347
Certifications
§ Qualified SWPPP
Developer/ Practitioner
§ LEED Accredited Professional
Professional Affiliations
§ California Water Environment
Association (CWEA)
§ California Stormwater Quality
Association (CASQA)
§ California Association of
Sanitation Agencies (CASA)
§ Bay Area Water Works
Association (BAWWA)
§ American Society of Civil
Engineers (ASCE)
§ American Public Works
Association (APWA)
§ Mt. View Sanitary District
Board of Directors

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 9 146
Item 8.
(Brian Danley, cont’d)
„ City of Berkeley, Various Projects: $1.7M. Project Manager. Provided project oversight services for the Parks, Recreation and Waterfront and Mental Health Services. Projects included: James Kenney Community Center seismic upgrades, Ohlone Dog Park renovation, Bahia Childcare Center improvements, Rose Garden Trellis, and Adult Mental Health Clinic. „ City of Orinda, San Pablo Culvert Repair Project: $1.9M. Project Principal. This $1.9M project consists of rehabilitating approximately 1500 LF of twin rectangular box culverts that carry San Pablo Creek beneath business parking lots and open areas on the northeast side of Camino Pablo. The concrete inverts of the culverts are in varying states of deterioration from minor surface defects to corrosion and failure reinforcing steel and structural concrete. The existing inverts will be cleaned and abraded and new structural concrete and reinforcing steel will be placed to restore to original condition. A sealer requiring approval of California Department of Fish & Wildlife will be placed on the finished concrete. Steel struts will be added to an open channel section of the creek to shore up tilting sidewalls. „ Hidden Valley Lakes Community Services District, Two New Emergency Generators: $2M. Project Principal. The project involves the installation of pre-purchased fixed generators at the Water Treatment Plant (WTP), and the Greenridge Booster Station (GBS). This project is part of the District’s ongoing effort to harden critical infrastructure against potential future hazards and is funded in part by the Hazard Mitigation Grant Program (HMGP). „ Mountain View Sanitary District, Moorhen Marsh Restoration: $5.6M. Director. As a member of the MVSD Board of Directors, Mr. Danley provided oversight and direction for this 2- phase project. Moorhen Marsh provides effluent polishing and is home to special stature species including the Western Pond Turtle. „ Valley Water District, McKelvey Park Detention Basin Project: $30.1M. Project Principal. Project consisted of the construction of a new multi-use water detention basin in the City of Mountain View. The Detention Basin was in excess of

4.5 acres, 18-foot deep with a storage capacity of over 3.5million gallons of water. The top (roof) of the detention facility had two lighted ballparks constructed with concessions and a .7-acre play park. Project also included a new pumping station, new park buildings (meeting rooms, scorekeepers shack, and concessions stand). „ Las Gallinas Valley Sanitary District, Lower Miller Creek Channel Maintenance: $1.2M. Construction Manager.

Project included channel dredging, shaping, and restoration to provide flood control and protect wastewater treatment plant from sea level rise. Project was under jurisdiction of several environmental permits.

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 10 147
Item 8.

Dave Latona has over 25 years of experience in providing project and program management on water resources and capital improvement projects throughout Northern California. Dave has developed close, personal working relationships with many public agencies and has provided leadership to over $500 million in infrastructure projects.

Dave has managed environmental remediation, stream restoration, flood control, and historical structural stabilization, bridges, roads, air traffic, and treatment facility projects. He has worked with clients such as Valley Water District, National Park Services, San Francisco Public Utilities Commission, Department of Defense, and Caltrans.

RELEVANT EXPERIENCE
„ Valley Water District, McKelvey Park Flood Detention Basin: $30.9M.

Project Manager/Resident Engineer. Provided biddability review, bid assistance, and construction management services for this detention basin and sports facility. The project was a high-profile project along Shoreline Ave, consisting of the creation of a detention basin with three new sports facilities built on top of it. Project involved city, county, and 3rd party coordination with local businesses and schools. „ East Bay Regional Park District (EBRPD), Iron Horse Regional Trail Improvement: $5.3M. Construction Manager: This locally assisted project (LAPM) with FHWA oversight completed a 1.6-mile gap (7,900 feet) of the 10-foot-wide Iron Horse Trail on the old Southern Pacific Railroad right-of way and included new signalized intersections along Pleasanton’s arterial routes and along BART’s station and corridor. Project elements included pedestrian/bicycle trail, three new traffic signalized intersections, ADA crossings and curb ramps, mass grading, RHMA and HMA paving, stormwater enhancements, landscaping, and park enhancements. Dave immediately realized the amount of construction equipment needed onsite would create delays along the arterial routes to the BART station. He coordinated with the contractor, BART, City of Pleasanton and EBRPD to negotiate a night schedule, therefore reducing any negative impact to either the project or park operations. Dave’s document control was reviewed by the FHWA Federal auditors at the end of the project, and he was told that his record keeping was very thorough without any discrepancies. „ Alcatraz Island Penitentiary/National Park Service/Golden Gate National Recreation Area, Cell House A Seismic Stabilization and Rehabilitation and Repairs: $13.6M. Project Manager. The rehabilitation project included structural and seismic stabilization repairs of the Historic Cell house A and dock repairs. The project also included stringent monitoring protocols of bird roosting zones, native fauna. Assisted in the constructability review phase capturing critical constraints due to permitting stance requiring early amendments. This in turn minimized project cost and impacts prior to bid. During construction, Dave performed assurance oversight as the project manager to maintain contract/ regulatory compliance. He also held cost and schedule ensuring public access within the work area during normal park hours. „ Napa Redevelopment Partners, LLC c/o Catellus Development Corporation, Napa Pipe Development Project:
$100M. Inspector. This ongoing project consists of the redevelopment of the Napa Pipe yard into new housing (residential and commercial) development. Work includes clearing and grubbing/debris removal, demo three existing bridges and construction of two new bridges, two new roundabouts, mass grading, land development, new utilities and tie-ins (gas, potable, sewer, recycle lines, communications, electrical). Piping includes placement of 24-inch to 8-inch domestic water lines ~10,000LF in addition to the placement of HDPE, CMP, Epoxy coated steel pipe. The project includes coordination with multi agencies due to their jurisdiction such as City of Napa, Napa San, CDFW, Army Corp, RQWCB, Coastal Conservancy, Caltrans jurisdiction, as well as UPRR.
„ Alameda County Water District, The Main Renewal - Central Newark Thornton Avenue Project: $11.8M. Project Manager. Includes replacement of the existing water main on Thornton Avenue between Cedar Boulevard and Cherry Street.

Dave Latona

ENV SP, AED, QSD
Project Manager
Years of Experience
§ 25
Education
§ Undergraduate Studies,
Civil Engineering
§ Undergraduate
Studies, Geomorphic &
Ecological Fundamentals
Certifications
§ California Stormwater Quality
Association (CASQA)
§ Qualified SWPPP
Developer (QSD)
§ Certified Professional in Erosion
and Sediment Control (CPESC)
§ American Ecological Engineering
Society (AEES)- Ecological
designer (AED)
§ Institute for Sustainable
Infrastructure (ENV SP)
Professional Affiliations
§ American Membrane Technology
Association (AMTA)
§ American Water Works
Association (AWWA)
§ American Public Works
Association (APWA)

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 11 148
Item 8.

The Project area is currently served by a 12-inch asbestos-cement pipe (ACP) and several branch connections off Thornton Avenue are 8-inch ACP. Project includes installation of approximately 980 linear feet of 8-inch and 880 linear feet of 12-inch cement lined and dielectrically coated steel pipe, 3700 linear feet of 12-inch Certa-lok restrained joint (RJ) PVC, and service laterals of various sizes, and associated appurtenances. The proposed pipeline will be installed within the existing roadway right-of-way and will cross multiple intersections. The proposed pipeline will be installed by open-cut trenching methods. „ San Francisco Public Utility Commission (SFPUC), Bio Habitat Restoration Projects: $64M. Construction/Project Manager. Dave worked with the SFPUC on seven projects, providing oversight of mitigation projects for the $75 million Calaveras Dam ($64 million in mitigation projects). Work included 4.5-mile stream restoration, three new bridges, 60 panel solar array system, and the establishment of seasonal and perennial wetlands consisting of over 3.5 million vegetation plantings in a highly archaeological sensitive location, and stringent environmental compliance. Dave served as the main point of contact with the client, facilitating regular meetings. He provided quality assurance, managed contract administration services, dispute resolution, and claims processing, project communications (reporting and coordinating with the contractor), submittals processing, value concept engineering change proposals, estimate review, and cost and schedule control. SFPUC was so impressed with Dave’s estimating capabilities that they began utilizing him as the estimator for all projects. „ Town of Windsor, Airport-Larkfield-Wikiup Sanitation Zone/Windsor Water District Sewer Interconnect Project:
$925K. Construction Manager. Project elements include a sanitary sewer force main installation, including trenching, backfill and asphalt pavement, curb and gutter replacement, coordination with existing underground utilities, and associated work within the project site, and other ancillary work necessary to complete the work. „ City of Orinda, San Pablo Culvert Repair Project: $1.9M. Construction Manager. City of Orinda, San Pablo Culvert Repair Project: $1.9M. Inspector. This $1.9M project consists of rehabilitating approximately 1500 LF of twin rectangular box culverts that carry San Pablo Creek beneath business parking lots and open areas on the northeast side of Camino Pablo. The concrete inverts of the culverts are in varying states of deterioration from minor surface defects to corrosion and failure reinforcing steel and structural concrete. The existing inverts will be cleaned and abraded and new structural concrete and reinforcing steel will be placed to restore to original condition. A sealer requiring approval of California Department of Fish & Wildlife will be placed on the finished concrete. Steel struts will be added to an open channel section of the creek to shore up tilting sidewalls.
„ City of Rohnert Park Public Works, A & B Sections Neighborhood Utility Improvement Project: $6M. Construction Manager. The project generally consists of the replacement and repairs of portions of watermain and several sewer mains, replacement of sewer manhole covers, installation of new sewer manholes, Asphalt Concrete (AC) trench paving, AC paving, traffic striping and pavement markings, concrete gutter repairs, and retrofits of existing pedestrian sidewalk access ramps in the “A” & “B” neighborhood section of the City. The sewer work includes the repair of sewer main pipes and lower sewer service lateral repairs via “cured in place pipe” (CIPP) technique as well as “Open Trench” technique. The water work includes replacement of a portion of water main via “Open Trench” and will include new water services, water valves and fire hydrants. „ Hidden Valley Lakes Community Services District, Two New Emergency Generators: $2M. Project Principal. Alpha CM is providing construction management and inspection services. The project involves the installation of pre-purchased fixed generators at the Water Treatment Plant (WTP), and the Greenridge Booster Station (GBS). This project is part of the District’s ongoing effort to harden critical infrastructure against potential future hazards and is funded in part by the Hazard Mitigation Grant Program (HMGP).
„ Valley Water District, Rancho San Antonio: $19.5M. Construction Manager. As project manager for the San Antonio Creek Restoration and Goldfish Pond projects, Dave reduced the original two-year schedule for each project to just a little over one year – even with the biological restraints. Dave suggested that the planting and restoration process occur simultaneously for the San Antonio Creek Restoration project, contributing to a significant reduction in the schedule. Work on the Goldfish Pond consisted of increasing the habitat for the red-legged frog. When construction required the use of clays, David suggested additional investigation to locate clays on-site. Avoiding the use of off-site materials saved significant time and money. Eagle nesting at San Antonio Creek required investigation and adjustments to the construction schedule to ensure that the project wasn’t delayed by returning eagles. (Dave Latona, cont’d)

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 12 149
Item 8.

Years of Experience
§ 40+
Education
§ Business Administration
§ Business Information Systems,
Utah State University
Training/Certifications
§ CABO Certified Building Official
§ AVS Associated Value Specialist
SAVE International
§ ICC/ICBO Certified for over 20
years: Building Official, Building
Inspector, Plans Examiner,
Building Code Accessibility/
Usability Specialist Accessibility
Inspector/Plans Examiner,
Plumbing Inspector
§ IAMPO Certified
Plumbing Inspector
§ CPTED – Crime Prevention
through Environmental Design
§ IPMP – Systematic Development
of Informed Consent
§ Class B General Contractor, CA #
596879 RETIRED
Brad Chadwick has over 40 years of construction, project/program/construction management, and inspection experience. He has administered pre-design, design, construction, and commissioning contracts for a myriad of project sizes, types, and delivery methods. He has served as owner’s representative for public agencies and private clients and coordinated projects with architects, engineers, contractors, planning, building, and engineering departments and other public agency officials.

Brad has experience with pre and post project planning, evaluation, and preparation activities such as: public forum roundtable and vignette facilitation; public outreach and consensus development; value engineering; biddability/ constructability review; budgeting/estimating; general condition and technical specification review, preparation & development; RFP and contract preparation & development; design consultant & contractor pre-qualification, project & program development; contract administration; scheduling; agency-training; equipment startup, commissioning facilitation, and warranty follow-up facilitation.

RELEVANT EXPERIENCE
„ Napa Valley Transportation Authority (NVTA), Soscol Gateway Center Improvement Project: $569K. Construction Manager. The $569K project includes the addition of two offices, meeting space, wellness room, restroom with toilet and shower and expanded bus driver break room. Also includes sound attenuation in office spaces. Work conducted while center is in use by staff and public. Phase relocation assistance, work coordination and maintaining noise zones are priorities.
„ City of Woodland, Woodland Police Facility: $11.5M. Construction Manager/Inspector of Record. This $11.5 million, LEED certified, two-building, essential services police facility included state-of-the-art amenities. The main building is a two-story, 44,374SF integrated brick veneer/tilt-up concrete building, housing command, administration, operations, investigations, and traffic. Included in the main building was evidence preparation, processing, and storage areas with a walk-in refrigerator/freezer. The main building contained a four-cell temporary detention area with prisoner processing capability (video imaging and digital fingerprinting), a martial arts/weight training area, locker rooms with shower facilities, two bunk rooms, eight interview/interrogation rooms, restrooms, a full kitchen, as well as a practical community room and EOC (Emergency Operations Center). The second building was a 10,098SF integrated brick veneer/tilt-up concrete service building housing: K-9, bicycle patrol, motor patrol, SWAT, general storage, vehicular evidence/investigation, one unisex restroom and a radio room for controlling an adjacent 80’ monopole radio tower, armory, weapon cleaning area and a 25- yard indoor shooting range. The Woodland Police Facility, in addition to being LEED Certified; won the Sacramento Chapter, APWA project of the year for Division 2 Structures; was named in McGraw Hills’ 2004, Best of California Construction, Civic Division; and was the first Design-Build Police Facility in the State of California. „ City of Tracy, Grand Theatre Project: $15.2M. Construction Manager. Delivered a bid-ability/constructability review, contractor qualification and selection assistance, and provided construction management services for the $15.2 million, adaptive re-use and non-historical reconstruction and renovation of Tracy’s existing Grand Theatre (a former Vaudeville House) and adjacent retail/hotel buildings and former city hall/firehouse to create a cultural arts complex. The project included a 560 fixed-seat theatre with authentic theatre production venues; theatre and balcony seating; concessions, three art galleries; a 100 seat, studio or smaller “Black Box” theater; movement and dance studio; visual arts studios for painting and sculpting; a ceramics studio with damp, glazing, and kiln rooms featuring two (2) gas fire and one (1) electric kilns; and a children’s studio.
„ City of Santa Maria, Abel Maldonado Community Youth Center: $4.6M. Assistant Construction Manager/Senior Building Inspector. This $4.6 million project built the 26,000SF youth center which includes a multipurpose gymnasium, Brad Chadwick
Construction Manager/Inspector

CITY OF OROVILLE
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Proposal For Hewitt Park Renovation Project Construction Management Services 13 150
Item 8.
locker/shower facility, restrooms, fitness/equipment room, social/game room, cafe, kitchen, amphitheater, multimedia room, meeting rooms, offices and foyer/reception area. Other elements included stained concrete hardscape and landscaping areas, parking lots, and public infrastructure to support the facility. „ City of Laguna Hills, Laguna Hills Community Center: $26M. Senior Building Inspector. Brad was a senior inspector for this new, two-phase, $26 million community center and sports complex in the City of Laguna Hills. Phase 1 of this 20- acre site provides the community with softball and little league fields, soccer fields, a roller hockey rink, a skateboard park, pedestrian and bicycle paths and a state of the art children’s playground based on an archeological theme. Phase II of the project was a two-level, 40,000 sf. community center building. The major elements of this building included an expansive lobby and plaza area; a 6,442 sf. multi-purpose room; a 14,175 sf. gymnasium; classroom and conference spaces; a kitchen; administrative space and restroom and locker facilities. „ San Joaquin Regional Transit District, San Joaquin RTD Center: $52M. Senior Construction Manager. This new $52M Bus Maintenance Facility was funded by The Federal Transit Administration (FTA) and various federal and state grants. The project included: Demolition of seven (7) existing buildings including: asbestos, lead and PCB abatement. The construction of a new 102,000 sq. ft. Maintenance Building containing bus/vehicle repair and work areas with amenities. The project also included: a new 40,530 sq. ft. Wash and Fuel Building containing a bus tire repair area; offices; equipment and storage rooms; bulk fluid storage, distribution and management systems; an outside area with canopy above for bus/vehicle wash; steam cleaning with a parallelogram lift for steam cleaning the undercarriages of busses; 4 diesel fuel islands, 1 unleaded fuel island; and 2 in-ground brake Inspection pits. Brad was responsible for the review and processing of owner related RFIs, maintaining a mirror documentation of the subcontractor generated RFIs to the design-build team, design-build contractor submitted shop drawings, samples and other material submittals. He performed quality control, compliance and quality assurance observations of construction activities to assure contract document and technical specification compliance by the design-build team. He was responsible for monitoring the design-build contractor generated “as-built” drawings, monthly progress summary reports, and project progress photos. He reviewed and monitored the design-build contractor’s safety and SWPPP programs and monitored the weekly project activities and coordination of the design-build contractor and subcontractor start-up activities; and developed and maintained cost, change proposal, and contract change order logs.

Brad facilitated and conducted weekly owner/contractor’s progress meetings, monitored the design-build contractor quality control, provided dispute resolution (as applicable), and reviewed monthly progress payment requests for recommendation to RTD. He was responsible for monitoring the design-build contractor’s site-specific quality plan project application and had, along with RTD participation, vetted the project’s bridging documents and assisted in the development of the project’s “Conformed” documents.
„ City of Henderson, City Hall Addition & Renovation: $46M. Assistant Construction Manager/Office Engineer/Senior Building Inspector. This project was a $46 million addition to the existing City Hall and four-level parking structure. Brad was the assistant construction manager/office engineer/senior inspector performing the duties of reviewing and processing requests for information, shop drawings, samples and other submittals for completeness and conformance to contract documents, as well as performing quality control, compliance and assurance inspections of construction so as to meet document specifications. He was responsible for the creation and maintenance of an as-built schedule and monitoring the contractor generated “as-built” drawings. He prepared a monthly progress summary and photos for inclusion into the monthly report. He reviewed and monitored the contractor’s safety program. He reviewed and monitored the weekly activity logs, coordinated the start-up activities, and created and maintained the Issue Log. Brad also conducted weekly owner’s and progress meetings, monitored quality control, provided dispute resolution, reviewed substitution requests and progress payment requests when the construction manager was unavailable. „ Community Transit, Mountlake Terrace Transit Center Expansion Project, Mountlake Terrace, WA: $16.2M.

Senior Project Manager. Responsible for the review and processing of RFIs, shop drawings, samples and other submittals, as well as performing quality control, compliance and quality assurance inspections of construction so as to meet document specifications. He was responsible for monitoring the contractor generated “as-built” drawings, monthly progress summary reports, and photos. He reviewed and monitored the contractor’s safety and SWPPP programs and monitored the weekly activities and coordination of contractor and subcontractor start-up activities; and created and maintained a cost issue log.

Brad conducted weekly owner and contractor’s progress meetings, monitored contractor quality control, provided dispute resolution, and reviewed progress payment requests for recommendation to the Transit authority for this $16.2 million, 5-story, post-tensioned, 950 space, hillside parking structure and bus terminal. (Brad Chadwick, cont’d)

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 14 151
Item 8.

Dan Scholz has over 25 years of experience in the heavy civil construction industry.

He has a strong background in public works, with infrastructure projects that include flood control, potable/non potable, conveyance, storm drain and sewer improvements (including force mains and lift stations), public buildings, bridges, roadways, underground utilities, landfills, and within the public right-of-way. Dan’s experience includes project management, estimating, scheduling, inspection, field engineering and office engineering on projects for such diverse agencies as Caltrans, Department of Water Resources, California High Speed Rail Authority, various California cities and counties, utility and transportation districts, and Cal Poly University.

RELEVANT EXPERIENCE
„ Alameda County Water District, Rubber Dam No. 1 and 3: $48M. Assistant CM/Estimator/Scheduler. Reviewer for baseline and updated schedules for dam construction in environmentally sensitive areas of Alameda Creek. Two projects built fishways, 13’ and 17’ height inflatable rubber dams, controls, and SCADA. Scope included update schedule for reviews, change order cost estimates and comparisons, and claims analysis. Major claim was for delay and extra work on tied-back sheet pile wall allegedly resulting from differing soil conditions and design conflicts. This claim was resolved at 25% of the contractor’s original proposed amount.
„ California Department of Water Resources, Delta Habitat Conservation & Conveyance: $13B. Estimator/Scheduler.

Prepared cost estimates in support of the Program Management Team’s efforts on the DHCCP and supported both the Bay Delta Conservation Plan (BDCP) and the Environmental Impact Report/ Environmental Impact Statement (EIR/EIS).

Work included extensive input for comparison of heavy construction of more than seven alternatives, including river intake structures, pumping plants, large diameter pipelines/tunnels, canal embankments, culvert siphons, large tunnel bores, railroad and highway bridges, utility and infrastructure crossings, forebays, levees, operable barriers, and fish screening facilities. Worked on estimates and schedules for multiple design changes for many of the options. Team member for constructability reviews, optimization studies, value engineering, and methods analysis. Created the Master Schedule WBS and all associated activities for the program and maintained it monthly. The schedule included design, permits, geotechnical work, procurement, environmental review, bid packaging, construction, and start-up and commissioning. When designs were adjusted, the schedules were updated, phasing and logic changes were made, fragnets were created to simulate what-if scenarios and activities were added/deleted as needed to keep the Master Schedule in alignment with the current thought process.
„ California Department of Water Resources, Levee Repair Project Headquarters: $8M. Estimator and Scheduler.

Prepared check cost estimates for LRPH in support of various projects currently underway. Created state estimates for backup for change orders, analyzed change order requests from the contractors, evaluated claims from contractors on the various projects, generating cost estimates based on Daily Inspection Reports (DIRs) to support the state’s defense of claims from the contractors. Claims analysis included analysis of loss of productivity and delay claims, evaluation of damages and computation of costs, and forensic scheduling analysis and scheduling impacts associated with the claims.

Evaluated baseline schedules and schedule updates for accuracy and contract compliance. Reviewed Time Impact Analysis (TIA) submitted by the contractors for change orders and time delays. Created and updated a staffing schedule to manage inspectors and LRPH staff for the current and future projects in this department. „ Valley Water, McKelvey Park Flood Detention Basin: $30.9M. Estimator/Scheduler. Project provided new 34-foot-deep stormwater detention basin at an existing at-grade baseball field, a youth and adult baseball complex dual-use facility.

Years of Experience
§ 25+
Education
§ B.S. Construction Management
Training
§ CPR/First Aid Certificate
§ ACI Concrete Field Testing
Technician – Grade 1
§ Trench and Excavation Safety -
Competent Person
§ Primavera P6 Suretrak 3.0
§ Timberline
Dan Scholz
CCM
Scheduler/Estimator

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 15 152
Item 8.

Project built extensive retaining walls, site drainage and utilities, baseball diamonds with dugouts, seating, restrooms, concessions, and scorer’s booth. Support included change order agency’s cost estimates and schedule analysis, schedule reviews, and estimating as needed. Claims included delays due to District ordered changes and suspensions of work. „ Freeport Regional Water Authority, Freeport Pipeline Segment 1: $49M. Project Manager. Project with over five miles of an 84-inch raw waterline project with CML welded steel pipe, EPB Micro-tunneling, TBM, soil cement backfill, and HDPE storm drains. Responsibilities included scheduling, product procurement, managing subcontractors, submittals, RFIs, and change-order negotiations.
„ Mountain Cascade, Inc., Roger Williamson Gravity Sewer, Force Main and Lift Station: Project Manager. Project with three miles of gravity sewer, lift station, and force main, including jack & bores, structures, and generator building.

Provided scheduling and product procurement, managed subcontractors, responsible for submittals, RFIs, and changeorder negotiations. „ Mountain Cascade, Inc., Various Projects: Estimator and Project Manager. Variety of projects ranging from subdivisions, sewer force mains, city sewer line rehabs, culvert replacements, and site work developments for developers, local cities, and counties. Responsibilities included scheduling projects, and tracking job costs, submittals, RFIs, and change orders.

Individual underground projects included:
§ Liberty Phase 1, 2 & 3, Rio Vista, CA. 855-unit subdivision, 10-inch sewer force main with tie-in to existing gravity sewer, wet well and sewer station, 8-inch to 12- inch sewer mains with 4-inch laterals and manholes; 48-inch to 54-inch CIPP storm drain, 12-inch to 66-inch RCP storm drain.
§ Cheyenne Ranch Offsite, Vacaville, CA. 4- inch to 8-inch DIP force main with manholes and tie into existing pump station, 8-inch to 15-inch PVC main with laterals to existing and new properties; 8- inch to 12-inch water main with fire hydrants, valves, ARV, and blow-offs, tie-in to an existing 24-inch water main. § Coffield Subdivision, Napa, CA. 6-inch to 12-inch DIP water mains and 1-inch services, fire hydrants, gate valves, and tie ins; 6-inch sewer main with 4-inch laterals, manholes, and tie-ins; 8-inch PVC storm drain, 15- inch RCP storm drain with manholes, Stormceptor Unit, catch basins, area drains and Storm Drain Metering Structure. „ City of Mill Valley, Downtown Paving and Sewer Rehabilitation: $10M. Scheduler. Evaluated baseline schedule and schedule updates for accuracy and contract compliance. Reviewed three-week look-ahead schedules for accuracy to monthly schedule and looking for changes in logic as project progresses. Reviewed schedule narrative for changes to schedules and baseline. Reviewed Time Impact Analysis (TIA) submitted by the contractor for change orders and time delays.
„ Preston Pipelines Inc., Various Projects: $10M. Estimator/Scheduler. Variety of underground work included sewer force mains, city sewer line rehabs, culvert replacements, etc. Responsibilities included scheduling projects using Primavera P3, and tracking job costs, submittals, RFIs, and change orders. Individual underground projects included:
§ Lower Sacramento Road Widening, Lodi, CA. 21-inch to 42-inch VCP and 8-inch PVC sewer with manholes; 12-inch to 15- inch SDR 35 PVC and 18-inch to 48-inch RCP storm drain with manholes, catch basins, and a retention basin; 6-inch to 10-inch C900 water mains with 2-inch services, fire hydrants, and tie-ins. § Grizzly Hollow Phase III, Galt, CA. 8-inch VCP and 6-inch SDR 35 PVC main, 4-inch ABS laterals and manholes; 12- inch RCP and 12-inch to 15-inch HDPE main with manholes; 4-inch to 10-inch C900 water mains with 2-inch services, hydrants, tie-ins, and hot taps.
§ Lincoln Crossing 6A, Lincoln, CA. 6-inch to 8-inch VCP main with manholes and 4-inch VCP laterals; 12-inch to 18-inch RCP main with manholes and 12-inch SDR 35 PVC laterals to catch basins; 6-inch to 12-inch C900 water mains with fire hydrants and tie-ins, and 4-inch to 6-inch irrigation main with 1-1/2-inch services. (Dan Scholz, cont’d)

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 16 153
Item 8.

Over the last 40+ years, Consolidated Engineering Laboratories (CEL) has grown to be a leader in providing quality materials testing and construction inspection services in the western United States.

With our Corporate Headquarters in San Ramon and full-service facilities in Oakland, Santa Rosa, and Sacramento, California, our testing and inspection agency is the largest in Northern California with unequaled resources and capabilities. We also have full-service offices in Salt Lake City, Utah, and Honolulu, Hawaii.

Personnel Capabilities
Our deep personnel pool of 235 talented individuals includes registered civil and geotechnical engineers, quality engineers, metallurgical engineers, registered environmental assessors, multi-disciplined materials testing and inspection technicians, project managers and administrative personnel.

All of our employees operate within the following core values: safety, integrity and honesty, teamwork, education, quality, and financial stability. These core values are demonstrated throughout our company and are realized through the professionalism and quality of service our clients receive on a daily basis. CEL is an equal opportunity employer with active affirmative action and in-house training programs.

We are certified and approved by many agencies including:
§ California Department of Transportation (Caltrans);
§ Division of the State Architect (DSA) (LEA Nos. 29, 54 and 130); § American Association of State Highway and Transportation Officials (AASHTO); § American Concrete Institute (ACI);
§ American Construction Inspectors Association (ACIA);
§ American Society for Testing and Materials (ASTM);
§ California Council of Testing and Inspection Agencies (CCTIA); § Cement and Concrete Reference Laboratory (CCRL);
§ International Code Council (ICC);
§ California Department of Health Care Access and Information (HCAI); and § All local design and construction standards and details.

Key Features
The following are specific features of which no other firm under consideration can offer:
» CEL has staff of over 230, allowing it to provide the depth of resources to handle a project of this scope and magnitude. » CEL’s Oakland laboratory is a state-of-the-art facility. This 24,000 SF facility is certified by Caltrans, the Division of the State Architect, HCAI, and the Army Corp of Engineers. We are also inspected and accredited by AASHTO and AMRL. » CEL has a full service geotechnical engineering capability with licensed professionals and geologists and are able to augment and expand on geotechnical and environmental services should that need arise. » CEL has access to a specialized engineering group housed in Oakland to help research and resolve construction material problems. Their full staff of forensic experts and scientists has the ability to perform almost any ASTM test that is in their directory as well as develop new testing methodology that is consistent with good engineering practice. CEL also holds the prestigious ISO 17025 certification.

Contractor Compliance and Monitoring Inc. (CCMI) is a nationally recognized prevailing wage and labor compliance consultant. Headquartered in the Bay Area, with four offices and 19 employees, CCMI is the leading consultant in prevailing wage and related labor compliance work. Founded in 2002, they are celebrating 20 years of labor compliance consulting work. They have performed work on small projects:
$13,500 for one week or large projects (California Valley Solar Ranch) $2 billion over two years. Whatever the size, length, or funding source CCMI is the consultant for you. Staff is trained to provide compliance on State, Federal or mixed-funded projects.

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 17 154
Item 8.

7.5 PROJECT APPROACH
Understanding
The City of Oroville plans to begin construction of the Hewitt Park Renovation Project in the spring of 2025. Bids for the 200 working day project were opened on February 11, 2025 and ranged from $4.5 to $7.7 million; the project has not been awarded as of this writing. The design consultant is Melton Design Group from Chico, CA. In addition to refurbishing the existing park, project elements include a mining themed splash pad, play structures, embankment slide, dog park, multi-use turf, pickleball courts, and fitness facilities.

Key Issues
The following items will need to be addressed to assure successful project delivery:

Paper Submittals - The specifications call for the use of paper submittals. Most if not all contractors and subcontractors use internet/cloud-based software for instantaneous transmittal of project documentation. Utilizing paper submittals extends the submittal process and burns valuable staff time.

Proposition 68 - The City is relying on grant funds for the project. All reimbursement requests to the State must be accurate and timely.

Owner furnished equipment - Disputes can arise regarding custody installation of owner pre-purchased equipment.

Playground equipment - A certified playground safety inspector must be present when playground equipment is installed.

Scope
Typically, we would place a several page scope of work highlighting tasks, assumptions, and deliverables in this section. The RFP states, however, that this section shall be a maximum of one page.

Our construction management approach seeks to optimize three key parameters:
⬗ Time
⬗ Cost
⬗ Quality
The following highlights our key tasks related to the three key parameters, recognizing that there is considerable overlap between all three.

Time
§ Review and commentary of master schedule and monthly updates § Review of three-week look-ahead schedules at weekly progress meetings § Rapid processing and expediting digital project data such as submittals and requests for information. Alpha CM uses a the cloud-based Procore to effectively manage all project correspondence and data § Rapid resolution of disputes
Cost
§ Collaborative approach to construction management
§ Early identification and resolution of potential trouble spots § Thorough review of change order requests for merit and reasonable costs § Review of monthly progress payment requests for accuracy and appropriateness § Review of grant reimbursement requests by City for accuracy and completeness Quality
§ Thorough review of plans and specs prior to Notice to Proceed § Daily inspection with photos and proper descriptions of work completed § Certified playground safety inspection
§ Testing of materials as specified
§ Weekly construction progress meetings
§ Monthly reports to City
§ Appropriate oversight of field activities
§ Effective project closeout

CITY OF OROVILLE
02/24/2025
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Item 8.

7.6 REFERENCES
Soscol Gateway Transit Center Improvements Project
Agency: Napa Valley Transportation Authority Agency Contact: Grant Bailey, Program Manager Phone: 707.259.5951 Email: [email protected]
Key Staff: Brian Danley, Project Principal; Brad Chadwick, Construction Manager Rubber Dam No. 1/Drop Structure Fishway, and Shinn Pond Fish Screens Construction Agency: Alameda County Water District Agency Contact: Shane O’Nesky, Project Manager Phone: 510.668.4489 Email: [email protected]
Key Staff: Brian Danley, Project Principal; Dave Latona, Construction Manager Berkeley Marina Roadway Improvements Project
Agency: City of Berkeley Agency Contact: Nelson Lam, Civil Engineer Phone: 510.981.6390 Email: [email protected]
Key Staff: Brian Danley, Project Principal
San Pablo Creek Culvert Repair Project
Agency: City of Orinda Agency Contact: Ryan O’Kane, Senior Engineer Phone: 925.253.4282 Email: [email protected]
Key Staff: Brian Danley, Project Principal
Backup Power Reliability
Agency: Hidden Valley Lake Community Services District Agency Contact: Hannah Davidson, Project Manager Phone: 707.987.9201 Email: [email protected]
Key Staff: Brian Danley, Project Principal; Dave Latona, Construction Manager

7.7 SCHEDULE
Per the General Conditions and Special Provisions of the specifications, the contractor shall be responsible for preparing the baseline schedule and the subsequent 3-week look-ahead schedules.

As construction manager, it will be our responsibility to review and comment on the master schedule, and work with the contractor to develop a baseline schedule that reflects the true nature and scope of the work. We will verify schedule logic and look for potential areas where the schedule could be setting the project up for future delay claims and change orders. We will not favorably review schedule submissions that do not reflect a reasonable approach to the scope and duration of the project.

We will ask for updates when the baseline no longer reflects the actual course of the work.

The three-week look ahead schedules will be a standing agenda item and will be discussed at every weekly progress meeting.

These are a valuable tool in managing immediately upcoming work.

A sample and much simplified schedule is on the next page. The contractor’s baseline schedule is a reflection of their means, methods, crews, and equipment to accomplish the work.

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 19 156
Item 8.

ID Task
Mode
Task Name Duration Start Finish Predecessors
1 Preconstruction 27 days Tue 2/11/25 Wed 3/19/25
2 Open Bids 1 day Tue 2/11/25 Tue 2/11/253 City Council Award Project1 day Tue 3/4/25 Tue 3/4/25 2FS+14 days4 Contract/Insurance/Bonds10 days Wed 3/5/25 Tue 3/18/25 35 NTP 0 days Tue 3/18/25 Tue 3/18/25 46 Precon Meeting 1 day Wed 3/19/25 Wed 3/19/25 4,57 Mobilization 20 days Mon 3/24/25 Fri 4/18/258 Mobilization 5 days Mon 3/24/25 Fri 3/28/25 6FS+2 days9 BMPs Installed 5 days Mon 3/24/25 Fri 3/28/25 8SS 10 Materials Delivered 10 days Tue 3/25/25 Mon 4/7/25 8SS+1 day11 Submittals 20 days Mon 3/24/25 Fri 4/18/25 6FS+2 days12 Survey (If needed) 10 days Mon 3/31/25 Fri 4/11/25 913 Temporary Fencing 5 days Mon 3/31/25 Fri 4/4/25 914 Construction 180 days Mon 4/14/25 Fri 12/19/2515 Clear & Grub (as needed) 10 days Mon 4/14/25 Fri 4/25/25 12,1316 Excavation/Grading 20 days Mon 4/28/25 Fri 5/23/25 1517 Landscape Irrigation 30 days Mon 5/26/25 Fri 7/4/25 10,11,1618 Concrete Work 30 days Mon 7/7/25 Fri 8/15/25 1719 Electrical/Lighting 30 days Mon 8/18/25 Fri 9/26/25 1820 Install Owner Provided Items 25 days Mon 9/29/25 Fri 10/31/25 1921 Install Landscaping 25 days Mon 11/3/25 Fri 12/5/25 2022 Project Float 10 days Mon 12/8/25 Fri 12/19/25 2123 Closeout/Post Construction 52 days Mon 12/22/25Tue 3/3/2624 Demobilization 10 days Mon 12/22/25Fri 1/2/26 2225 Punchlist 10 days Mon 12/22/25Fri 1/2/26 2226 Final inspection 1 day Mon 1/5/26 Mon 1/5/26 2527 Project Complete 0 days Mon 1/5/26 Mon 1/5/26 24,2628 Closeout 20 days Tue 1/6/26 Mon 2/2/26 2729 Project Acceptance by City0 days Tue 3/3/26 Tue 3/3/26 28FS+21 days 3/18
1/5
3/3
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr 2025 2026
TaskSplitMilestoneSummary
Project SummaryExternal TasksExternal MilestoneInactive Task Inactive MilestoneInactive SummaryManual TaskDuration-only Manual Summary RollupManual SummaryStart-onlyFinish-only DeadlineProgress

Project: Hewitt Park Renovation SDate: Thu 2/20/25

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 20 157
Item 8.

7.8 COST PROPOSAL
February 20th, 2025
dĂƐŬϭ͗ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐ
WƌŽũĞĐƚWƌŝŶĐŝƉĂů ΨϮϮϮ ϮϬ Ψϰ͕ϰϰϬ WƌŽũĞĐƚDĂŶĂŐĞƌ ΨϮϭϬ ϯϴ Ψϳ͕ϵϴϬ ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ Ψϭϵϴ ϮϭϬ Ψϰϭ͕ϱϴϬ ^ĐŚĞĚƵůĞƌͬ
ƐƚŝŵĂƚŽƌ Ψϭϵϲ ϰϬ Ψϳ͕ϴϰϬ ĚŵŝŶ ΨϭϬϬ ϰϬ Ψϰ͕ϬϬϬ ^ƵďĐŽŶƐƵůƚĂŶƚ;D/ͿǁͬŵĂƌŬƵƉ Ψϭϱ͕ϵϱϬ
^ƵďĐŽŶƐƵůƚĂŶƚ;ŽŶƐŽůŝĚĂƚĞĚ
ŶŐ>ĂďͿǁͬŵĂƌŬƵƉ Ψϰϯ͕ϲϴϭ
WƌŽũĞĐƚDĂŶĂŐĞƌ ΨϮϭϬ ϴ Ψϭ͕ϲϴϬ ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ Ψϭϵϴ ϯϬϰ ΨϲϬ͕ϭϵϮ ^ĐŚĞĚƵůĞƌͬ
ƐƚŝŵĂƚŽƌ Ψϭϵϲ ϲϰ ΨϭϮ͕ϱϰϰ ĚŵŝŶ ΨϭϬϬ ϭϭϬ Ψϭϭ͕ϬϬϬ ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ Ψϭϵϴ ϭϮ ΨϮ͕ϯϳϲ ^ĐŚĞĚƵůĞƌͬ
ƐƚŝŵĂƚŽƌ Ψϭϵϲ ϴ Ψϭ͕ϱϲϴ ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ Ψϭϵϴ ϭϬϰϰ ΨϮϬϲ͕ϳϭϮ WůĂLJŐƌŽƵŶĚ^ĂĨĞƚLJ/ŶƐƉĞĐƚŽƌ ΨϮϬϭ ϭϲϬ ΨϯϮ͕ϭϲϬ ϮϬϱϴ Ψϯϵϰ͕ϬϳϮ
dĂƐŬϮ͗^ĞƌǀŝĐĞƐƵƌŝŶŐŽŶƐƚƌƵĐƚŝŽŶůŽƐĞŽƵƚ
ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ Ψϭϵϴ ϴ Ψϭ͕ϱϴϰ WůĂLJŐƌŽƵŶĚ^ĂĨĞƚLJ/ŶƐƉĞĐƚŽƌ ΨϮϬϭ ϴ Ψϭ͕ϲϬϴ ĚŵŝŶ ΨϭϬϬ ϰ ΨϰϬϬ ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ Ψϭϵϴ ϭϰ ΨϮ͕ϳϳϮ ĚŵŝŶ ΨϭϬϬ ϭϲ Ψϭ͕ϲϬϬ ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ Ψϭϵϴ ϰ ΨϳϵϮ ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ Ψϭϵϴ ϰ ΨϳϵϮ ĚŵŝŶ ΨϭϬϬ ϰ ΨϰϬϬ ϲϮ Ψϵ͕ϵϰϴ
sĞŚŝĐůĞ
Ψϭ͕ϴϬϬ ϭϬ Ψϭϴ͕ϬϬϬ
Ψϭ͕ϴϬϬ ϭ Ψϭ͕ϴϬϬ
ĞůůͬĂƚĂͬŽŵƉƵƚĞƌ
ΨϭϱϬ ϭϬ Ψϭ͕ϱϬϬ
ΨϭϱϬ ϭ ΨϭϱϬ
ΨϮϭ͕ϰϱϬ
dĂƐŬΘ^ƚĂĨĨŝŶŐdŽƚĂů ΨϰϬϰ͕ϬϮϬ
^ƵďĐŽŶƐƵůƚĂŶƚǁͬŵĂƌŬƵƉ Ψϱϵ͕ϲϯϭ
ΨϮϭ͕ϰϱϬ
ΨϰϮϱ͕ϰϳϬ
dĂƐŬϭ͘ϭ͗WƌŽũĞĐƚDĂŶĂŐĞŵĞŶƚ
ŝůůŝŶŐZĂƚĞ
dĂƐŬϭ͘Ϯ͗ŽŶƐƚƌƵĐƚŝŽŶŽŶƚƌĂĐƚĚŵŝŶŝƐƚƌĂƚŝŽŶ
dĂƐŬϭ͘ϯ͗ŚĂŶŐĞKƌĚĞƌDĂŶĂŐĞŵĞŶƚ
ŝƚLJŽĨKƌŽǀŝůůĞͲ,ĞǁŝƚƚWĂƌŬZĞŶŽǀĂƚŝŽŶWƌŽũĞĐƚ
ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞŵĞŶƚ^ĞƌǀŝĐĞƐ
ŽƐƚWƌŽƉŽƐĂů
^ƵďƚŽƚĂů
dĂƐŬΘ^ƚĂĨĨŝŶŐ dŽƚĂů,ŽƵƌƐ
^ƵďƚŽƚĂů
dŽƚĂůWƌŝĐĞ
dĂƐŬϭ͘ϰ͗&ŝĞůĚ/ŶƐƉĞĐƚŝŽŶ
dĂƐŬϮ͘ϭ͗^ƵďƐƚĂŶƚŝĂůĂŶĚ&ŝŶĂůŽŵƉůĞƚŝŽŶ^ĞƌǀŝĐĞƐ
dĂƐŬϮ͘Ϯ͗ZĞĐŽƌĚŽĨŽŵƉŝůĂƚŝŽŶĂŶĚ^ƵďŵŝƚƚĂů
dĂƐŬϮ͘ϯ͗KďƚĂŝŶŝŶŐtĂƌƌĂŶƚLJĂŶĚ>ŝĞŶZĞůĞĂƐĞ/ŶĨŽƌŵĂƚŝŽŶĨƌŽŵŽŶƚƌĂĐƚŽƌ dĂƐŬϮ͘ϰ͗&ŝŶĂů
ůĞĐƚƌŽŶŝĐ^ƵďŵŝƚƚĂůƐ
WůĂLJŐƌŽƵŶĚ^ĂĨĞƚLJ/ŶƐƉĞĐƚŽƌ
WůĂLJŐƌŽƵŶĚ^ĂĨĞƚLJ/ŶƐƉĞĐƚŽƌ
ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ
KƚŚĞƌŝƌĞĐƚŽƐƚƐ;KƐͿ ŝůůŝŶŐZĂƚĞ dŽƚĂůDŽŶƚŚƐ dŽƚĂůWƌŝĐĞ KƚŚĞƌŝƌĞĐƚŽƐƚƐ;KƐͿdŽƚĂů
'ƌĂŶĚdŽƚĂů
^ƵďƚŽƚĂů
ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 21 158
Item 8.

ϮϬ Ψϰ͕ϰϰϬ
ϰϲ Ψϵ͕ϲϲϬ
ϭϲϬϬ Ψϯϭϲ͕ϴϬϬ
WůĂLJŐƌŽƵŶĚ^ĂĨĞƚLJ/ŶƐƉĞĐƚŽƌ ϭϲϴ Ψ ϯϯ͕ϳϲϴ ^ĐŚĞĚƵůĞƌͬ
ƐƚŝŵĂƚŽƌ ϭϭϮ Ψ Ϯϭ͕ϵϱϮ
ĚŵŝŶ ϭϳϰ Ψ ϭϳ͕ϰϬϬ
'ƌĂŶĚdŽƚĂů ϮϭϮϬ ΨϰϬϰ͕ϬϮϬ
ŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌͬ/ŶƐƉĞĐƚŽƌ
,ŽƵƌƐΘŽƐƚƌĞĂŬĚŽǁŶďLJ^ƚĂĨĨ dŽƚĂů,ŽƵƌƐ dŽƚĂůWƌŝĐĞ WƌŽũĞĐƚWƌŝŶĐŝƉĂů
WƌŽũĞĐƚDĂŶĂŐĞƌ
ƐƐƵŵƉƚŝŽŶƐ
ϭ͘ ŽŶƐƚƌƵĐƚŝŽŶƉĞƌŝŽĚ ŽĨϮϬϬtŽƌŬŝŶŐĂLJƐ͘
Ϯ͘ tŽƌŬĐŽŵƉůĞƚĞĚŝŶϮϬϮϱ͘
ϯ͘ tŽƌŬĐŽŶĚƵĐƚĞĚƐƚĂŶĚĂƌĚǁŽƌŬŚŽƵƌƐDͲ&͘EŽKǀĞƌƚŝŵĞ͕ǁĞĞŬĞŶĚƐŽƌŚŽůŝĚĂLJŚŽƵƌƐĐĂůĐƵůĂƚĞĚ ŝŶƚŽ ůĞǀĞůŽĨĞĨĨŽƌƚ͘
ϰ͘ >ĞǀĞůŽĨĞĨĨŽƌƚŝƐĂŶĞƐƚŝŵĂƚĞŽŶůLJ͘
ϱ͘
ĂĐŚŝŶĚŝǀŝĚƵĂůĐŽƐƚŝƚĞŵŝƐĂŐƵŝĚĞŽŶůLJ͖ƚŽƚĂůDĐŽƐƚƐŚĂůůƚĂŬĞƉƌĞĐĞĚĞŶƚ͘ ϲ͘ ^ƵďĐŽŶƐƵůƚĂŶƚĐŽƐƚƐĂƌĞĂŶĂůůŽǁĂŶĐĞŽŶůLJ͘ĐƚƵĂůǁŽƌŬǁŝůůďĞŝŶǀŽŝĐĞĚŽŶƚŝŵĞĂŶĚŵĂƚĞƌŝĂůďĂƐŝƐ ĂƐ ĚŝƌĞĐƚĞĚďLJŽƵƌŽŶƐƚƌƵĐƚŝŽŶDĂŶĂŐĞƌ͘
ϳ͘ tŝƚŚƚŚĞĞdžĐĞƉƚŝŽŶŽĨǀĞŚŝĐůĞ͕ ĐĞůůͬĚĂƚĂͬĐŽŵƉƵƚĞƌ͕ŚŽƵƌůLJƌĂƚĞƐŝŶĐůƵĚĞĂůůĚŝƌĞĐƚĂŶĚŝŶĚŝƌĞĐƚ ŽǀĞƌŚĞĂĚŶŽƌŵĂůůLJĂƐƐŽĐŝĂƚĞĚǁŝƚŚƚŚŝƐƚLJƉĞŽĨǁŽƌŬ͘
ϴ͘ >ĞǀĞůŽĨ
ĨĨŽƌƚďĂƐĞĚŽŶZ&WĚŽĐƵŵĞŶƚĂƚŝŽŶƉƌŽǀŝĚĞĚďLJ ŝƚLJŽĨKƌŽǀŝůůĞ͘ ϵ͘ WƌĞǀĂŝůŝŶŐtĂŐĞƐƉĞĐŝĨŝĞĚŝƐďĂƐĞĚŽŶĐƵƌƌĞŶƚ/ZĚĞƚĞƌŵŝŶĂƚŝŽŶ͘ŶLJĨƵƚƵƌĞ/ZĞƐĐĂůĂƚŝŽŶŽĨ ƉƌĞǀĂŝůŝŶŐǁĂŐĞƌĂƚĞǁŝůůďĞƌĞĨůĞĐƚĞĚŝŶƚŚĞůŽĂĚĞĚƌĂƚĞƐ͘ ϭϬ͘ ůƉŚĂDƌĞƐĞƌǀĞƐƚŚĞƌŝŐŚƚƚŽŵŽǀĞďƵĚŐĞƚďĞƚǁĞĞŶƚĂƐŬƐĂŶĚƐƚĂĨĨ͘

CITY OF OROVILLE
02/24/2025
Proposal For Hewitt Park Renovation Project Construction Management Services 22 159
Item 8.

CITY OF OROVILLE

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

ASSISTANT DIRECTOR OF PUBLIC WORKS / CITY ENGINEER

APPOINTING AS INTERIM PUBLIC WORKS DIRECTOR AND

TEMPORARILY PLACE ON STEP G OF DEPARTMENT HEAD SALARY

SCHEDULE
DATE: MARCH 18, 2025

SUMMARY
The Council will consider an amendment to the employment contract with Alyssa Stutz, Assistant Director of Public Works / City Engineer, temporarily appointing Ms. Stutz as Interim Public Works Director effective February 19, 2025 and placement at Step G of the Department Head salary schedule at an annual compensation of $166,345.

DISCUSSION
Staff recommend that in the extended absence of existing Public Works Director, that Allysa Stutz, Assistant Director of Public Works / City Engineer be temporarily appointed as Interim Director of Public Works and temporarily be placed at Step G of the Department Head salary schedule, at an annual compensation of $166,345 effective February 19, 2025. This interim appointment will terminate upon the return of Public Works Director, and at that time Ms.

Stutz will return to the position of Assistant Director of Public Works / City Engineer at the appropriate level of compensation.

FISCAL IMPACT
This will represent a temporary monthly salary increase $1,228.58 and will be absorbed in the existing budget.

RECOMMENDATION
Adopt Resolution No. 9360 – 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 ALYSSA STUTZ – (Agreement No. 3509-1).

ATTACHMENTS:
160
Item 9.

Resolution 9360
Contract Amendment; and Contract 3509-1
161
Item 9.

OROVILLE CITY COUNCIL
RESOLUTION NO. 9360

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 ALYSSA STUTZ
(Agreement No. 3509-1)
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 Alyssa Stutz. 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 March 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 162
Item 9.

AMENDMENT #1 TO EMPLOYMENT AGREEMENT BETWEEN

THE CITY OF OROVILLE AND ALYSSA STUTZ
Agreement 3509-1
This Amendment, dated March 18, 2025, is to the Employment Agreement (“Agreement”) between the City of Oroville (“City”) and Alyssa Stutz (“Stutz”).

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

1. Section 1 of the Duties section of the contract is temporarily replaced with the following language:

City hereby agrees to employ Stutz as the Interim Director of Public Works effective February 19, 2025 to temporarily 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 her. Ms. Stutz shall revert back to her position of Assistant Director Public Works / City Engineer upon the return of Public Works Director.

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

City agrees to temporarily appoint Stutz at Step G of the Department Head Salary Schedule, an annual base salary of $166,345 effective February 19, 2025, and payable at the same time and manner as other Council Appointed employees of the City are paid. Ms. Stutz shall revert back to the appropriate compensation for her position of Assistant Director Public Works / City Engineer upon the return of Public Works Director.

A B C D E F G H
Dept
Heads
$122,282 $128,714 135,486 $142,619 $150,123 $158,028 $166,345 $175,100 A n
n
u
a
l
$10,190.13 $10,726.16 $11,290.52 $11,884.91 $12,510.21 $13,168.98 $13,862.08 $14,591.67 M o
n
t
h
l
y
$58.7892 $61.8817 $65.1376 $68.5668 $72.1743 $75.9749 $79.9736 $84.1827 H o
u
r

EXHIBIT A
163
Item 9.
l
y
2026 Cost of Living Increase: Effective January 1, 2026, the City shall implement a CPI 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).

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 Alyssa Stutz
Interim Director of Public Works
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
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Item 9.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: EMPLOYMENT CONTRACT AMENDMENT WITH AMY BERGSTRAND,
DIRECTOR – BUSINESS ASSISTANCE AND HOUSING DEVELOPMENT
DATE: MARCH 18, 2025

SUMMARY
The Council will consider an amendment to the employment contract with Amy Bergstrand, Director – Business Assistance and Housing Development, that would advance Ms.

Bergstrand from Step E, $150,123 annual salary to Step G, $166,345 annual salary.

DISCUSSION
Amy Bergstrand, Director – Business Assistance and Housing Development has been employed by the City since October 27, 2004 when she was initially hired as an Administrative/Program Analyst. Amy was promoted to Management Analyst III on November 29, 2005 and then to her current role as Director – Business Assistance and Housing Development on March 16, 2022. Amy’s current contract provides for a performance evaluation each year of the contract, where with satisfactory review, consideration is given for a step increase. The Council directed the City Administrator to bring this contract amendment forward advancing Ms. Bergstrand 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 Bergstrand’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 March 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 March 17, 2025.

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

RECOMMENDATION
183
Item 10.