CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: COMMUNITY NAVIGATOR UPDATE
DATE: JUNE 17, 2025
SUMMARY
The City Council shall receive an update on the City of Oroville Community Navigator.
DISCUSSION
Update report on the Community Navigator progress with the City of Oroville’s Code Enforcement Department. This update will cover field activities, connection to services, partnerships, and daily outreach. For further details, see the attached report.
FISCAL IMPACT
None.
ACTION REQUESTED –
None.
ATTACHMENTS
1. Community Navigator Update Report
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Community Navigator Update:
In November of 2024 the Community Navigator Program was transferred from the Oroville Police Department to Code Enforcement.
The community navigator currently shares an office with Code Enforcement. The CN has an independent workstation with a computer and a field computer. The CN has a fully marked vehicle utilized for outreach.
Assignment Research and Updates
The Community Navigator researches on updated laws, regulations, service providers, substance abuse programs and services, changes in any services, keeping updated on 478
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new ideas utilized by other city and county governments and non-profits. The CN also researches new training opportunities.
Field Activities:
The Community Navigator conducts outreach in the field contacting the unhoused within city limits. The CN spends time conducting outreach at the Oroville Rescue Mission making contacts with subjects in need of services. The CN conducts outreach at the Hope Center during the most advantageous times and conducts outreach at Jordans Crossing to utilize this service provider for contact transportation and substance use placements. Throughout the day continued outreach in the downtown and outlying areas in the city. The CN conducts specific follow up outreach to unhoused to continue the connection of services and outreach in the city parks with increased visibility and responding to reported problem areas. The CN makes about 25 contacts a day.
Service Connections and Referral Activities:
The Community Navigator refers the Unhoused, individuals at risk of being unhoused and those suffering from substance abuse disorders to relevant service providers within the community such as:
Butte County Behavior Health.
Department of Employment and Social Services.
Butte Cares (Provider of Navigation Services, Cal-Aim services, Enhance Care Management (ECM).
Penuma Health (Provide Navigation Services and additional Enhance Care Management).
Tribal Heath (Qualifying Native individuals) (Provider of medical, enhance care management, and mental health services).
Additional service providers that issue relevant qualifying services to individuals.
Daily Outreach Techniques:
The Community Navigator utilizes best practices counseling techniques such as motivational interviewing. This process reduces ambivalence, encourages change, precontemplation (understanding subjects current state of mind), contemplation (use the techniques to get the subject to start thinking about change), action (movement towards change by engaging in services), stabilization ( actually getting services in place so the subject can manage their own recovery), and maintenance (set up support system necessary to continue to progress).
Job Reediness and Preparation:
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The Community Navigator works on building knowledge of trauma informed approaches and other best practices to navigation outreach and engagement. The Community Navigator currently participates in the Trauma Informed Program. This program is in its infancy with the goal of forming a community care team to provide crisis care reported by public safety.
Non-Profit Outreach:
The City is working towards a memorandum of understanding the Butte County DESS by sharing the Homeless Management Information System. This will increase statistical data and prevent overlapping outreach.
Ongoing contacts with Non-Profits and Service Providers to identify gaps in services and develop innovative solutions to correct deficiencies and increase more favorable outcomes.
Collaborating Partners:
The Community Navigator works closely with Code Enforcement, Public Works, the Police Department and all non-profits.
The Community Navigator is a fluid program that will pivot as needed to meet the needs of the community.
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: HOUSING NAVIGATION SERVICES
DATE: JUNE 17, 2025
SUMMARY
The City Council shall consider entering into an agreement to provide Housing Navigation Services as described in the attached Memorandum of Understanding between Butte County’s Department of Employment and Social Services and the City of Oroville.
DISCUSSION
This Memorandum of Understanding establishes Housing Navigation services, policies, and procedures. The purpose of this partnership with Butte County’s Department of Employment and Social Services and the City of Oroville is to ensure all individuals and families experiencing homelessness or who are at-risk of homelessness in the Greater Oroville Area have access to needed housing navigation services.
The term of this Memorandum of Understanding is July 1, 2025, to June 30 of 2026.
The Housing Navigator shall report to an assigned location at Oroville City Hall, 1735 Montgomery St, Oroville, CA, at least eighty percent (80%), or a minimum of 32 hours, per week.
DESS shall provide, maintain, and update (as needed) computer hardware and software necessary for the Housing Navigator to perform the duties required. A computer shall be placed at the workstation designated by the City of Oroville.
Services Provided: Outreach services, connection to emergency shelters, housing resources to obtain housing stability, assistance in the removal of barriers to housing, advocation for clients with prospective landlords, work with homeless service providers in the Greater Oroville Area, and Access to Housing and Homeless Information System (HMIS) program enrollment and Coordinated Entry enrollment. 481
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Butte County’s Department of Employment and Social Services will provide annual updates to the City of Oroville to include number of people served, general location of contacts, services provided, and outcomes.
The City of Oroville should provide adequate office space with sufficient work area space for the Housing Navigator to perform the required duties. The City will provide the Housing Navigator with access to a space that can be utilized to conduct confidential intakes with clients.
The City of Oroville shall provide at a minimum a desk, locking storage, chair, and data connectivity for Housing Navigator to perform the required duties.
The City of Oroville shall provide employee orientation and training related to the City of Oroville environment to the Housing Navigator.
The City of Oroville shall, within ten (10) days of signing this agreement contact DESS to discuss the implementation of the program, shall attend site and virtual meetings as needed, and compensate DESS according to the Agreement
The Department of Employment and Social Services shall bill City of Oroville in arrears, on a quarterly basis for services provided in the course of the agreement. The billing will indicate services provided and total charges.
FISCAL IMPACT
The City of Oroville shall reimburse Butte County’s Department of Employment and Social Services up to a maximum compensation of eighty-five thousand dollars ($85,000) under this MOU in FY 2025/26.
ACTION REQUESTED –
ENTER INTO THE 1-YEAR AGREEMENT TO PROVIDE HOUSING NAVIGATION
SERVICES DESCRIBED IN THE ATTACHED MEMORANDUM OF UNDERSTANDING BETWEEN BUTTE COUNTY’S DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES AND THE CITY OF OROVILLE.
ATTACHMENTS
1. Memorandum of Understanding between County of Butte Department of Employment and Social Services and City of Oroville for Housing Navigation Services.
2. Attachment II Description of Services
3. Attachment III Method and Rate of Payment
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MEMORANDUM OF UNDERSTANDING
Between
COUNTY OF BUTTE DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES And
CITY OF OROVILLE
For Housing Navigation Services
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into as of July 1, 2025, by and between the County of Butte, Department of Employment and Social Services, herein referred to as DESS and the City of Oroville herein referred to as City of Oroville, hereinafter referred to individually as “Party” and collectively as “Parties”. The purpose of this document is to set forth the types and terms of collaborative services for Housing Navigation Services between DESS and City of Oroville. DESS provides services in the Greater Oroville Area.
WITNESSETH:
WHEREAS, DESS has established Housing Navigation services, policies, and procedures, and City of Oroville with a need for housing navigation services, through this MOU, DESS and City of Oroville, respectively, delegate and accept responsibility for the duties identified herein.
NOW, THEREFORE, in consideration of their mutual covenants and conditions, the Parties hereto agree as follows:
1. PURPOSE
The purpose of this collaboration is to ensure that all individuals and families experiencing homelessness or who are at-risk of homelessness in the Greater Oroville Area have access to housing navigation services. The Housing and Homeless team of the Department of Employment and Social Services shall provide housing navigation services to address immediate homelessness challenges in the Greater Oroville Area.
2. TERM
The term of this MOU is July 1, 2025 through June 30, 2026.
3. FISCAL EXPLANATION
The fiscal responsibilities are set forth in Attachment III, Method and Rate of Payment, attached hereto and by this reference incorporated herein.
4. RESPONSIBILITIES
The responsibilities of DESS and City of Oroville are set forth in Attachment II, Description of Services, attached hereto and by this reference incorporated herein.
5. TERMINATION
This MOU may be terminated by either Party upon the giving of thirty (30) days advance written notice of an intention to terminate.
6. NON-ASSIGNMENT
Neither Party shall assign, transfer or sub-contract this MOU nor their rights or duties under this MOU without the prior written consent of the other Party.
7. RECORDS
All Parties subject to this MOU shall maintain a record of services provided in sufficient detail to permit an evaluation of the MOU. All such records shall be made available during normal business hours to authorized representatives of County, State, and Federal governments during the term of this MOU and during the period of record retention for the purpose of program review and/or fiscal audit.
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8. COMPLIANCE WITH LAWS/POLICIES
DESS and City of Oroville shall comply with all applicable laws, rules and regulations related to Continuum of Care Reform (CCR) as directed by the State of California.
9. CONFIDENTIALITY
DESS and City of Oroville shall act in strict conformance with all applicable Federal, State of California and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code section 56 et seq., Welfare and Institutions Code sections 827, 5328 through 5330, 10850 and 14100.2, Health and Safety sections 11977 and 11812, 22 California Code of Regulations section 51009, and 42 Code of Federal Regulations sections 2.1 et seq. The Parties shall ensure that no list of persons receiving services under this MOU is published, disclosed, or used for any other purpose except for the direct administration of the program or other uses authorized by law that are not in conflict with requirements for confidentiality.
DESS agrees, to the extent required by 42 U.S.C. 1320 et seq., Health Insurance Portability and Accountability Act of 1996 (HIPAA), to comply with applicable requirements of law and subsequent amendments relating to protected health information (PHI).
10. NON-DISCRIMINATION
During the performance of this MOU, the Parties shall not unlawfully discriminate against any employee or applicant for employment, or recipient of services, because of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, age or gender, pursuant to all applicable State and Federal statutes and regulations, as set forth in Attachment IV, Assurance of Compliance, attached hereto and by this reference incorporated herein.
11. RELATIONSHIP OF PARTIES
It is understood that this is a MOU by and between two (2) separate public agencies and is not intended to and shall not be construed to create a relationship of agent, servant, employee, partnership, joint venture or association.
12. NO THIRD PARTY BENEFICIARIES
Both DESS and City of Oroville agree it is their specific intent that no other person or entity shall be a Party to or a third-Party beneficiary of this MOU or an attachment or addenda to this MOU.
13. INDEMNIFICATION
Both DESS and City of Oroville agree to be responsible and assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the full extent required by law.
14. NOTICE
Any and all notices, reports or other communications to be given to DESS or City of Oroville shall be given to the persons representing the respective Parties at the following addresses:
Department of Employment and Social Services
Name: Wendy Lo
Title: Health and Human Services Program Analyst III
Address: PO BOX 1649 Oroville, CA 95965
Email: [email protected]
Phone: 530.552.6058
City of Oroville
Name: Ron Belser
Title: Code Enforcement Director
Address: 2055 Lincoln Street Oroville, CA 95966
Email: [email protected]
Phone: 530.538.2448
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15. PUBLIC RECORDS ACT
Both Parties are aware that this MOU and any documents provided to the other Party related only to this MOU may be subject to the California Public Records Act and may be disclosed to members of the public upon request. It is the responsibility of both Parties to clearly identify information in those documents that it considers to be confidential under the California Public Records Act. To the extent that the Parties agree with that designation, such information will be held in confidence whenever possible. All other information will be considered public.
16. ENTIRE AGREEMENT AND MODIFICATION
This MOU contains the entire agreement of the Parties relating to the subject matter of this MOU and supersedes all prior agreements and representations with respect to the subject matter hereof. This MOU may only be modified by a written amendment hereto, executed by both Parties. If there are attachments attached hereto, and a conflict exists between the terms of this MOU and any attachment, the terms of this MOU shall control.
17. ENFORCEABILITY AND SEVERABILITY
The invalidity or enforceability of any term or provisions of this MOU shall not, unless otherwise specified, affect the validity or enforceability of any other term or provision, which shall remain in full force and effect.
18. DISPUTES
DESS and City of Oroville agree to use good faith efforts to resolve any disputes prior to bringing any action to enforce the terms of this MOU.
Should it become necessary for a Party to this MOU to enforce any of the provisions hereof, the prevailing Party in any claim or action shall be entitled to reimbursement for all expenses so incurred, including reasonable attorney’s fees.
It is agreed by the Parties hereto that unless otherwise expressly waived by them, any action brought to enforce any of the provisions hereof or for declaratory relief hereunder shall be filed and remain in a court of competent jurisdiction in the County of Butte, State of California.
19. CAPTIONS
The captions of this MOU are for convenience in reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this MOU.
20. OTHER DOCUMENTS
The Parties agree that they shall cooperate in good faith to accomplish the object of this MOU and, to that end, agree to execute and deliver such other and further instruments and documents as may be necessary and convenient to the fulfillment of these purposes.
21. CONTROLLING LAW
The validity, interpretation and performance of this MOU shall be controlled by and construed under the laws of the State of California.
22. AUTHORITY
DESS and City of Oroville and each Party’s signatory warrant and represent that each has full authority and capacity to enter into this MOU in accordance with all requirements of law.
The Parties also warrant that any signed amendment or modification to the MOU shall comply with all requirements of law, including capacity and authority to amend or modify the MOU.
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23. ELECTRONIC SIGNATURES
Each Party of this agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this agreement. The Parties further agree that the electronic signatures of the Parties included in this agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" DRAFT
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ATTACHMENT II
DESCRIPTION OF SERVICES
Unless indicated otherwise herein, DESS shall furnish all labor, materials, transportation, supervision and management, and pay all taxes required to complete the project described below:
DESS RESPONSBILITIES
DESS shall assign one 1.0 Full Time Equivalent (FTE) Housing Navigator for one (1) year to serve those that are experiencing homelessness; at-risk of homelessness; fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking; and recently homeless in the Greater Oroville Area.
The Housing Navigator shall report to an assigned location at Oroville City Hall, 1735 Montgomery St, Oroville, CA, at least eighty percent (80%), or a minimum of 32 hours, per week.
DESS shall be solely responsible in assigning and scheduling the Housing Navigator and shall make a good faith effort to provide coverage during planned and unplanned absences. Such scheduling shall be made in conformance with DESS hours of operation of Monday through Friday from 8 a.m. to 5 p.m. The Housing Navigator may keep alternate hours if agreed upon by the City of Oroville.
DESS shall provide, maintain, and update (as needed) computer hardware and software necessary for the Housing Navigator to perform the duties required. Computer shall be placed at the workstation designated by the City of Oroville.
The Housing Navigator shall conform to reasonable rules and regulations of the City of Oroville that are applicable to all City of Oroville staff.
Housing Navigator will provide the following services while maintaining thorough case documentation:
• Outreach services
• Connection to emergency shelters
• Housing resources to obtain housing stability
• Access to benefit programs
• Case management focused on housing maintenance and stability • Assistance in the removal of barriers to housing
• Advocating for clients with prospective landlords
• Work with homeless service providers in the Greater Oroville Area • Access to Housing and Homeless Information System (HMIS) program enrollment and Coordinated Entry enrollment.
DESS will provide quarterly updates to the City of Oroville to include number of persons served, general demographics of persons served, services provided, and outcomes.
CITY OF OROVILLE RESPONSIBILITIES
City of Oroville shall provide adequate office space with sufficient work area space for the Housing Navigator to perform required duties. City of Oroville will provide the Housing Navigator with access to a space that can be utilized to conduct confidential intakes with clients.
City of Oroville shall provide at a minimum a desk, locking storage, chair, and data connectivity for Housing Navigator to perform required duties.
City of Oroville shall provide employee orientation and training related to the City of Oroville environment to Housing Navigator.
City of Oroville shall, within ten (10) days of signing this agreement contact DESS to discuss the implementation of the program, shall attend site and virtual meetings as needed, and compensate DESS according to the Agreement.
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Both parties agree to cooperate in providing information and documents required by regulatory agencies either party may be accountable for in a timely manner.
Maximum amount to be paid for the above-described services are not to exceed the amount identified on the variable information table which matches per “Attachment III – Method and Rate of Payment”.
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ATTACHMENT III
METHOD AND RATE OF PAYMENT
City of Oroville shall reimburse DESS for the delivery of services mentioned in Attachment II – Description of Services, up to a maximum compensation of eighty-five thousand dollars ($85,000) under this MOU in FY 2025/26.
DESS shall bill City of Oroville in arrears, on a quarterly basis for services provided in the course of the Agreement. The claim shall be on a MOU Request for Payment form (mentioned here by reference only) and shall indicate services provided and total charges.
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ATTACHMENT IV
ASSURANCE OF COMPLIANCE
WITH
THE BUTTE COUNTY DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES
NONDISCRIMINATION IN STATE AND FEDERALLY
ASSISTED PROGRAMS
City of Oroville
HEREBY AGREES THAT it will comply with Title VI and VII of the CIVIL Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977 as amended, and in particular Section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code, Section 51 et seq., as amended; California Government Code Section 11135-11139.5, as amended; California Government Code Section 12940 ©, (h) (1), (I), and (j); California Government Code, Section 4459; Title 22, California Code of Regulations 98000 –98413, and other applicable federal and state laws, as well as their implementing regulations (including 45 Code of Federal Regulations (CFR) Parts 80,84, and 91, 7 CFR Part 15, and 28 CFR Part 42), by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, mental disability, physical disability, medical condition, national origin, race, ancestry, marital status, sexual orientation of any person, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21 will be prohibited.
BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code Section 10605, or Government Code Section 11135- 11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.
The person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the recipient.
THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance.
Brian Ring, City Administrator Date
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IN WITNESSWHEREOF, the Parties hereto, by their duly authorized representative, have affixed their hands on the day and year first above written.
CITY OF OROVILLE
Brian Ring, City of Administrator Date
City of Oroville
DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES
Tiffany Rowe, Director Date
Department of Employment and Social Services
County of Butte
COUNTY
Sarah MacArthur, Deputy Director Date
General Services
APPROVED AS TO FORM
Brad J. Stephens
Butte County Counsel
By Date
REVIEWED FOR CONTRACT POLICY COMPLIANCE
General Services Contracts Division Date
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
WES ERVIN, CITY PLANNER
RE: POTENTIAL FEASIBILTY STUDY FOR THE DRAFT 2025
ANNEXATION STRATEGY FOR THE CITY OF OROVILLE
DATE: JUNE 17, 2025
SUMMARY
The City Council shall consider authorizing staff to appropriate $49,425.00 to study the feasibility of a series of annexations around the edges of the city, and to develop a systematic plan for annexing those areas deemed feasible.
DISCUSSION
The City has policies in the current General Plan regarding annexation, but Oroville has had no systematic strategy since the island annexations of 2011.
General Plan Land Use Goal LU-1:
“Provide for orderly, w Goal LU-1 ell-planned, and balanced growth consistent with the limits imposed by infrastructure and the City’s ability to assimilate new growth.” Land Use Policy 1.1:
“Establish a logical methodology for annexation of land into the City that will reduce “island effects” and provide a more coherent city limit boundary. Annexations shall be coordinated with the appropriate property owners and service providers and in substantial conformance with Butte LAFCO Guidelines.” Land Use policies P1.2 through P1.10 and Actions A1.1 & A1.2 www.cityoforoville.org/home/showpublisheddocument/12187/635955765376170000
In recent months there has been some discussion among staff, with several property owners, and with Butte LAFCo about the possibility of annexing several areas adjacent to existing city limits, some of which have not been considered before. 492
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To study whether any -- or all -- of these areas make sense for the city to annex at this time, staff is requesting the council to authorize an appropriation for a feasibility analysis by RSG, Inc. RSG is the same firm that wrote the city’s 2006 south Oroville annexation feasibility study. The analysis would include a plan for services, a fiscal impact analysis, an operational assessment, and specific recommendations.
The study’s recommendations will be used to refine the attached draft strategy. Staff will then meet with the appropriate affected agencies to discuss constraints, concerns, appropriate levels of service, and phasing. Staff will also work with the County and LAFCo to address interagency agreements and to ensure that the public is informed through a series of seminars and workshops and other comment opportunities.
Staff will continue to work with the Council to receive approval for the required contracts, and to obtain direction in the future development of this plan.
FISCAL IMPACT
The upfront costs for the feasibility study would come from the General Fund and be included in the 2025/26 final budget.
ACTION REQUESTED -
1. RECEIVE A REPORT ON THE ATTACHED DRAFT 2025 ANNEXATION STRATEGY;
2. AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR $49,425 FOR THE FEASIBILITY STUDY;
3. ADOPT RESOLUTION NO. 9389; AND
4. PROVIDE ADDITIONAL COMMENTS AND DIRECTION.
ATTACHMENTS
1. Draft 2025 annexation strategy with quote from RSG, Inc.
2. Resolution No. 9389
3. Draft contract with RSG (No. 3552)
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CITY OF OROVILLE
RESOLUTION NO. 9389
A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING STAFF TO
PROCEED WITH THE DEVELOPMENT AND IMPLEMENTATION OF A
SYSTEMATIC ANNEXATION STRATEGY
WHEREAS, City staff will continue to gather the information necessary for the development of a fiscally responsible and feasible annexation strategy; and WHEREAS, City staff has recognized existing annexation issues and will work cooperatively with residents and local agencies to address these issues; and WHEREAS, City staff will work with consultants and other agencies to assess the feasibility of certain annexation areas and to develop a strategy and timeline.
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
1. Oroville City staff is hereby authorized to proceed with the development and implementation of a comprehensive annexation strategy, subject to the approval of the city council.
2. The City administrator is authorized to execute a contract for a feasibility analysis.
3. The city council appropriates $49,425.00 for the feasibility analysis.
4. The City Clerk shall attest to the adoption of this resolution.
PASSED AND ADOPTED by the Oroville City Council at an adjourned meeting held on June 17, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
David Ritchie, City Attorney Brian Ring, City Clerk
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CITY OF OROVILLE
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on this 24th day of June, 2025, at Oroville, California, by and between the City of Oroville, a California Charter City, 1735 Montgomery Street, Oroville California, 95965 (hereinafter referred to as the “CITY”) and RSG, Inc. of 170 Eucalyptus Avenue, Suite 200, Vista, CA (hereinafter referred to as the “CONTRACTOR”).
RECITALS
A. The CITY proposes to contract for professional services as outlined below; B. The CITY has selected CONTRACTOR as the preferred service provider; C. The CONTRACTOR is willing to perform such services and has the necessary qualifications by reason of experience, preparation, and organization to provide such services; NOW, THEREFORE, the CITY and the CONTRACTOR, mutually agree as follows:
1. SERVICES.
The CONTRACTOR shall perform those services set forth in “Exhibit A,” which is attached hereto and incorporated herein by reference.
2. TERM OF AGREEMENT.
The term of this contract shall commence upon execution by both parties and shall expire on June 30, 2026 unless extended in writing in advance by both parties.
3. TIME OF PERFORMANCE.
The services of the CONTRACTOR are to commence upon receipt of a notice to proceed from the CITY and shall continue until all authorized work is completed to the CITY’s satisfaction, in accordance with the schedule incorporated in “Exhibit A,” unless extended in writing by the CITY.
4. PAYMENT FOR SERVICES.
The CONTRACTOR shall be compensated in an amount not to exceed $49,425.00 for services provided pursuant to this Agreement as described in “Exhibit A, the RSG Proposal.” Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (45) days of presentation of an invoice to the CITY for services performed to the CITY’s satisfaction. The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the CITY.
5. CONTRACT ADMINISTRATION.
5.1. The CITY’s Representative. Unless otherwise designated in writing, Wes Ervin, City Planner, shall serve as the CITY’s representative for the administration 515
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of the project. All activities performed by the CONTRACTOR shall be coordinated with this person.
5.2. Manager-in-Charge. For the CONTRACTOR, Jim Simon ,shall be in charge of the project on all matters relating to this Agreement and any agreement or approval made by her/him shall be binding on the CONTRACTOR. The Manager-in Charge shall not be replaced without the written consent of the CITY.
5.3. Responsibilities of the CITY. The CITY shall provide all relevant documentation in its possession to the CONTRACTOR upon request in order to minimize duplication of efforts. The CITY’s staff shall work with the CONTRACTOR as necessary to facilitate performance of the services.
5.4. Personnel. The CONTRACTOR represents that it has or will secure at its own expense all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by the CONTRACTOR or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The CONTRACTOR reserves the right to determine the assignment of its own employees to the performance of the CONTRACTOR’s services under this Agreement, but the CITY reserves the right, for good cause, to require the CONTRACTOR to exclude any employee from performing services on the CITY’s premises.
6. TERMINATION.
6.1. Termination for Convenience. Either party may terminate this Agreement without cause and in its sole discretion at any time by giving the other party thirty (30) days' written notice of such termination. In the event of such termination, the CONTRACTOR shall cease services as of the date of termination and shall be compensated for services performed to the CITY's satisfaction up to the date of termination.
6.2. Termination for Cause. All terms, provisions, and specifications of this Agreement are material and binding, and failure to perform any material portion of the work described herein shall be considered a breach of this Agreement. Should the Agreement be breached in any manner, the CITY may, at its option, terminate the Agreement not less than five (5) days after written notification is received by the CONTRACTOR to remedy the violation within the stated time or within any other time period agreed to by the parties. In the event of such termination, the CONTRACTOR shall be responsible for any additional costs incurred by the CITY in securing the services from another contractor.
7. INDEMNIFICATION.
Contractor shall indemnify and hold harmless CITY from and against all liability arising out of or in connection with Contractor's negligent or wrongful acts, errors or omissions in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement. In the event that CITY is named as a party defendant in a lawsuit alleging injury as a result of Contractor’s negligent or wrongful performance under this Agreement, Contractor shall defend CITY with counsel approved by CITY, which approval will not be unreasonably withheld, and bear responsibility for attorney’s fees, expert fees and all other costs and expenses 516
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of litigation. Should conflict of interest principles preclude a single lawyer from representing both CITY and Contractor, or should CITY otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the CITY its costs of defense, including without limitation reasonable attorney’s fees, expert fees and all other costs and expenses of litigation.
Contractor shall promptly pay any final, non-appealable judgment rendered against the CITY. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California but the indemnity obligation will exclude such loss or damage which is determined to be caused by the sole negligence or willful misconduct of the CITY.
The obligations established by this paragraph will survive termination of this Agreement. For purposes of this paragraph:
• CITY means the CITY Council and its subordinate bodies, elected and appointed CITY officials and officers, CITY employees and authorized agents and volunteers of the CITY.
• Liability means any claims or causes of action raised or asserted by, damage to, loss or expense incurred by or judgments rendered in favor of persons or entities not a party to this Agreement.
• The types of damages included within this indemnity obligation include, but are not limited to, personal injury, bodily injury, death, loss of use, and damage to or loss of real and personal property.
• The indemnity obligation of this paragraph includes all forms of negligent acts, errors and omissions, wrongful behavior and willful misconduct (including but not limited to breaches of professional standards of care, if applicable, and breach of contract) by Contractor and any of its officers, agents employees and subcontractors.
8. INSURANCE REQUIREMENTS.
8.1. The CONTRACTOR, at the CONTRACTOR’s own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies:
8.1.1. Workers’ Compensation Coverage. The CONTRACTOR shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for its employees in accordance with the laws of the State of California. In addition, the CONTRACTOR shall require any and every subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all the subcontractor’s employees. Any notice of cancellation or nonrenewal of all Workers’ Compensation policies must be received by the CITY at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, agents, employees, and volunteers for losses arising from work performed by the CONTRACTOR for CITY. This provision shall not apply if the CONTRACTOR has no employees performing work under this Agreement. 517
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8.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
8.1.3. Automobile Liability Coverage. The CONTRACTOR shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than three hundred thousand dollars ($300,000) combined single limit for each occurrence. If CONTRACTOR or CONTRACTOR’s employees will use personal autos in any way on this project, CONTRACTOR shall obtain evidence of personal auto liability coverage for each such person.
8.1.4. Professional Liability Coverage. The CONTRACTOR shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from the CONTRACTOR’s operations under this Agreement, whether such operations be by the CONTRACTOR or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single-limit-per-occurrence basis.
8.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A-:VII. Each general liability insurance policy shall be endorsed with the specific language of Section 8.2.1 below.
CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.
8.2.1. “The CITY, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the CONTRACTOR, including materials, parts, or equipment furnished in connection with such work or operations.”
8.2.2. This policy shall be considered primary insurance as respects the CITY, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the CITY, including any self-insured retention the CITY may have, shall be considered excess insurance only and shall not contribute with this policy.
8.2.3. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
8.2.4. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and 518
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policy limits set forth in this section constitute the minimum amounts of coverage required. Any insurance proceeds available to the CITY in excess of the limits and coverage required in this agreement and which is applicable to a given loss will be available to the CITY.
8.2.5. The insurer waives all rights of subrogation against the CITY, its elected or appointed officers, officials, employees, or agents regardless of the applicability of any insurance proceeds, and agrees to require all subcontractors to do likewise.
8.2.6. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its elected or appointed officers, officials, employees, agents, or volunteers.
8.2.7. The insurance provided by this policy shall not be suspended, voided or reduced in coverage or in limits except after thirty (30) days’ written notice has been submitted to the CITY and approved of in writing, except in the case of cancellation, for which ten (10) days’ written notice shall be provided.
8.2.8. Contractor agrees to provide immediate notice to CITY of any claim or loss against Contractor arising out of the work performed under this agreement. CITY assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
8.3. Self Insured Retention/Deductibles. All policies required by this Agreement shall allow CITY, as additional insured, to satisfy the self-insured retention (“SIR”) and/or deductible of the policy in lieu of the CONTRACTOR (as the named insured) should CONTRACTOR fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the CITY Attorney. CONTRACTOR understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by CONTRACTOR as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the CONTRACTOR’s failure or refusal to do so in order to secure defense and indemnification as an additional insured under the policy, CITY may include such amounts as damages in any action against CONTRACTOR for breach of this Agreement in addition to any other damages incurred by CITY due to the breach.
8.4. Certificates of Insurance. The CONTRACTOR shall provide certificates of insurance with original endorsements to the CITY as evidence of the insurance coverage required herein.
Certificates of such insurance shall be filed with the CITY on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CONTRACTOR shall provide written evidence of current automobile coverage to comply with the automobile insurance requirement.
8.5. Failure to Procure Insurance. Failure on the part of the CONTRACTOR to procure or maintain required insurance shall constitute a material breach of contract under which the CITY may terminate this Agreement pursuant to Section 6.2 above. 519
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9. ASSIGNMENT AND SUBCONTRACTING.
The parties recognize that a substantial inducement to the City for entering into this Agreement is the professional reputation, experience, and competence of the CONTRACTOR. Assignments of any or all rights, duties, or obligations of the CONTRACTOR under this Agreement will be permitted only with the express consent of the CITY. The CONTRACTOR shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the CITY. If the CITY consents to such subcontract, the CONTRACTOR shall be fully responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
10. COMPLIANCE WITH LAWS, CODES, ORDINANCES, AND REGULATIONS.
The CONTRACTOR shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
10.1. Taxes. The CONTRACTOR agrees to pay all required taxes on amounts paid to the CONTRACTOR under this Agreement, and to indemnify and hold the CITY harmless from any and all taxes, assessments, penalties, and interest asserted against the CITY by reason of the independent contractor relationship created by this Agreement. In the event that the CITY is audited by any Federal or State agency regarding the independent contractor status of the CONTRACTOR and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between the CITY and the CONTRACTOR, then the CONTRACTOR agrees to reimburse the CITY for all costs, including accounting and attorneys’ fees, arising out of such audit and any appeals relating thereto.
10.2. Workers’ Compensation Law. The CONTRACTOR shall fully comply with the workers’ compensation law regarding the CONTRACTOR and the CONTRACTOR’s employees. The CONTRACTOR further agrees to indemnify and hold the CITY harmless from any failure of the CONTRACTOR to comply with applicable workers’ compensation laws. The CITY shall have the right to offset against the amount of any compensation due to the CONTRACTOR under this Agreement any amount due to the CITY from the CONTRACTOR as a result of the CONTRACTOR’s failure to promptly pay to the CITY any reimbursement or indemnification arising under this Section.
10.3. Licenses. The CONTRACTOR represents and warrants to the CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of the CONTRACTOR to practice its profession. The CONTRACTOR represents and warrants to the DISTRICT that the CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of the CONTRACTOR to practice its profession.
11. CONFLICT OF INTEREST.
The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The 520
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CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation, nor shall it employ or subcontract with any person for performance of this Agreement who has such incompatible interest or obligation.
12. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY.
The CONTRACTOR represents and agrees that it does not and will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. The CONTRACTOR will ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. Such action shall include, but not be limited to the following: employment, upgrading, promotion, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to include in all solicitations or advertisements for employment and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
13. RECORDS AND AUDITS.
The CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY or any authorized representative.
All records shall be made available at the request of the CITY, with reasonable notice, during regular business hours, and shall be retained by the CONTRACTOR for a period of three years after the expiration of this Agreement.
14. OWNERSHIP OF DOCUMENTS.
It is understood and agreed that the CITY shall own all documents and other work product of the CONTRACTOR, except the CONTRACTOR’s notes and workpapers, which pertain to the work performed under this Agreement. The CITY shall have the sole right to use such materials in its discretion and without further compensation to the CONTRACTOR. The CONTRACTOR shall at its sole expense provide all such documents to the CITY upon request.
15. INDEPENDENT CONTRACTOR.
The CONTRACTOR is and shall at all times remain as to the CITY a wholly independent CONTRACTOR. Neither the CITY nor any of its agents shall have control over the conduct of the CONTRACTOR or any of the CONTRACTOR’s employees or agents, except as herein set forth. The CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY. The CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of the CITY or otherwise act on behalf of the CITY as an agent unless that authority is expressly authorized in writing by CITY. By executing this Agreement, CONTRACTOR confirms and asserts that A) they shall be responsible to direct their own work and are free from CITY control in the precise manner and details of how the work is carried out; B) that the work performed by CONTRACTOR is understood to be outside the scope of the usual course of business carried out by the CITY; and 521
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C) that CONTRACTOR is customarily engaged in an independently established trade, occupation, or business of the same nature of that performed for the CITY.
If CONTRACTOR, at any time comes to believe that they are an employee and not an independent contractor, CONTRACTOR shall immediately notify the CITY of such belief. All work to be performed by CONTRACTOR under this Agreement shall be immediately suspended. Contractor agrees to indemnify and hold harmless the Company from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, provided that such claims arise out of or are based upon the Contractor's designation as an independent contractor and not as an employee of the Company. Contractor waives any right to recover from the Company any expenses or losses, including but not limited to those arising from claims that Contractor was misclassified as an independent contractor unless such indemnification is prohibited by law. In the event CONTRACTOR notifies CITY of a purported misclassification, the CITY may elect to immediately terminate this Agreement.
16. NOTICE.
All Notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement.
Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
CITY:
City of Oroville,
1735 Montgomery Street,
Oroville, California, 95965
Attention: City Administrator
CONTRACTOR:
RSG, Inc. 170 Eucalyptus Avenue,
Vista, California, 92084
Attention: Jim Simon
17. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California. The venue shall be the County of Butte, California.
18. Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended.
During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended. 522
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In addition to the foregoing requirements, all nonexempt contractors and subcontractors shall furnish to the owner, the following: 1. A stipulation by the contractor or subcontractors, that any facility to be utilized in the performance of any non-exempt contract or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20. 2. Agreement by the contractor to comply with all the requirements of Section 114 of the Clean Air Act, as amended, (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued there under. 3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification received from the Director, Office of Federal Activities, EPA, indicating that a facility utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of Violating Facilities. 4. Agreement by the contractor that he will include, or cause to be included, the criteria and requirements in paragraph (1) through (4) of this section in every nonexempt subcontract and requiring that the contractor will take such action as the government may direct as a means of enforcing such provisions.
19. FEDERAL LOBBYING RESTRICTIONS
United States Code §1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a federal agency or Congress in connection with the awarding of any federal-aid contract, the making of any federal grant or loan, or the entering into of any cooperative agreement. If any funds other than federal funds have been paid for the same purposes in connection with this federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents. A certification for federal-aid contracts regarding payment of funds to lobby Congress or a federal agency is included in the proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the proposal. Signing the proposal shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes: 1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered federal action; or 2) A change in the person(s) or individual(s) influencing or attempting to influence a covered federal action; or 3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal action.
20. DRUG-FREE WORKPLACE
Contactor, by signing this agreement, hereby certifies that it shall provide a drug-free workplace in compliance with the Drug-Free Workplace Act of 1988, as amended. This requirement is applicable to all Contracts and Subcontracts of $100,000 or more. 523
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21. ENTIRE AGREEMENT; MODIFICATION.
This Agreement supersedes any and all other agreements, either oral or written, between the parties, and contains all of the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Any agreement, statement, or promise not contained in the Agreement, and any modification to the Agreement, will be effective only if signed by both parties.
22. WAIVER.
Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this agreement. Payment of any invoice by the CITY shall not constitute a waiver of the CITY’s right to obtain correction or replacement of any defective or noncompliant work product.
23. EXECUTION.
This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
24. AUTHORITY TO ENTER AGREEMENT.
The CONTRACTOR has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
IN WITNESS WHEREOF, the parties have executed this Agreement the day of , 2025.
CONTRACTOR: APPROVED AS TO FORM:
Jim Simon, President David Ritchie, City Attorney
CITY OF OROVILLE:
Brian Ring, City Administrator
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Via Electronic Mail
June 6, 2025 [email protected]
Wes Ervin, City Planner
CITY OF OROVILLE
1735 Montgomery Street
Oroville, CA 95965
SCOPE OF SERVICES AND FEE PROPOSAL
ANNEXATION STUDY
Dear Mr. Ervin:
At your request, RSG, Inc. (“RSG”) has prepared this work program to prepare an annexation study for portions of the Oroville sphere of influence (“Study Area”) for the City of Oroville (“City”). The purpose of the study is to enable the City to plan for future annexations, which may be done in phases by the City.
RSG previously prepared an annexation study for what was known as the South Oroville area, which ultimately led to the 2015 annexation of the southside neighborhood, which was the largest annexation into the City in recent years.
UNDERSTANDING OF ASSIGNMENT
The Oroville SOI was most recently reviewed by the Butte Local Agency Formation Commission (“LAFCO”) in 2024. According to the Municipal Services Review, the City’s SOI is approximately 41 square miles, which is substantially larger than the City limits at about 13.85 square miles. In recent years, the City has grown largely in annexed areas, due primarily due to relative home affordability and migration from Paradise residents displaced after the Camp Fire, and the MSR indicated that this trend is likely to continue.
Since the MSR was prepared, the City reviewed the SOI and in an internal document dated May 15, 2025, mapped and inventoried several areas where they may be interested in pursuing annexation (which incidentally differs from the list of areas in the MSR). These areas include the following:
1. Long Bar Plus (29 lots),
2. Rio D’Oro & Hwy 70 Ind & Seidenglanz (79 lots),
3. Oro Bay, Wilbur, Par Four (33 lots)
4. Thermalito Area:
a. Thermalito along Biggs (389 lots),
b. Thermalito along parcel lines (315 lots), or
c. Thermalito along Feather Avenue (582 lots),
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CITY OF OROVILLE
June 6, 2025
5. NE Ophir to Lincoln (10 lots), and
6. Thermalito remainder (unknown number of lots).
Some of these areas are populated by low-income and minority populations. LAFCO emphasized that future annexations need to be done strategically to prevent negative impact on these communities. More specifically, in the MSR, LAFCO requested that the City develop an annexation plan to guide LAFCO and the City, as well as the general public.
As part of this annexation plan, the City is seeking a technical study of these study areas that would evaluate current services and providers, create a plan for services upon annexation, and inform the City of the fiscal implications of annexation.
Accordingly, this letter of proposal outlines RSG’s work program and associated fees for your consideration.
SCOPE OF SERVICES
The organizational study aims to:
• Evaluate the current organizational structure, staffing levels, and position classifications
• Assess operational efficiency and effectiveness
• Identify strengths, weaknesses, opportunities, and threats (SWOT analysis) • Analyze workload distribution and resource allocation • Compare practices with industry standards and best practices • Develop recommendations for organizational improvements • Create an implementation strategy for recommended changes Project Kickoff
• Collect tax roll, GIS files, business, demographic, and budget data, MSR relevant agency info
• Review and refine City's internal analysis, develop agenda for client kickoff • In-person project kickoff and site visit
• Transmit recap to client including schedule and milestone target dates Collect Current Baseline Conditions and Compile Plan for Services Matrix • Evaluate City/County master or recent property tax exchange agreement • Confer with County CAO and Butte LAFCO on approach and assistance needed • Evaluate out-of-area service agreements, services, and current service providers
• Prepare existing and planned service provider matrix for study area • Quantify existing and planned service levels and standards for study area 526
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Wes Ervin, City Planner
CITY OF OROVILLE
June 6, 2025
Prepare Annexation Fiscal Impact Analysis
• Analyze expenditure detail reports from City to ascertain direct and indirect cost impacts
• Develop revenue estimates and forecast operating and capital budgets for 10 year period
• One virtual check in meeting with client to discuss progress and any issues Operational Assessment
• Job task analysis for all positions within the division • Time allocation study to determine how staff time is distributed • Process mapping of key operational workflows and service delivery • Space utilization and equipment/asset inventory assessment • Technology systems evaluation
Prepare Report and Formulate Annexation Strategy with Recommendations for Addressing Needs
• Draft study including exec summary, methodology, assumptions, findings, and recommendations
• Route draft study to client for administrative review and finalize study after one round of comments
Presentation to City Council
• Coordinate and prepare for City Council presentation
• Attend and present findings at City Council meeting (tentatively Sep 2)
PROJECT TIMELINE
The organizational study will be conducted over a 8-10 week period. Assuming a start date of no later than July 1, 2025, we plan to have a draft report to the client by mid August and present our findings to the City Council at their regularly scheduled meeting on September 2, 2025.
FEE ESTIMATE
RSG is proposing to bill for these services on a time-and-materials basis for a fee not to exceed $49,425, inclusive of two in person meetings. RSG would charge for these services based on our hourly rate schedule:
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Wes Ervin, City Planner
CITY OF OROVILLE
June 6, 2025
Principal $305
Director $295
Senior Associate $250
Associate $205
Senior Analyst $185
Analyst $170
Research Assistant $145
Technician $120
Clerical $100
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services and overnight shipping/express mail costs. We also charge for copies of reports, documents, notices, and support material in excess of five copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended, and the hourly rate.
Please let me know if you have any questions or refinements to this proposal.
Sincerely,
RSG, Inc.
Jim Simon
President/Principal
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: PATRICK PIATT, COMMUNITY DEVELOPMENT DIRECTOR
RE: ADOPTION OF RESOLUTION AUTHORIZING THE CITY OF
OROVILLE TO JOIN PIONEER COMMUNITY ENERGY AND EXECUTE
THE JOINT POWERS AGREEMENT
DATE: JUNE 17, 2025
SUMMARY
The City Council shall consider providing direction to the City Administrator to execute the Amended and Restated Joint Powers Agreement (JPA) for Pioneer Community Energy. Execution of the JPA will allow the City of Oroville to become a Voting Member of the Pioneer Joint Powers Authority and participate in the Community Choice Aggregation (CCA) program administered by Pioneer.
DISCUSSION
Pioneer Community Energy is a Joint Powers Authority established in 2015 to operate a Community Choice Aggregation (CCA) program that enables local jurisdictions to procure electricity on behalf of their residents and businesses. The City of Oroville previously adopted an ordinance to participate in a CCA program, with the understanding that staff would return to the Council for final approval to join the Pioneer JPA once eligibility and terms were confirmed.
Joining Pioneer as a Voting Member will allow the City of Oroville to:
Provide cleaner, competitively priced electricity to its residents and businesses Participate in governance through representation on the Pioneer Board of Directors Pursue energy-related programs such as local generation, energy resilience, and efficiency projects in partnership with Pioneer
The JPA outlines the governance structure, responsibilities, and withdrawal provisions for member agencies. Should Oroville choose to exit the agreement in the future, the JPA provides a clear withdrawal process requiring 12 months' notice, effective at the start of Pioneer’s fiscal year, and outlines terms to ensure equitable treatment regarding costs incurred on the City’s behalf.
Staff has reviewed the JPA and determined that it provides flexibility for local initiatives, including opportunities to explore microgrid development or other energy innovations, in coordination with or through Pioneer.
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FISCAL IMPACT
There is no immediate fiscal impact from executing the JPA. Implementation costs for CCA operations are funded through customer revenues collected by Pioneer. Participation may result in long-term cost savings, improved energy program access, and local economic benefits.
ACTION REQUESTED -
DIRECT THE CITY ADMINISTRATOR TO EXECUTE THE AMENDED AND RESTATED JOINT
POWERS AGREEMENT, ALLOWING THE CITY OF OROVILLE TO BECOME A VOTING MEMBER OF PIONEER COMMUNITY ENERGY.
ATTACHMENTS
1. Resolution – Authorizing City Membership in Pioneer Community Energy
2. Amended and Restated Joint Powers Agreement No. 3553 Pioneer Community Energy –
3. Joint Powers Agreement Signature Page
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Before the Governing Board of
Pioneer Community Energy
In the matter of: RESOLUTION APPROVING
AMENDMENT NO. 7 TO THE AMENDED AND
RESTATED JOINT EXERCISE OF POWERS
AGREEMENT FOR PIONEER COMMUNITY
ENERGY EXPANDING PIONEER COMMUNITY
ENERGY'S JOINT POWERS AUTHORITY
MEMBERSHIP
Resolution No.: 2025-8
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held February 27, 2025, by the following vote on roll call:
Ayes: Carter, DeMattei, Dowdin Calvillo, Ivy, Janda, Jones, Lomen, Pearl, Ring .
Noes: None.
Absent: Parlin, Petersen.
Signed and approved by me after its passage.
Chair of the Governing Board
Attest:
Secretary ~~
WHEREAS, the Sierra Valley Energy Authority was established on September 9, 2015, between the County of Placer and the City of Colfax; and WHEREAS, the Sierra Valley Energy Authority was originally created for the purpose of providing a financing conduit and program expansion platform for the mPOWER Program; and WHEREAS, counties and cities have the power under California law to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, by providing a Community Choice Aggregation Program, pursuant to Public Utilities Code Sections 331.1 and 366.2; and
WHEREAS, the Amended and Restated Joint Exercise of Powers Agreement for the Sierra Valley Energy Authority (the "Amended and Restated JPA'') became effective on February 22, 2017; and
WHEREAS, the Amended and Restated JPA allowed for the establishment of a Community Choice Aggregation Program within the jurisdiction of the Voting Members and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and 390162.1
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WHEREAS, on July 17, 2017, the Governing Board of the Sierra Valley Energy Authority took action to rename and brand Sierra Valley Energy Authority as Pioneer Community Energy ("Pioneer"); and
WHEREAS, the current members of Pioneer include the Cities of Auburn, Colfax, Grass Valley, Lincoln, Nevada City, Placerville, and Rocklin, the Town of Loomis, and unincorporated Placer and El Dorado Counties; and
WHEREAS, prior to providing service pursuant to an expansion, Public Utilities Code Section 366.2 requires that Pioneer prepare and adopt a Revised Implementation Plan to be filed with the California Public Utilities Commission; and
WHEREAS, the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne expressed a desire to join Pioneer for the purpose of participating in Pioneer's Community Choice Aggregation Program ("CCA Program") and
WHEREAS, the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne took appropriate steps toward offering CCA service within their respective communities, adopting requisite resolutions and ordinances at duly noticed meetings of the agencies' governing bodies; and
WHEREAS, an impact assessment study was performed to analyze the feasibility of expanding Pioneer's CCA Program service territory to include these prospective members, the results of which showed such an expansion to be beneficial to both existing Pioneer ratepayers, and potential ratepayers in the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne; and
WHEREAS, the City Councils of the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town Council of the Town of Paradise, and the Board of Supervisors of Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne, have adopted respective resolutions approved the Amended and Restated JPA; and WHEREAS, pursuant to section 8 of the Amended and Restated JPA, an amendment requires an affirmative vote of at least two-thirds of the Pioneer Board Members; and WHEREAS, Pioneer provided written notice to each Member 30 days prior to the date the Pioneer Board intended to vote on an amendment to the Amended and Restated JPA as required by section 19 of the Amended and Restated JPA; and WHEREAS, to these ends, the Pioneer Board desires to approved Amendment No. 7 to the Amended and Restated JPA to provide for the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne to become Voting Members under the Amended and Restated JPA for Pioneer Community Energy conditioned on an effective upon receipt of certification of Addendum No. 3 to the Implementation Plan and Statement of Intent from the California Public Utilities Commission; and
WHEREAS, representatives of the New Members will assume their seat as a Voting Member of the Pioneer Community Energy Board of Directors in compliance with Pioneer's JPA, Bylaws, and other applicable policies and rules.
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BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:
1. The above recitals are true and correct.
2. This Amendment No. 7 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy provides for admission of the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne as Voting Members.
3. The Pioneer Community Energy Board of Directors hereby approves Amendment No. 7 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy under the Joint Exercise of Powers Law, which amends Exhibit A to the Amended and Restated Joint Exercise of Powers Agreement in the form attached hereto as Exhibit A.
4. Pioneer Staff is hereby authorized to file Amendment No. 7 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy with the Secretary of State, LAFCos with jurisdiction over Pioneer's service territory, and to take all other necessary steps to implement Amendment No. 7.
5. This Resolution shall take effect immediately upon certification of Addendum No. 3 to the Implementation Plan and Statement of Intent.
Exhibit A: Exhibit A of the Amended and Restated JPA listing of Voting Members and Associate Members
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AMENDMENT NO. 7 TO THE AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY
Exhibit A to the Agreement listing Voting and Associate Members of Pioneer Community Energy is hereby amended to reflect the current membership as follows:
Exhibit A
Voting Members and Associate Members
Section A.l Voting Members
City of Auburn
390170.1
City of Chico
City of Colfax
City of Grass Valley
City of Lincoln
City of Live Oak
City of Nevada City
City of Orland
City of Oroville
City of Placerville
City of Rocklin
City of Sonora
City of Willows
City of Yuba City
County of Butte
County of El Dorado
County of Glenn
County of Nevada
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County of Placer
County of Sutter
County of Tuolumne
Town of Loomis
Town of Paradise
Section A.2 Associate Members
City of Folsom
390170.1
County of Sacramento
Town of Truckee
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Pioneer Community Energy
Joint Exercise of Powers Agreement
Effective September 9, 2015
As amended and restated effective February 22, 2017
As amended by Amendment No. 1 dated December 27, 2020
As further amended by Amendment No. 2 dated January 21, 2021 As further amended by Amendment No. 3 dated April 15, 2021 As further amended by Amendment No. 4 dated January 20, 2022 As further amended by Amendment No. 5 dated November 17, 2022 As further amended by Amendment No. 6 dated February 27, 2025 Among the Following Parties:
City of Auburn
City of Colfax
County of El Dorado
City of Grass Valley
City of Lincoln
Town of Loomis
City of Nevada City
County of Placer
City of Placerville
City of Rocklin
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AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT FOR PIONEER COMMUNITY
ENERGY
THIS Amended and Restated Joint Exercise of Powers Agreement (hereafter “Agreement”) amends and restates the Joint Exercise of Powers Agreement for the SIERRA VALLEY ENERGY AUTHORITY, originally entered as of September 9, 2015, (the "Original Agreement") which was by and between the COUNTY OF PLACER, and the CITY OF COLFAX, both public entities of the State of California. By this amendment and restatement it becomes a Joint Exercise of Powers Agreement for PIONEER COMMUNITY ENERGY (hereafter “Pioneer”) by and among Voting Members (including New Voting Members) and the Associate Members listed in Exhibit A to this Agreement, all public entities of the State of California who become signatories to this Agreement, and relates to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the “Members”).
RECITALS:
A. Whereas, each of the Members has a vested interest in the economic wellbeing of its respective jurisdiction and the region as a whole as well as energy efficiency and clean energy growth and development; B. Whereas, the Members desire to enter into this Agreement to provide for local control of energy resources, the adoption of programs to foster economic development, energy efficiency, and resource conservation, and to further define and describe the scope of powers to be exercised by Pioneer; C. Whereas, the Members share various powers under California law, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with property owners to provide financing for the installation of public and private improvements authorized within their jurisdictions;
D. Whereas, the purposes for entering into this restated Agreement include, but are not limited to:
1) Providing electric power and other forms of energy to customers at a competitive cost;
2) Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources and the overall power supply portfolio.
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3) Carrying out programs to reduce energy consumption;
4) Stimulating and sustaining the local economy by developing local jobs in renewable energy; and
5) Reducing greenhouse gas emissions related to the use of electric power and other forms of energy in Placer County and neighboring regions;
E. Whereas, it is the intent of this Agreement to promote the development and use of a wide range of energy sources and energy efficiency programs, including but not limited to hydroelectric, biomass, landfill gas, conversion of waste-to-energy, solar, and wind energy production;
F. Whereas, Pacific Gas and Electric and Liberty Energy are the investor owned providers of retail electric service throughout the Voting Member jurisdictions and a Community Choice Aggregator is authorized to aggregate electrical load served by such investor owned providers within its members’ jurisdiction. Each of the Voting Members must adopt an ordinance electing to implement through Pioneer a common Community Choice Aggregation pursuant to California Public Utilities Code Sections 331.1(b) and 366.2(12)(A).
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the Members hereto agree to establish a joint powers authority as follows:
Section 1. Authority for this Joint Exercise of Powers Agreement This Agreement is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of power common to the counties and public agencies and other powers specified therein (hereinafter the “Act”). Under Sections 6505 and 6507 of the Act, Pioneer is a public agency separate from its Members. As provided by Section 6508.1 of the Act, and Section 12 hereof the debts, liabilities or obligations of Pioneer shall not be the debts, liabilities or obligations of the individual Members, unless the governing body of a Member agrees in writing to assume any of those debts, liabilities or obligations.
The Members are each empowered by the laws of the State of California to exercise, in their respective jurisdictions, the powers set forth herein, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with properties owners for authorized improvements within their jurisdictions.
Section 2. Purpose of Agreement
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to the Members and other powers granted to Pioneer under the Act, to study, promote, develop, conduct, operate, and manage energy, energy efficiency 538
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and conservation, and other energy-related programs, to exercise all other powers necessary and incidental to accomplishing these purposes, and to provide a Community Choice Aggregation (hereinafter “CCA”) Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2, and as further described in Section 10.
Without limiting the generality of the foregoing, the Members also intend for this Agreement to be used as a mechanism by which Voting Members and non-voting Associate Members may authorize Pioneer to provide Property Assessed Clean Energy (“PACE”) Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code (“Chapter 29”). Pioneer may provide PACE Programs pursuant to Chapter 29 within the boundaries of each Voting Member as set forth in Section 10(C) herein, and within the boundaries of each non-voting Associate Member as set forth in Sections 16 herein. The Members intend that other agreements with Associate Members shall define the terms and conditions associated with the implementation of the CCA Program, the PACE Program, and any other energy programs approved by Pioneer within the territorial jurisdiction of such Associate Members.
Section 3. Effective Date and Term
This Agreement shall be effective as an amendment and restatement of the Original Agreement, and Pioneer shall continue to exist as a separate public agency under the terms of this Agreement upon execution by the County of Placer and the City of Colfax. This Agreement shall be in full force and effect until terminated in the manner herein provided, subject to the rights of the Members to withdraw from Pioneer.
Section 4. Powers
Pioneer shall have all powers common to the Members, and such additional powers accorded to it by law, including the power to develop and implement comprehensive energy and resource development and conservation programs, as described herein. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by Pioneer within the territory of Pioneer shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). As required by Government Code Section 6509, the power of Pioneer is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.
Pioneer is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 5C and Section 8:
A. to make and enter into contracts;
B. to employ agents and employees, including but not limited to an Chief Executive Officer;
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C. to acquire, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements;
D. to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; E. to lease any property;
F. to sue and be sued in its own name;
G. to incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided under the Marks- Roos Local Bond Pooling Act of 1985, as amended, and other provisions of California law that authorize public agencies to issue bonds and incur indebtedness, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et. seq.;
H. to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs and to take advantage of legislative or regulatory changes;
I. to deposit its money pursuant to Section 6505.5 of the Act and to invest its money which is not required for the immediate use of Pioneer, as Pioneer determines is advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53635 of the California Government Code;
J. to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
K. to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
L. to adopt rules, regulations, policies, bylaws and procedures governing the operation of Pioneer (“Operating Rules and Regulations”); M. to establish and operate a CCA program, and make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program, including the acquisition of electric power supply and the provision of retail and regulatory support services;
N. to establish and operate one or more PACE programs pursuant to Chapter 29, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers ----
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agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of Pioneer;
O. to establish a non-voting “Associate Member” status that provides membership in Pioneer to jurisdictions that are outside jurisdictional boundaries of Pioneer’s Voting Members, but within whose boundaries a PACE, CCA, or other energy program is established and implemented by Pioneer on behalf of the Associate Member. Said jurisdictions shall adopt one or more agreements (a “PACE Agreement”, “CCA Agreement”, or other energy program agreement, as applicable) on terms and conditions established by Pioneer. The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement, CCA Agreement or other energy program agreement for the purposes of implementing the PACE Program, CCA Program or other energy program, respectively, within the jurisdictional boundaries of the Associate Member. Except as expressly provided for by the PACE Agreement, CCA Agreement or other energy program agreement, Associate Members shall not have any rights otherwise granted to Pioneer Members by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement;
P. to execute agreements for the purpose of authorizing Pioneer to implement, manage and administer area-wide and regional programs in the interest of providing energy supply, development of energy generation, energy efficiency, resource conservation, local public welfare and other economically related energy programs. The costs incurred by Pioneer in implementing a program, including indirect costs, shall be costs of Pioneer and shall not be assessed to the Members, unless approved by the Governing Body of the Member.
Section 5. Governance and Internal Organization
A. Governing Board. The governing body of Pioneer shall consist of two (2) members of the Placer County Board of Supervisors, and one (1) member each for all other Voting Members, appointed respectively by each Voting Member that is or becomes a signatory to this Agreement (“Board Member”). The total number of Board Members shall equal the total number of Voting Members listed in Exhibit A plus one (1).
The Boards of Supervisors, City Councils and Town Councils of the Voting Members listed in Exhibit A shall respectively appoint such member(s) set out above and not less than one alternate member per Board Member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors, City Council or Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board whenever the regular 541
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member, for whom they are designated to act as an alternate, is absent from the meeting.
B. Quorum. The majority of the members of the Board shall constitute a quorum. No action may be taken by the Board unless a quorum is present, except that less than a quorum may adjourn a meeting from time to time.
C. Powers and Function of Board. The Board will exercise governance, policy guidance and oversight over the business and activities of Pioneer, consistent with this Agreement and applicable law. Unless otherwise specified in Section 8, action by Pioneer Board will be taken by majority vote of the Board Members present.
D. Chairperson. The Chairperson and Vice Chairperson of the Board shall be selected by the Board from its members. The term of office of the Chairperson and Vice Chairperson shall each be one calendar year.
E. Secretary. The Board shall appoint a Secretary to the Board who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of Pioneer.
F. Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 of the California Government Code (hereafter, the “Brown Act”). The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.
G. Bylaws. The Board shall adopt bylaws for the conduct of business that shall not be inconsistent with the provisions of this Agreement, and the laws of the State of California.
H. Board Member Compensation. Board Members shall serve without compensation from Pioneer. However, Board Members may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by Pioneer of expenses incurred by Board Members.
Section 6. Chief Executive Officer and Other Staff
A. Chief Executive Officer. The Board shall appoint a Chief Executive Officer for Pioneer, who shall be responsible for the day-to-clay operation and management of Pioneer. The Chief Executive Officer may exercise all 542
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powers of Pioneer, except the powers specifically set forth in Section 4, or those powers that by law must be exercised by the Board. The Chief Executive Officer shall hire and supervise any Pioneer employees or consultants.
B. Chief Executive Officer Reports to the Board. The Chief Executive Officer shall prepare, no later than the 20th day of each first month of each fiscal quarter, a report to the Board on the operations of Pioneer during the preceding fiscal quarter. The Bylaws shall specify the information to be included in the Chief Executive Officer’s reports.
C. Services Providers. The Chief Executive Officer may appoint one or more services providers to serve as Pioneer’s agent(s) for planning, implementing, operating and administering the PACE Program, the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between Pioneer and the appointed administrative services provider or providers (a “Services Agreement”). The appointed services provider may be one of the Voting Members. A Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the PACE Program, the CCA Program and other approved programs. The Services Agreement shall set forth the term of the Agreement and the circumstances under which the Services Agreement may be terminated by Pioneer. This section shall not in any way be construed to limit the discretion of Pioneer to hire its own employees to administer the PACE Program, the CCA Program or any other program.
D. Independent Monitor. The Board may appoint or contract for the services of an independent monitor to review programs operated by Pioneer and to report to the Board.
E. Advisory Commissions, Boards or Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees.
Section 7. Treasurer and Auditor-Controller
The Governing Board shall appoint a Treasurer for Pioneer. The Treasurer shall be the depository of Pioneer and shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The duties and obligations of the Treasurer are further specified in Section 9. The Governing Body shall appoint an Auditor-Controller for Pioneer in compliance with the Act. The Auditor-Controller of Pioneer shall make or contract with a certified public accountant to cause an annual audit in compliance with Section 6506 of the 543
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Act. Pioneer of the Board to appoint a Treasurer and Auditor/Controller shall include Pioneer to combine both offices to be held by one officer or employee pursuant to section 6505.6 of the Act.
Section 8. Special Voting Requirements and Voting Shares A. Involuntary Termination or Amendment. Action of the Board on matters set forth in Section 15A (involuntary termination of a Member), or Section 19 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of the Board Members; provided, however, that for votes to involuntarily terminate a Member under Section 15A, the Board Member(s) for the Member subject to involuntary termination may not vote, and the number of Board Members constituting two-thirds of all Board Members shall be recalculated as if the Voting Member subject to possible termination were not a Voting Member.
B. Eminent Domain. A decision to exercise the power of eminent domain on behalf of Pioneer to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least two-thirds of all Board Members.
C. Contributions by Members. The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the PACE Program, the CCA Program, or other energy programs shall require a vote of at least two-thirds of all Board Members and the approval of the governing boards of the Members and Associate Members who are being asked to make such contribution or pledge.
Section 9. Financial Provisions
A. Fiscal Year. For the purposes of this Agreement, Pioneer shall have such fiscal year from July 1 to and including the following June 30.
B. Depository. All funds of Pioneer shall be held in separate accounts in the name of Pioneer and not commingled with funds of any Member or any other person or entity. All funds of Pioneer shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of Pioneer shall be open to inspection by the Members at all reasonable times. The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of Pioneer, which shall be conducted in accordance with the requirements of Section 6505 of the Act.
C. Expenditures. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means 544
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for claims or disbursements not within an applicable budget only upon the prior approval of the Board.
D. Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Pioneer Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of Pioneer shall be approved by the Board in accordance with the Operating Rules and Regulations.
E. Funding of Initial Costs. The County of Placer funded certain activities necessary to implement the CCA Program. These costs have been repaid in full.
F. CCA Program Costs. The Members desire that all costs incurred by Pioneer that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.
Section 10. Implementation Action and Pioneer Documents A. Each Member shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Member intends to implement a CCA Program by and through its participation in Pioneer.
B. Each Member that wishes to participate in the CCA Program shall adopt a resolution expressing its desire to become a Member to this Agreement, and its intention to have the territory of the Member's jurisdiction included in the service territory of the CCA.
C. Each New Voting Member that wishes to participate in the PACE Program shall adopt a resolution authorizing it to become a Voting Member under this Agreement. Execution by such New Voting Member of this Agreement shall constitute consent to Pioneer undertaking contractual assessment proceedings under Chapter 29 for all of the properties in such New Voting Member’s incorporated area and to the contractual assessment financing of certain improvements (as enumerated from time to time in Chapter 29, “Improvements”) by Pioneer, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to Pioneer’s PACE Program, and to the assumption of jurisdiction thereover by Pioneer for the purposes thereof. Execution by such New Voting Member of this Agreement shall also serve to authorize Pioneer to take each step required for it to provide contractual assessment financing 545
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for the Improvements, including the levying, collecting and enforcement of contractual assessments to finance the Improvements and the issuance and enforcement of bonds and other financing instruments to represent and be secured by such contractual assessments. The New Voting Members shall not be required to adopt a PACE Agreement and shall not be subject to the rights and obligations set forth therein, but shall instead, upon becoming Voting Members hereunder, be subject to the rights and obligations expressly set forth herein.
Pioneer may additionally provide PACE Programs pursuant to Chapter 29 within the boundaries of non-voting Associate Members, as described further in Section 16 herein.
D. Implementation Plan and Statement of Intent. Pioneer shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicable California Public Utilities Commission regulations. The Implementation Plan and Statement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in A and B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided by Section 5.
If a City or County adopts an ordinance and resolution pursuant to A and B above, expressing its desire to become a Member to this Agreement subsequent to the filing of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amended Implementation Plan and Statement of Intent to include the territory of the County or City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement of Intent, the Board shall take action to approve membership of the County or City. The County or City shall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8.
E. Termination of CCA and PACE Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of Pioneer to terminate the implementation or operation of the CCA or the PACE Program at any time in accordance with any applicable requirements of state law.
F. Pioneer Documents. The Members acknowledge and agree that the affairs of Pioneer will be implemented through various documents duly adopted by the Board through Board resolution. The Members agree to abide by and comply with the terms and conditions of all such documents that may be adopted by 546
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the Board, subject to the Members’ right to withdraw from Pioneer as described in Section 14.
Section 11. Records and Reports
The Board shall establish reporting requirements and direct staff to maintain such reports, including, but not limited to, funds and accounts as may be required by good accounting practice or by law. All books and records of Pioneer shall be open to inspection at all reasonable times by any Member to this Agreement or its representatives. Annual audits of Pioneer’s accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.
Section 12. Debts, Liabilities and Obligations
Pioneer is a public agency separate from the Members. Pursuant to Sections 6508.1 of the Act, the debts, liabilities or obligations of Pioneer shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of Pioneer. A Member who has not agreed to assume a Pioneer debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of Pioneer. Should any debt, liability or obligation of Pioneer not be waived or allowed payable through assets of Pioneer, none of the County or City members shall be liable, except as provided by Government Code sections 895 through 895.8.
Section 13. Insurance and Indemnity
Pioneer shall acquire and maintain such insurance coverage as is necessary to protect the interests of Pioneer, the Members, and the public. The insurance shall also contain a written endorsement to such policy or policies, which names each of the Voting Members as additional insureds. Pioneer shall defend, indemnify, and hold harmless the Members, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of Pioneer under this Agreement.
Section 14. Withdrawal
A. Right to Withdraw by Voting Member. A Voting Member may withdraw its participation in the CCA Program, effective as of the beginning of Pioneer’s fiscal year, by giving no less than 12 months advance written notice of its election to do so, which notice shall be given to Pioneer and each Voting Member. Withdrawal of a Voting Member shall require an affirmative vote of its governing board.
B. Right to Withdraw By Voting Member After Amendment. Notwithstanding Section 14A, a Voting Member may withdraw its membership in Pioneer following an amendment to this Agreement adopted by the Board which the 547
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Board Member appointed as the representative of a Voting Member voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Member shall require an affirmative vote of its governing board and shall not be subject to the twelve month advance notice provided in Section 14A. In the event of such withdrawal, the Member shall be subject to the provisions of Section 15B.
C. Continuing Liability; Further Assurances. A Voting Member that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, as described in Section 15B. The withdrawing Voting Member and Pioneer shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Voting Member from participation in the CCA Program.
D. Withdrawal of Associate Member. The rights of an Associate Member to withdraw from Pioneer shall be governed by the applicable PACE Agreement or CCC Agreement.
Section 15. Termination
A. Involuntary Termination of a Member. Participation of a Member in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Member’s participation in the CCA Program upon a vote of Board Members as provided in Section 8A. Prior to any vote to terminate participation with respect to a Member, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Member whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Member has allegedly violated. The Member subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Member that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 15B.
B. Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Member, the Member shall remain responsible for any claims, demands, damages, or liabilities arising from the Member’s membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Member shall not be responsible for any liabilities arising after the date of the Member’s withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Member may remain liable include, but are not limited to, losses from the resale of power contracted for by Pioneer to serve the Member’s load. With respect to such liability, upon 548
Item 14.
383338.2 14
notice by an Member that it wishes to withdraw from the program, Pioneer shall notify the Member of the minimum waiting period under which the Member would have no costs for withdrawal if the Member agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Member elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Member also shall be responsible for any costs or obligations associated with the Member’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Member. Pioneer may withhold funds otherwise owing to the Member or may require the Member to deposit sufficient funds with Pioneer, as reasonably determined by Pioneer and approved by a vote of the Board, to cover the Member’s liability for the costs described above. Any amount of the Member’s funds held on deposit with Pioneer above amounts not required to pay any liabilities or obligations shall be returned to the Member. The liability of any Member under this section 15B is subject and subordinate to the provisions of Section 12, and nothing in this section 15B shall reduce, impair, or eliminate any immunity from liability provided by Section 12.
C. Mutual Termination. This Agreement may be terminated by mutual agreement of all the Voting Members; provided, however, the foregoing shall not be construed as limiting the rights of a Voting Member to withdraw its participation in the CCA Program, as described in Section 14A.
Disposition of Property upon Termination of Pioneer. Upon termination of this Agreement, any surplus money or assets in possession of Pioneer for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. “Annual Energy Use” means the annual electricity usage, expressed in kilowatt hours (“kWh”) within the Voting Member’s respective jurisdiction, and “Total Annual Energy” means the sum of all the Members Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.
D. Negotiations with Associate Members. If the Voting Members wish to terminate this Agreement, or if the Voting Members elect to withdraw from 549
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383338.2 15
the CCA Program following an amendment to this Agreement as provided in Section 14B, but two or more Associate Members wish to continue to participate in the CCA Program, the Voting Members will negotiate in good faith with such Associate Members to allow the Associate Members to become the Voting Members to this Agreement or to effect a transfer of CCA Program operations to another entity.
Section 16. Associate Members
A. With the approval of the Board, any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the CCA Program. A public agency requesting such membership may apply by presenting to Pioneer a resolution of the public agency approving of this form of participation.
B. Any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the PACE Program upon (i) such qualified public agency (a) adopting a resolution expressing its desire to become a non-voting Associate Member to this Agreement and authorizing the implementation of a PACE Program within the boundaries of its jurisdiction and (b) executing a PACE Agreement and (ii) the Board approving the qualified public agency as a non- voting Associate Member.
C. The date and terms upon which the applying public agency will become a non- voting Associate Member will be determined by the Board and set forth in a CCA Agreement or PACE Agreement, as applicable.
Section 17. Termination of Powers
Pioneer shall continue to exercise the powers herein conferred upon it until termination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute any property required as a result of the joint exercise of such powers.
Section 18. Disposition of Assets; Property and Money
Upon termination of this Agreement under Section 15, all costs, expenses, and charges legally incurred by Pioneer shall be paid and discharged; and Pioneer shall sell such property as may be necessary and shall distribute to the federal or State government such property and funds as are lawfully required; the balance of such property and any surplus money on hand shall be distributed or returned in proportion to contributions made by the affected Members except to the extent otherwise agreed upon by the affected Members. 550
Item 14.
383338.2 16
Section 19. Amendments
This Agreement may only be amended by a written amendment approved by a vote of Board Members as provided in Section 8. Pioneer shall provide written notice to all Members of amendments to this Agreement at least 30 days prior to the date upon which the proposed amendment is being considered by the Board. If the proposed amendment is adopted by the Board, Pioneer shall provide prompt written notice to all Members of the effective date of such amendment along with a copy of the amendment.
Section 20. Severability
Should any part, term or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions of provisions shall not be affected thereby.
Section 21. Entire Agreement
This Agreement contains the entire agreement between the Members and supersedes all prior understanding between them with respect to the subject matter of this Agreement.
There are no promises, terms, conditions or obligations, oral or written, between or among the Members relating to the subject matter of this Agreement that are not fully expressed in this Agreement. This Agreement may not be modified, changed, supplemented or terminated, nor may any obligation under this Agreement be waived, except as provided in Section 19.
Section 22. Counterparts and Effective Date
This Agreement may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed copy of the executed signature page shall be sufficient to cause the terms of this Agreement to become fully operative. The effective date of the Agreement shall be the date the second member has executed the Agreement.
WITNESS THE AGREEMENT HEREOF the date set opposite our respective entities:
[Signatures on following page]
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Item 14.
IN WITNESS WHEREOF, the Voting Members have executed this Amendment No. 5 to the Amended and Restated Joint Powers Agreement for Pioneer <:;ommunity Energy.
COUNTY OF EL DORADO, a political
EXECUTED ON subdivision
By~~
Chairman, Board of Supervisors
And approved as to form
SIGNATURES CONTINUED ON NEXT PAGE
552
Item 14.
EXECUTED ON
COUNTY OF PLACER. a political
subdivision
And approved as to fonn ______ _
SIGNATURES CONTINUED ON NEXT PAGE
553
Item 14.
EXECUTED ON
CITY OF AUBURN, a Municipal Corporation
And approved as to form ~ 8,.~
Gary B I, City >\ttomey
ATTEST:
yLlnd,iterk
SIGNATURES CONTINUED ON NEXT PAGE
554
Item 14.
EXECUTED ON
CITY OF COLFAX, a Municipal Corporation
And approved as to form ~
ATTEST:
By___________ !k--. - City Manager, Wes Heathcock 7J?a ~ ~JZ.- '-/3 ~ 0 ,
SIGNATURES CONTINUED ON NEXT PAGE
555
Item 14.
EXECUTED ON
CITY OF GRASS VALLEY, a Municipal
Corporation
And approved as to form _lY-;+-1..---CA,,, /2-i:-u>G"Yt.-------.
SIGNATURES CONTINUED ON NEXT PAGE
556
Item 14.
CITY OF LINCOLN, a Municipal Corporation
EXECUTED ON
And approved as to ~
By
SIGNATURES CONTINUED ON NEXT PAGE
557
Item 14.
TOWN OF LOOMIS, a Municipal Corporation And
EXECUTED ON:
October 11, 2022 ap7 ed as to form ;,:/ r, _
~CX
Town Manager
Deputy Town Clerk
558
Item 14.
EXECUTED ON
SIGNATURES CONTINUED ON NEXT PAGE
559
Item 14.
EXECUTED ON
CITY OF PLACERVILLE, a Municipal
Corporation
~ {\GM ~/L.:--.:.
And approved as to form ~ \ -------
SIGNATURES CONTINUED ON NEXT PAGE
560
Item 14.
EXECUTED ON
B;fjµ Mayor, City ~ Council
CITY OF ROCKLIN, a Municipal.Corporation
And approved as to fo
,Nn,l'"-1-t'!', urburn, City Clerk
ON NEXT PAGE
561
Item 14.
383338.2
Exhibit A
Voting Members and Associate Members
Section A.1 Voting Members
City of Auburn
City of Colfax
City of Grass Valley
City of Lincoln
City of Nevada City
City of Placerville
City of Rocklin
County of El Dorado
County of Placer
Town of Loomis
Section A.2 Associate Members
City of Folsom
County of Sacramento
Town of Truckee
562
Item 14.
A-3553
CITY OF OROVILLE, a Municipal Corporation
EXECUTED ON
Date:
By:
Title:
SIGNATURES CONTINUED ON NEXT PAGE
563
Item 14.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: EMPLOYMENT CONTRACT WITH JASON WINES FOR POSITION OF
POLICE CHIEF
DATE: JUNE 17, 2025
SUMMARY
The City Council shall consider entering into an employment contract with Jason Wines for the position of Police Chief with an annual compensation of $190,612.
DISCUSSION
Jason Wines was appointed as Interim Police Chief at the December 17, 2024 regular City Council Meeting. The City has been actively recruiting for a “permanent” Chief. Since service as Interim, Chief Wines has decided to come out of retirement to serve as Police Chief.
Staff have prepared an employment contract with Chief Wines with an annual salary of $190,612 (Step H of the Department Heads salary schedule), effective July 7, 2025 (or upon notification from CalPERS or reinstatement, whichever is later) through December 31, 2027.
FISCAL IMPACT
There are sufficient appropriations in the Fiscal Year 2024-25 and 2025-26 budgets.
RECOMMENDATION
ADOPT RESOLUTION NO. 9390 – A RESOLUTION OF THE OROVILLE CITY
COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND JASON WINES.
ATTACHMENTS:
1. Employment Contract No. 3554; and
2. Resolution No. 9390
564
Item 15.
OROVILLE CITY COUNCIL
Resolution No. 9390
A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF OROVILLE AND JASON WINES
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
1. The Mayor is hereby authorized and directed to execute an employment agreement, between the City of Oroville and Jason Wines. A copy is attached hereto as Exhibit “A”.
2. The City Administrator shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on June 17, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Dave Ritchie, Assistant City Attorney Brian Ring, City Clerk 565
Item 15.
A-3554
EMPLOYMENT AGREEMENT FOR CHIEF OF POLICE BETWEEN
THE CITY OF OROVILLE AND JASON WINES
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and Jason Wines ("Wines"), collectively, the “Parties”, effective July 7, 2025 (or upon notification from CalPERS of reinstatement, whichever is later). The Parties hereby agree as follows:
WHEREAS, City desires to employ the services of Wines as its Chief of Police; and WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for WINES; and WHEREAS, WINES desires to be employed as the CHIEF OF POLICE of the City.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:
Section 1. Duties:
City hereby agrees to employ WINES as the CHIEF OF POLICE of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign him.
Section 2. Term; Termination: Severance Compensation:
A. The term of this Agreement shall be effective July 7, 2025 (or upon notification from CalPERS of reinstatement, whichever is later) and shall continue until December 31, 2027. On or before July 1, 2027, WINES shall give written notice to City if he wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to WINES of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter WINES shall not be entitled to any compensation except for any accrued vested benefits as listed below.
B. If WINES resigns his position as CHIEF OF POLICE before the expiration date of the initial or any extended term of this Agreement, WINES shall give the City a sixty (60) day written notice in advance. In such event, WINES shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should WINES make such request.
C. City may terminate this Agreement at any time with or without cause. If the City discharges WINES from his position, without cause, as CHIEF OF POLICE, the City shall pay WINES a lump-sum cash payment equal to six (6) months’ salary. In addition, WINES shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event WINES is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses to terminate the agreement, WINES shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination.
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Item 15.
Section 3. Drug Testing Policy:
WINES agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.
Section 4. Non-Industrial Injury/ Illness:
If WINES becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond exhaustion of any accrued leave, City shall have the option to terminate the Agreement without any lump sum payment due as articulated in section 2. C., provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. WINES acknowledges and agrees that his job position meets the definition of a “Key employee” for purposes of these laws.
Section 5. Salary:
City agrees to appoint WINES at Step H on the salary schedule, an annual base salary of $190,612, and payable at the same time and manner as other Council Appointed Employees of the City are paid.
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 calendar year 2026 to be determined by the San Francisco-OaklandHayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year.
Section 6. Performance Evaluation:
The Council shall direct the City Administrator to complete a performance evaluation of WINES each year of the contract and during any extension period of the contract. Upon the Council's concurrence with a satisfactory review, WINES will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and WINES. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with WINES. The City Administrator's evaluation of WINES will be shared with the Mayor and Council. The Mayor and Council may add additional comments to WINES final evaluation.
Section 7. Hours of Work; Administrative Leave:
WINES shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that WINES shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year.
Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.
Section 8. Bereavement Leave:
When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Wines shall be entitled to receive up to forty (40) hours of Bereavement Leave, which shall not be charged against his sick leave. Before taking such leave, Wines shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-inlaw or father-in-law. 567
Item 15.
Section 9. Automobile Allowance:
City shall provide an automobile to WINES suitable for his use while performing his duties as the Chief of Police or compensate him, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).
Section 10. Vacation and Sick Leave:
Section 10.1 Sick Leave:
Upon hire, WINES shall be credited with a front-loaded amount of forty (40) hours of sick leave representing the first five months of sick leave accrual. The front-loaded sick leave shall be immediately available for use for any qualifying illness or injury. WINES shall thereafter continue to accumulate sick leave at the rate of eight hours for each month of employment. WINES shall be permitted to accumulate an unlimited amount of sick leave.
Section 10.2 Vacation Leave:
Upon hire, WINES shall be credited with a front-loaded amount of forty (40) hours of accrued vacation. The front-loaded vacation leave shall be immediately available for use in compliance with the City’s policies on vacation leave use. WINES shall begin to accumulate additional vacation leave at the rate of one hundred sixty (160) hours of vacation per year. Eight (8) additional hours per year shall be added to the accumulation rate, above, on the employee’s next anniversary date in his department head position until a maximum rate of two hundred (200) hours per year is reached.
Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate.
WINES may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.
Section 11. Medical, Vision, Life, Disability and Dental Insurance:
The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for WINES and his eligible dependents.
City Paid Medical Benefit After Retirement:
This section will terminate in five years on June 4, 2029, without reconsideration by the City Council. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.
1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 25 years of service or 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.
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Item 15.
2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.
3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.
Should WINES choose to voluntarily serve as the Chief of Police through December 2027, WINES will be eligible for continued medical coverage for him and his spouse at the lowest cost health plan offered at the City at the time, with the City paying the full premium for five (5) years after separating from employment.
Section 12. Holidays:
1. New Year's Day
2. Martin Luther King Day
3. Lincoln's Birthday
4. President's Day
5. Memorial Day
6. Juneteenth
7. Independence Day
8. Labor Day
9. Veteran's Day
10. Thanksgiving Day
11. The Day After Thanksgiving Day
12. Last Workday Before Christmas Day
13. Christmas Day
WINES shall be compensated for each holiday at the straight time compensation rate.
Section 13. Technology Fee:
City shall provide a technology allowance to WINES in the amount of $100/month to compensate his for the use of his private cell phone and laptop/tablet for City business.
Section 14. Retirement:
WINES will pay 9% of the employee share of his CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 9% during the term of this agreement or any extensions. WINES and City agree to negotiate terms for the implementation of any increase.
The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level. 569
Item 15.
Sick Leave Conversion at the Time of Retirement:
Upon regular retirement from the City of Oroville, WINES shall have the option to convert his unused sick leave balance to CalPERS service credit or he may convert it to a dollar value to pay premiums for medical, and dental. WINES may also elect to split his unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.
If WINES elects to convert his unused sick leave to a dollar value account to pay for medical, and dental and it becomes exhausted, WINES shall have the option of continuing medical, and dental at his own expense, consistent with current City policy and Federal law. If, after his retirement, WINES becomes deceased before his dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.
Section 15. CA POST Executive Certificate:
In lieu of the City contribution of 3% of base pay being deposited to a qualified deferred compensation plan, the City agrees to pay WINES a 2% increase to base salary for possession of a POST Executive Certificate.
Section 16. Outside Employment:
During the term of the Agreement, and any extensions thereof, WINES shall only accept outside employment that involves teaching or training related to his profession and any existing agreements. Any outside employment shall not interfere with WINES duties while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.
Section 17. Dues and Subscriptions:
City agrees to budget for and to pay for professional dues and subscriptions of WINES necessary for his continuation and full participation in national, regional, state, and local associations and organizations as are desirable for his continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget.
Section 18. Professional Development:
A. City agrees to budget for and to pay for travel and subsistence expenses of WINES for professional and official travel, meetings, and occasions to continue the professional development of WINES, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which WINES serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.
B. City also agrees to budget for and to pay for travel and subsistence expenses of WINES for short courses, institutes and seminars that are necessary for his professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.
Section 19. General Expenses:
City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by WINES and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of 570
Item 15.
the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.
Section 20. Civic Club Membership:
City recognizes the desirability of representation in and before local civic and other organizations, and WINES is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all WINES civic club membership expenses.
Section 21. Indemnification:
In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify WINES against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of WINES duties as CHIEF OF POLICE, except for any civil action or proceeding brought against WINES for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.
Section 22. Bonding:
City shall bear the full cost of any fidelity or other bonds required of WINES under any law or ordinance.
Section 23. Other Terms and Conditions of Employment:
It is understood and agreed by City and WINES that WINES is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, WINES serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. WINES acknowledges and agrees that he is otherwise subject to all other City Personnel Rules and Regulations.
Section 24. Notices:
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:
A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO WINES: WINES at his permanent residence address on record with the City of Oroville Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.
Section 25. General Provisions:
A. The text herein shall constitute the entire agreement between the parties.
B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of WINES.
C. This Agreement shall not be assigned by WINES or City.
D. This Agreement shall not be modified without the written consent of WINES and City.
E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
571
Item 15.
Approved by the City Council of the City of Oroville at a meeting held June 17, 2025.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF OROVILLE
David Pittman, Mayor JASON WINES, CHIEF OF POLICE
APPROVED AS TO FORM:
Scott E. Huber, City Attorney
572
Item 15.
CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: EMPLOYMENT CONTRACT AMENDMENT WITH ALYSSA STUTZ AS
PUBLIC WORKS DIRECTOR
DATE: JUNE 17, 2025
SUMMARY
The City Council shall consider entering into an employment contract with Alyssa Stutz for the position of Public Works Director with an annual compensation of $166,345.
DISCUSSION
Alyssa Stutz was appointed as Interim Public Works Director effective February 19, 2025. With the position of Public Works Director becoming vacant, staff were directed to bring back an employment agreement with Stutz removing the Interim component of the appointment and appointing Stutz as the “permanent” Public Works Director.
Staff prepared an employment contract with Stutz with an annual salary of $166,345 (Step G of the Department Head salary schedule), effective June 16, 2025 through June 15, 2028.
FISCAL IMPACT
There are sufficient appropriations in Fiscal Years 2024-25 and 2025-26 budgets.
RECOMMENDATION
ADOPT RESOLUTION NO. 9391 – A RESOLUTION OF THE OROVILLE CITY COUNCIL
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND ALYSSA STUTZ.
ATTACHMENTS:
1. Employment Contract No. 3555; and
2. Resolution No. 9391
573
Item 16.
OROVILLE CITY COUNCIL
RESOLUTION NO. 9391
A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND
DIRECTING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF OROVILLE AND ALYSSA STUTZ
BE IT HEREBY RESOLVED by the Oroville City Council as follows:
1. The Mayor is hereby authorized and directed to execute an employment agreement, between the City of Oroville and Alyssa Stutz. A copy is attached hereto as Exhibit “A”.
2. The City Administrator shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on June 17, 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
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Dave Ritchie, Assistant City Attorney Brian Ring, City Clerk 574
Item 16.
A-3555
EMPLOYMENT AGREEMENT FOR PUBLIC WORKS DIRECTOR
BETWEEN THE CITY OF OROVILLE AND ALYSSA STUTZ
The employment agreement (“Agreement”) is made by and between the City of Oroville ("City") and ALYSSA STUTZ ("STUTZ"), collectively, the “Parties”, effective June 16, 2025. The Parties hereby agree as follows:
WHEREAS, City desires to employ the services of Stutz as its PUBLIC WORKS DIRECTOR; and WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for STUTZ; and WHEREAS, STUTZ desires to be employed as the PUBLIC WORKS DIRECTOR of the City.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:
Section 1. Duties:
City hereby agrees to employ STUTZ as the PUBLIC WORKS DIRECTOR of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign her.
Section 2. Term; Termination: Severance Compensation:
A. The term of this Agreement shall be effective June 16, 2025 and shall continue until June 15, 2028. On or before December 15, 2027, STUTZ shall give written notice to City if she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether it wishes to continue and/or extend the agreement and shall give written notice to STUTZ of its decision. If the Council approves the continuation and/or extension, the parties shall meet to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter STUTZ shall not be entitled to any compensation except for any accrued vested benefits as listed below.
B. If STUTZ resigns her position as PUBLIC WORKS DIRECTOR before the expiration date of the initial or any extended term of this Agreement, STUTZ shall give the City a sixty (60) day written notice in advance. In such event, STUTZ shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should STUTZ make such request.
C. City may terminate this Agreement at any time with or without cause. If the City discharges STUTZ from her position, without cause, as PUBLIC WORKS DIRECTOR, the City shall pay STUTZ a lump-sum cash payment equal to six (6) months’ salary. In addition, STUTZ shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation. However, in the event STUTZ is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation and will only be obligated to pay out vested accrued vacation time. In any event, if the City chooses to terminate the agreement, STUTZ shall have the opportunity, if eligible, to retire from City employment through PERS, in lieu of termination. 575
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Section 3. Drug Testing Policy:
STUTZ agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.
Section 4. Non-Industrial Injury/ Illness:
If STUTZ becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond exhaustion of any accrued leave, City shall have the option to terminate the Agreement without any lump sum payment due as articulated in section 2. C., provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the California Fair Employment and Housing Act. STUTZ acknowledges and agrees that her job position meets the definition of a “Key employee” for purposes of these laws.
Section 5. Salary:
City agrees to appoint STUTZ at Step G on the salary schedule, an annual base salary of $166,345, and payable at the same time and manner as other Council Appointed Employees of the City are paid.
2026 Payment in Lieu of Cost-of-living increase: Effective January 1, 2026, the City shall issue a one-time payment in lieu of cost of living increase as a CPI based increase. This increase shall be no less than 3% and no greater than 5%. Cost-of-Living Adjustments (COLA) for calendar year 2026 to be determined by the San Francisco-Oakland-Hayward, CA, CPI-U 12-month percent change, all items, not seasonally adjusted for the month of October for the applicable year.
Section 6. Performance Evaluation:
The Council shall direct the City Administrator to complete a performance evaluation of STUTZ each year of the contract and during any extension period of the contract. The first evaluation for STUTZ shall be completed by February 19, 2026. Upon the Council's concurrence with a satisfactory review, STUTZ will be eligible for a step increase within the overall range for the position. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and STUTZ. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with STUTZ. The City Administrator's evaluation of STUTZ will be shared with the Mayor and Council. The Mayor and Council may add additional comments to STUTZ final evaluation.
Section 7. Hours of Work; Administrative Leave:
STUTZ shall be employed on a full-time basis, and for optimal customer service should perform such work during normal business hours. However, it is recognized that STUTZ shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per fiscal year of Administrative Leave. Such leave may be taken only upon approval of the City Administrator. Any remaining unused Administrative leave, up to a maximum of 40 hours shall be cashed out on the 2nd pay period in June of each year.
Administrative leave balances remaining after cash-out at the end of each fiscal year are lost.
Section 8. Bereavement Leave:
When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, STUTZ shall be entitled to receive up to forty (40) hours of Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, STUTZ shall notify the City Administrator in writing of the time of absence needed and the expected date of return to work. For purposes of this section, immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-inlaw or father-in-law. 576
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Section 9. Automobile Allowance:
City shall provide an automobile to STUTZ suitable for her use while performing her duties as the Public Works Director or compensate her, if no vehicle is available, at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).
Section 10. Vacation and Sick Leave:
Section 10.1 Sick Leave:
STUTZ shall accumulate sick leave at the rate of eight hours for each month of employment.
STUTZ shall be permitted to accumulate an unlimited amount of sick leave.
Section 10.2 Vacation Leave:
STUTZ shall accumulate vacation leave at the rate of one hundred twenty hours of vacation per year. After two years as Public Works Director, on the anniversary date, STUTZ’S accrual shall increase from one hundred twenty (120) hours per year to one hundred sixty (160) hours per year.
Thereafter, eight additional hours shall be added to the accumulation rate stated above, on the employee’s next anniversary date in her Department Heads position, until a maximum rate of two hundred (200) hours per year is reached.
Vacation accruals shall be limited to a maximum of three times (3x) the annual accrual rate.
STUTZ may request to cash out up to 120 hours of accrued, unused vacation time in each fiscal year. The City’s retains sole discretion to approve or disapprove any request, in whole or in part, dependent on budget conditions.
Section 11. Medical, Vision, Life, Disability and Dental Insurance:
The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for STUTZ and her eligible dependents.
City Paid Medical Benefit After Retirement:
This section will terminate in five years on June 4, 2029, without reconsideration by the City Council. The Oroville City Council, at its sole discretion, may reinstate and/or continue this program if it is economically sustainable.
1. The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 25 years of service or 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.
2. The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their 577
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CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.
3. The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.
Section 12. Holidays:
1. New Year's Day
2. Martin Luther King Day
3. Lincoln's Birthday
4. President's Day
5. Memorial Day
6. Juneteenth
7. Independence Day
8. Labor Day
9. Veteran's Day
10. Thanksgiving Day
11. The Day After Thanksgiving Day
12. Last Workday Before Christmas Day
13. Christmas Day
STUTZ shall be compensated for each holiday at the straight time compensation rate.
Section 13. Technology Fee:
City shall provide a technology allowance to STUTZ in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.
Section 14. Retirement:
STUTZ will pay 7% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. If any legislation mandates that the employee share increase above 7% during the term of this agreement or any extensions. STUTZ and City agree to negotiate terms for the implementation of any increase.
The City will continue to provide the single highest year benefit calculation for Classic CalPERS members and for PEPRA CalPERS members the highest annual average pensionable compensation earned during 36 consecutive months of service. Both Classic and PEPRA CalPERS members shall receive the 1959 Survivor Benefit at the 4th level.
Sick Leave Conversion at the Time of Retirement:
Upon regular retirement from the City of Oroville, STUTZ shall have the option to convert her unused sick leave balance to CalPERS service credit or she may convert it to a dollar value to pay premiums for medical, and dental. STUTZ may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.
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If STUTZ elects to convert her unused sick leave to a dollar value account to pay for medical, and dental and it becomes exhausted, STUTZ shall have the option of continuing medical, and dental at her own expense, consistent with current City policy and Federal law. If, after her retirement, STUTZ becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.
Section 15. Deferred Compensation Plan:
The City shall provide a Deferred Compensation Plan for STUTZ. The City shall contribute 3% of STUTZ base salary to STUTZ Deferred Compensation Plan. In addition, the City shall match the first 2% that STUTZ contributes to STUTZ Deferred Compensation Plan.
Section 16. Outside Employment:
During the term of the Agreement, and any extensions thereof, STUTZ shall only accept outside employment that involves teaching or training related to her profession and any existing agreements. Any outside employment shall not interfere with STUTZ duties while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.
Section 17. Dues and Subscriptions:
City agrees to budget for and to pay for professional dues and subscriptions of STUTZ necessary for her continuation and full participation in national, regional, state, and local associations and organizations as are desirable for her continued professional participation, growth, and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated in the annual budget.
Section 18. Professional Development:
A. City agrees to budget for and to pay for travel and subsistence expenses of STUTZ for professional and official travel, meetings, and occasions to continue the professional development of STUTZ, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which STUTZ serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.
B. City also agrees to budget for and to pay for travel and subsistence expenses of STUTZ for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated in the annual budget.
Section 19. General Expenses:
City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by STUTZ and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.
Section 20. Civic Club Membership:
City recognizes the desirability of representation in and before local civic and other organizations, and STUTZ is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all STUTZ civic club membership expenses.
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Section 21. Indemnification:
In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify STUTZ against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of STUTZ duties as PUBLIC WORKS DIRECTOR, except for any civil action or proceeding brought against STUTZ for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.
Section 22. Bonding:
City shall bear the full cost of any fidelity or other bonds required of STUTZ under any law or ordinance.
Section 23. Other Terms and Conditions of Employment:
It is understood and agreed by City and STUTZ that STUTZ is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, STUTZ serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations providing for progressive discipline or appeal rights for disciplinary actions. STUTZ acknowledges and agrees that she is otherwise subject to all other City Personnel Rules and Regulations.
Section 24. Notices:
Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:
A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO STUTZ: STUTZ at her permanent residence address on record with the City of Oroville Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service.
Section 25. General Provisions:
A. The text herein shall constitute the entire agreement between the parties.
B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of STUTZ.
C. This Agreement shall not be assigned by STUTZ or City.
D. This Agreement shall not be modified without the written consent of STUTZ and City.
E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
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Approved by the City Council of the City of Oroville at a meeting held June 17, 2025.
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, PUBLIC WORKS DIRECTOR APPROVED AS TO FORM:
Scott E. Huber, City Attorney
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, INTERIM DIRECTOR OF PUBLIC WORKS
RE: BOLT ANTIQUE MUSEUM RESOLUTION
DATE: MAY 19, 2025
SUMMARY
The City Council is requested to consider and approve a resolution regarding the continued operation and ownership of the Bolt Antique Tool Museum.
DISCUSSION
On July 5, 2005, the City of Oroville entered into an agreement (No. 1602) with Mr. Carl Bolt, founder and collector of Bolt’s Antique Tool Museum. The agreement outlined the terms of operation and the City’s role in supporting the museum’s ongoing activities.
Following the passing of Mr. Carl Bolt in 2024, the museum continued to operate under the informal oversight and involvement of his son, David Bolt. Recently, Mr. David Bolt contacted City officials to express his dissatisfaction with how the museum has been managed since his father’s death. He contends that the City is not fulfilling its obligations as defined in the original agreement.
Mr. David Bolt has expressed his desire to fully relinquish any association with the museum.
He has requested that the City assume complete control of operations moving forward and has also asked that all references to the Bolt name and family be removed from any future museum-related materials, branding, or public communications.
This staff report presents a revised operational agreement, developed to honor Mr. Bolt’s request and support a smooth transition to full City ownership and management of the museum.
FISCAL IMPACT
None
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ACTION REQUESTED -
APPROVE THE PROPOSED RESOLUTION REGARDING THE CONTINUED OPERATION OF THE BOLT ANTIQUE TOOL MUSEUM.
ATTACHMENTS
1. City of Oroville Resolution No. 6488 of Agreement No. 1602
2. David Bolt’s Letter to Mayor
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27 CITY OF OROVILLE
RESOLUTION NO. 9392
A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND DAVID BOLT
ACCEPTING FULL OWNERSHIP AND RESPONSIBILITY FOR CONTINUED OPERATION OF THE “BOLT ANTIQUE TOOL MUSEUM”
WHEREAS, on July 5, 2005, the City of Oroville (City) entered into Agreement No. 1602 with Mr. Carl “Bud” Bolt, founder and collector of Bolt’s Antique Tool Museum. The agreement outlined the terms of operation and the City’s role in supporting the museum’s ongoing activities.
WHEREAS, following the passing of Mr. Carl “Bud” Bolt in 2024, the museum continued to operate under the informal oversight and involvement of his son, Mr. David Bolt.
WHEREAS, Mr. David Bolt contends that the City is not fulfilling its obligations as defined in the original agreement and has expressed his desire to fully relinquish any association with the museum and requested that the City assume complete control of operations moving forward.
WHEREAS, all references to the Bolt name and family will be removed from any future museum-related materials, branding, or public communications.
WHEREAS, the City is willing to accept full ownership and responsibility for the museum.
NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:
1. The Mayor is hereby authorized and directed to execute an agreement with David Bolt accepting the City’s full operational ownership of the Bolt Antique Tool Museum.
2. The City Clerk shall attest to the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on June 17, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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RESOLUTION NO. 9392
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 585
Item 17.
AGREEMENT NO. 3556
THIS AGREEMENT is entered into on June 17, 2025, by and between the City of Oroville (“City”) and David Bolt (“Bolt”).
RECITALS
WHEREAS, Bolt has formally relinquished any further involvement or ownership in the operations of Bolt’s Antique Tool Museum; and
WHEREAS, the City is willing to assume full ownership and responsibility for the continued operation of the museum in accordance with the terms set forth herein; NOW, THEREFORE, the parties agree as follows:
1. Ownership and Maintenance of Collection
The City shall retain ownership of the wrenches, tools, related books, reference materials, computer database, and mailing list previously donated by Carl Bolt, and items acquired thereafter through museum process. The City further agrees to uphold all terms and provisions outlined in the original agreement between the City and Carl Bolt on July 5, 2005 (Agreement No. 1602) by way of best museum practices.
2. Removal of Personal and Family References
Bolt shall have the right to remove all photographs, images, and references to Carl Bolt and other members of the Bolt family from the museum’s dedication board.
3. Museum Branding
Moving forward, the museum shall no longer bear or reference the Bolt name in any form, including the museum’s name.
4. Retention of Select Items
Bolt shall remove and retain ownership of the following items from the museum’s collection:
o One (1) J.P. Manny wrench
o One (1) Barcalo wrench
o Two (2) socket sets belonging to Carl Bolt
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IN WITNESS OF THIS AGREEMENT, the parties have affixed their signatures below.
David Pittman, Mayor David Bolt
Approved as to Form: Attest:
Scott E. Huber, City Attorney Kayla Reaster, Assistant City Clerk 587
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: JOSH DODSON, ACCOUNTING MANAGER
RE: PLACEMENT OF SOLID WASTE LIENS ON THE 2025-26 PROPERTY
TAX ROLL
DATE: JUNE 17, 2025
SUMMARY
The City Council shall consider the placement of solid waste liens from Recology on the 2025- 26 property tax roll.
DISCUSSION
The City’s Franchise Agreement with Recology and City Ordinance No. 1562 provide that the City must place delinquent garbage bills on the tax roll of property owners.
Recology is required to send two notices prior to turning their delinquent garbage bills over to the City to be placed on the tax roll. The first notice is to the service recipient who may or may not be the property owner as well as the property owner of record. The second notice states that if the payment is not received in fifteen days, a delinquency fee will be added to the bill when the City places the lien on the property.
These procedures are all in accordance with Ordinance No. 1562 and Resolution No. 4486 and 4929. In turning these delinquent tax bills over to the City to be placed on the tax roll of the property owner, Recology has certified that it has complied with all required procedures.
To ensure the proper funding for the refuse removal and disposal service, the City, like many other cities, has a provision for delinquent bills to be placed on the owner’s property tax bill.
The City receives a small fee for each lien placed. $20.00 each to Recology and to the City for a total of $40.00 in fees for each parcel.
FISCAL IMPACT
The number of liens is unknown at this time. Prior year was 446 parcels for $8,920.00. $20 of revenue for each parcel placed on the tax roll.
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RECOMMENDATION
ADOPT RESOLUTION NO. 9385 – A RESOLUTION OF THE OROVILLE CITY COUNCIL
ADOPTING DIRECT ASSESSMENT FOR DELINQUENT SOLID WASTE LIENS ON THE 2025-2026 PROPERTY TAX ROLL AND AUTHORIZING THE FINANCE DEPARTMENT TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY.
ATTACHMENTS
Resolution No. 9385
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CITY OF OROVILLE
RESOLUTION NO. 9385
A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING DIRECT ASSESSMENT FOR DELINQUENT SOLID WASTE LIENS ON THE 2025-2026
PROPERTY TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY.
WHEREAS, the notices and election for special assessment fees for the purpose of the collection of delinquent garbage bills to Recology to be included on the regular County property tax bill for property owners of the City of Oroville was completed and WHEREAS, the City of Oroville (City) is placing the special assessments on the Butte County secured property tax roll for collection; and WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments, including Proposition 218, to be collected per Health and Safety Code section 5470, et seq; and
WHEREAS, the assessment is being levied without regard to property valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Butte harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and NOW THERFORE BE IT RESOLVED by the Oroville City Council that the list submitted with parcel numbers and amounts are certified as being correct, the Finance Department is hereby authorized to sign any documents required and directed to give the list to the Butte County Auditor on behalf of the City for placement on the secured tax roll for collection:
1. Prop 218 or Compliance Certification and Hold Harmless Statement
2. Property Tax Data Bill Form
3. Authority to Approve Direct Assessment Charges
4. Parcel Listing
PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on June 17, 2025, by the following vote:
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AYES:
NOES:
ABSTAIN:
ABSENT:
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
______________________
David Ritchie, City Attorney Brian Ring, City Clerk
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CITY OF OROVILLE
RESOLUTION NO. xxxx
A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING DIRECT ASSESSMENT FOR DELINQUENT SOLID WASTE LIENS ON THE 2025-2026
PROPERTY TAX ROLL AND AUTHORIZING THE MAYOR TO EXECUTE THE PROPOSITION 218 CERTIFICATION OF TAX BILL LEVY.
WHEREAS, the notices and election for special assessment fees for the purpose of the collection of delinquent garbage bills to Recology to be included on the regular County property tax bill for property owners of the City of Oroville was completed and WHEREAS, the City of Oroville (City) is placing the special assessments on the Butte County secured property tax roll for collection; and WHEREAS, the City has complied with all laws pertaining to the levy of the special assessments, including Proposition 218, to be collected per Health and Safety Code section 5470, et seq; and
WHEREAS, the assessment is being levied without regard to property valuation of the properties involved; and
WHEREAS, the City agrees that it shall be solely liable and responsible, and will defend and hold the County of Butte harmless from any liability as a result of claims or claims for refunds and related interest due filed by taxpayers against any assessments, fees, charges or taxes placed on the roll for the City by the County; and NOW THERFORE BE IT RESOLVED by the Oroville City Council that the list submitted with parcel numbers and amounts are certified as being correct, the Finance Department is hereby authorized to sign any documents required and directed to give the list to the Butte County Auditor on behalf of the City for placement on the secured tax roll for collection:
1. Prop 218 or Compliance Certification and Hold Harmless Statement
2. Property Tax Data Bill Form
3. Authority to Approve Direct Assessment Charges
4. Parcel Listing
PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on June 17, 2025, by the following vote:
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AYES:
NOES:
ABSTAIN:
ABSENT:
David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:
______________________
David Ritchie, City Attorney Kayla Reaster, Assistant City Clerk 596
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CITY OF OROVILLE
STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL
FROM: MEGAN WILLIAMS – HUMAN RESOURCE ANALYST & KELIECIA RILEY – PUBLIC INFORMATION OFFICER
RE: INFORMATIONAL PRESENTATION – ASSEMBLY BILL 2561 (AB 2561) DATE: JUNE 17, 2025
SUMMARY
Assembly Bill (AB) 2561, effective January 1, 2025, requires local agencies to present staffing data, such as vacancies, recruitment, and retention efforts, at least once per fiscal year and prior to budget adoption. The goal is to increase transparency and inform Council before budget adoption is accepted.
DISCUSSION
AB 2561 mandates that agencies present a summary of their staffing status, including vacancy rates and hiring efforts, in a public meeting annually. If a bargaining unit experiences a vacancy rate of 20% or more, additional reporting is required upon request, including metrics on time-to-hire, applicant volume, and potential strategies for improvement. Staff is currently reviewing City-wide vacancy data and will ensure compliance with the bill’s reporting requirements.
FISCAL IMPACT
There is no direct fiscal impact associated with this presentation.
RECOMMENDATION
ACCEPT FOR INFORMATION.
ATTACHMENTS
AB 2561 Overview Presentation
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RECRUITMENT
UPDATES
City of Oroville
AB 2561
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A
nnualPublicReporting
Everyfiscal year,publicagenciesmustpresentthefollowing
informationbeforethebudgetisadopted
VacancyStatus
Recruitmentandretentioneffortsandstrategies
Policyorprocessbarrierstohiring
HighVacancyThreshold If vacancies exceed
20%ofauthorizedfulltimepositions
withinabargainingunit,agenciesmustprovideadditional details upon request.
LegislativePurpose
Thisbill enhancesaccountabilitybybringingstaffing
challengesintopublicviewbeforebudgetdecisionsaremade.
Addressessystematicstaffingissuesbyseekingtoreduce
vacanciesandservicedisruptionsthroughafocuson
recruitmentbottlenecksandretention.
WHATISAB2561
599
Item 19.
OVERVIEW OF
POSTED POSITIONS
JUNE 1, 2024 - MAY 1, 2025
Number of Applicants
Accounting Manager
Accounting Technician I
Building Of icial
Col ection Systems Operator I
Community Navigator
Interim Chief/ Chief of Police
MLE
Museum Curator
Park Maintenance Technician I
Payrol Technician
Police Admin Assistant
Police Dispatcher
Police Lieutenant
Police Of icer
Police Recruit
Public Works Amin Assistant
Public Works Operator I
Recycling Coordinator
Staf Assistant
0 50
100
150
200
250
9 42
9 71
2 5
147
77 58
37 82
202
3 42
38 56
149
95 91
600
Item 19.
Summary By Department: Finance
Title # of Applicants
# of Candidates
Interviewed
# of
Candidates
Hired
# of employees
terminated/resigned
Status
Accounting Manager 9 2 1 0 Filled
Accounting Technician I 42 6 2 2 Filled
Payroll Technician 37 1 1 0 Filled
SUMMARY BY
DEPARTMENT
JUNE 1, 2024 - MAY 1, 2025
601
Item 19.
Summary By Department: Community Development
Title # of Applicants
# of Candidates
Interviewed
# of
Candidates
Hired
# of employees
terminated/resigned
Current Status
Building Offical 9 3 0 N/A Closed
Museum Curator 77 17 1 1 Filled
Staff Assistant 91 5 1 1 Filled
SUMMARY BY
DEPARTMENT
JUNE 1, 2024 - MAY 1, 2025
602
Item 19.
Summary By Department: Code Enforcement
Title # of Applicants
# of Candidates
Interviewed
# of
Candidates
Hired
# of employees
terminated/resigned
Current Status
Community Navigator 2 2 2 1 Filled
Recycling Coordinator 95 5 0 N/A Closed
SUMMARY BY
DEPARTMENT
JUNE 1, 2024 - MAY 1, 2025
603
Item 19.
Summary By Department: Public Works
Title # of Applicants
# of Candidates
Interviewed
# of
Candidates
Hired
# of employees
terminated/resigned
Current Status
Collection System
Operator I
71 17 5 2 Filled
Park Maintenance
Technician I
58 8 2 N/A Filled
Administrative Assistant -
Public Works
56 6 1 N/A Filled
Public Works Operator I 149 11 1 N/A Filled
SUMMARY BY
DEPARTMENT
JUNE 1, 2024 - MAY 1, 2025
604
Item 19.
Summary By Department: Police Department
Title # of Applicants
# of Candidates
Interviewed
# of
Candidates
Hired
# of employees
terminated/resigned
Promotions Current Status
Interim/Chief of Police 5 4 1 N/A N/A Filled
Municipal Law
Enforcement
147 50 0 N/A 2 Filled
Administrative Assistant -
Police
82 10 1 N/A N/A Filled
Dispatcher 202 15 0 2 N/A Open
Police Lieutenant 3 1 2 N/A N/A Open
Police Officer 42 7 4 1 2 Open
Police Recruit 38 7 2 N/A N/A Filled
SUMMARY BY
DEPARTMENT
JUNE 1, 2024 - MAY 1, 2025
605
Item 19.
RECRUITMENT
CHALLENGES
Limited and Competitive Candidate Pools
Specialized roles (e.g., Building Officials, Recycling Coordinator, Electricians) often require certifications and years of experience.
Qualified candidates are few, and often in high demand elsewhere.
Lengthy Hiring Processes
Background checks, panel interviews, and civil service steps slow the process.
Delays lead to candidate drop-off and missed opportunities.
Limited Marketing & Outreach
Smaller cities may lack recruitment staff, branding tools, and modern outreach methods.
Jobs often go unnoticed by qualified candidates.
Technology & Access Barriers
Outdated Application Interfaces: Confusing or frustrating portals deter applicants.
Non-User-Friendly Forms: Long, complex, or non-mobile-compatible forms reduce completion rates.
Poor Platform Integration: Job boards don’t connect smoothly to applications or HR systems, causing workflow breakdowns. 606
Item 19.
PD RECRUITMENT
CHALLENGES
Declining Applicant Interest
Fewer people are applying for police jobs nationwide due to stress, safety concerns, and shifting generational priorities.
Strict Entry Requirements
Background checks, psychological evaluations, fitness tests, and polygraphs eliminate large numbers of applicants.
Disqualifying factors & High Standards (e.g., past offenses or drug use) can be outdated or strict.
Long & Rigid Hiring Timelines
The process can take anywhere from 3- 9 months or longer, which leads to candidate drop-offs.
Competition from Other Agencies
Larger neighboring cities and sheriff departments may offer better pay, $ 20-80k signing bonuses, and specialized units that pull candidates away from smaller departments.
Public Perception & Trust
Increased National scrutiny
Local perceptions and reputation
607
Item 19.
Efforts:
Opened Police Recruit Position to the public
Hosted community events:
National Night Out, Coffee with a Cop & Chief, and Hiring Seminars.
Academy Class Presentations
Partnerships with Butte College to develop a talent pipeline, such as internships, to build internal candidates.
Promoting Professional Development & Career Paths
Internship > Municipal Law Enforcement > Cadet > Officer >
PD RECRUITMENT AND
RETENTION EFFORTS
Future Efforts:
Optimizing digital and traditional marketing
Targeted Ads, Expanded physical ads to other cities, & Social Media Building a Strong Onboarding Experience
Offering mentorships, orientations, and promoting early engagement with the workplace.
Promoting Employee Wellness
Highlighting existing mental health services, fitness incentives, and family support 608 Item 19.
R
ECRUITMENTAND
RETENTIONEFFORTS
Efforts:
Attendedsome local jobfairs
Leaned intousingLinkedIntopromoteopenpositions
PartneredwithAllianceWorkforceDevelopmenttoexpandour
audience
PartneredwithOrovilleConventionCentertoassistwith
advertisingopenpositions
Createdeligibility liststodrawfromforfutureneed
FutureEfforts:
Promotetrainingandcareerdevelopment
Talkmoreabouttheadvantagesofourmedical benefits, incentive pay, etc. Possibly implementing NeoGov Expands our candidate pool Makes the application process more efficient and user friendly Making the onboarding process more candidate friendly 609
Item 19.
-
610
Item 19.
Business Assistance and Housing Development
MAY 2025
Loan Portfolio Balance: $49,325,119.28
Number of Loans 335 Loans in Default 3
Late Payment
Notices
1 Late Insurance
Notices
0 Annual Inspections
Complete
290 Annual Certs
Received
267
Loans in Default-3
1. 785 Bird St. Notice of Default received and letter to homeowner mailed. The home was listed for sale but fell out of escrow. A Notice of Sale was recorded for 3/19/25. City approved not redeeming this foreclosure and letting it go to the primary lender. Sale was postponed to 7/23/2025.
2. 9 Midway. Notice of Default was recorded 12/30/2024. Letter sent to homeowner without response. Working on Staff Report for council Action. Payoff Sent to primary 5/1/25. Once a Recission has been recorded, City will start foreclosure process with Mid Valley Title. This process takes approximately 4 months to reach the sale date.
Deceased Borrower-1
3. 6 Golden Eagle Rd. Sent letter to the Estate 7/11/2024. Son is applying to assume the loan.
Borrower submitted application and is eligible to assume. Staff is preparing the Loan Assumption Agreement to executed.
Loan Portfolio Analysis
Rehab Loans: 30 ($1,051,359)
FTHB Loans: 272 ($18,749,096)
Economic Development Loans: 1($165,341)
Landscape Loans: 3 ($13,051)
Housing Development: 15 ($28,453,861)
City Employee Mortgage: 5 ($175,000)
Lease to Purchase: 4($365,151)
Payoff Requests Processed (2025): 11
Loans Repaid FY -24-25: 16 Payoff Received: $1,231,067
First Time Home Buyer Program-City Program
Applications Received: 22 Applications under Review: 13 Loans Approved: 2 Loans Closed FY 24-25: 9
611
Item i.
Page | 2
Applications Received: 22 Applications under Review: 13 First Time Home Buyer Program-County Program administered by City Applications Received: 0 Applications under Review: 0
Loans Approved: 0 Loans Closed FY 24-25: 2
Owner Occupied Rehabilitation
Applications Received: 2 Applications under Review: 4
Loans Approved: 0 Rehab in Process: 0
Loans Closed FY 24-25: 2
Grants Submitted FY23-24 and 24-25
1. Permanent Local Housing Allocation (PLHA)22-PLHACOM-17810: $2,500,000 for Lincoln Village Apartments-awarded. Loan was disbursed 01/7/25.
2. 23-ERF-3L-00009 Encampment Resolution Funds-Mission Esperanza: $1,730,450-Awarded.
3. Affordable Housing and Sustainable Communities (AHSC)- Nelson Point Apartments-Not awarded.
4. 2023 Community Development Block Grant Amend 1: Fire Truck Purchase-Not awarded.
5. 20-PLHA-15545 Grant Application for years 21-22 of 5-year allocation $336,105: Owneroccupied Rehabilitation-awarded. Awarded 10/29/24.
6. 2023 HOME Investment Partnership: $500,000 for FTHB program-Awarded.
7. 2024 CDBG Program Income Only: $1,500,000 for FTHB program-Awarded 10/29/24.
8. 2024 CDBG General Allocation: $3,100,000 for Fire Truck, Fire Engine and Fire Equipmentconditional award received.
9. 2024 CDBG General Allocation: $100,000 for Catalyst Domestic Violence-conditional award received.
10. 2024 CDBG General Allocation: $164,486 for South Oroville Drainage Feasibility StudyConditional award received.
11. 20-PLHA-15545 Grant Application for year 2023 of 5-year allocation $83,338: Owner-occupied Rehabilitation-awarded
12. Current Project Highlights
612
Item i.
Page | 3
1. Lincoln Village Apartments- Completed and currently 100% leased.
2. Lincoln Street Senior Apartments-Submitted Financing package to the State with request for an extension. Submitted application for 20DRMHP Funds. These funds were awarded, as well as Tax credits. Currently working on obtaining Notice to Proceed from the State and working on obtaining a Will-Serve letter from SCOR and LOAUPUD. The project was awarded an additional $4,325,000 from CDBG-DR to be administered by the State. Loan documents are being reviewed and approved and project should fund and received NTP by May 21st.
3. Mission Esperanza-Under construction, pallet shelters are being installed, staffing on-boarding and training is underway. Project will be complete by the end of April without power. Projection to open in June 2025 due to not receiving the PGE gear switch for power until June. Awarded and disbursed Housing Program Fund grant of $100,000 for operations. Should be complete by end of May, excluding the power.
4. Neighborhood Cleanup Program- grant is 70% expended.
5. Improvements to Oroville Convention Center-Project complete. Grant is 100% expended, but still expending general administration.
6. Veteran’s Village-City released Tranche 1 on 09/25/2024 to VHDC. Plans and Specs, environmental review underway. The City solar array was built in the City easement to access the project, working with VHDC and City engineering to determine remedy.
7. Prepared the required updates to HOME Program Guidelines and security documents. These were submitted to the State for approval. Pending.
8. 3235 Burlington Ave.-Foreclosure complete, Exempt Surplus Property submitted and approve by State. The City will list it in February 2025 due to repairs suggested by City’s realtor. City received a full price offer and will be requesting City approval at the May 6, 2025 Council Meeting.
9. Will begin a marketing campaign in February 2025 for both the FTHB and OOR Program applicants
10. Annual Portfolio Certification and Drive-by Inspections are underway for 2025, will be ongoing until complete.
11. Housing Element Annual Report and SB341 Annual Report but submitted prior to April 1 deadline. 613
Item i.