Oroville City Council
September 16, 2025

September 16, 2025~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
September 16, 2025

REGULAR MEETING
CLOSED SESSION 3:30 PM
OPEN SESSION 4:30 PM
AGENDA

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

To Observe the Meeting:

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

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

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

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

1. Attend the meeting in person

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

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

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

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

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

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

1. Pursuant to Government Code section 54956.9(d)(2), the Council will meet with the City Administrator and City Attorney regarding potential exposure to litigation – Three Cases. 1 September 16, 2025~4:00 PM Oroville City Council Meeting Agenda Page 2 of 7

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. PRESENTATION FROM HOMESERVE USA FOR UTILITY SERVICE LINE PROTECTION

PROGRAM
The City Council shall receive a presentation from HomeServe USA for a voluntary Service Line Protection Program. The program educates property owners on their responsibility for private water, sewer, and plumbing service lines and provides affordable options to cover unexpected repair costs.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

2. SWEARING IN OF NEW OFFICERS WITHIN THE OROVILLE POLICE DEPARTMENT The City Council shall receive a presentation from Chief of Police, Jason Wines, regarding new officers and recently promoted personnel within the Oroville Police Department.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

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

REPORTS / DISCUSSIONS

1. Council Announcements and Reports

2. Administration Reports
2 September 16, 2025~4:00 PM Oroville City Council Meeting Agenda Page 3 of 7

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

1. REQUEST TO OPERATE BUSINESS OUT OF RESIDENCE
The City Council shall consider allowing Henry Carlson, who resides at 205 Windward Way, to operate a business out of his residence.

ACTION REQUESTED -
APPROVE MR. CARLSON’S REQUEST TO OPERATE A HANDYMAN BUSINESS FROM HIS HOME.

2. REQUEST TO WAIVE SPECIAL EVENT FEES FOR DWR FLOATING CLASSROOMS The Department of Water Resources (DWR) is requesting use of Bedrock Park as a raft take-out location during their 2025 program season. The request includes placement of temporary A-frame No Parking signs on designated dates to ensure safe access to the Feather River for students and participants. In recognition of the program’s educational value and community benefit, staff recommends that the City Council approve a waiver of special event fees associated with this temporary park use.

ACTION REQUESTED -

APPROVE THE WAIVER OF SPECIAL EVENT FEES FOR THE FEATHER RIVER FLOATING

CLASSROOM PROGRAM AND AUTHORIZING USE OF BEDROCK PARK AS THE PROGRAM’S TAKE-OUT LOCATION, WITH TEMPORARY PLACEMENT OF NO PARKING SIGNS COORDINATED TO MAINTAIN ADA ACCESS.

3. FEE WAIVER FOR MUSEUMS DURING SALMON FESTIVAL 2025
The City Council shall consider approving free admission to City Museums during the Salmon Festival on Saturday, September 27, 2025.

ACTION REQUESTED -

WAIVE MUSEUM ADMISSION FEES FOR ALL PARTICIPATING CITY MUSEUMS ON SEPTEMBER 27, 2025, IN SUPPORT OF THE SALMON FESTIVAL.

4. FEE WAIVER REQUEST BY THE OROVILLE HMONG NEW YEAR FESTIVAL COMMITTEE The City Council shall consider a fee waiver request from the Oroville Hmong New Year Festival Committee, in the amount of $6,084, for Police Services relating to the 2025 Oroville Hmong New Year Festival, to be held October 11th and 12th at the Nelson Avenue Sports Complex.

ACTION REQUESTED -
WAIVE 65% OF THE FEES, IN THE AMOUNT OF $6,084, AND HAVE THE APPLICANT PAY THE REMAINDER OF THE FEES, IN THE AMOUNT OF $3,276.00, FOR THE 2025 OROVILLE HMONG NEW YEAR FESTIVAL.
3 September 16, 2025~4:00 PM Oroville City Council Meeting Agenda Page 4 of 7

5. AGREEMENT FOR PROFESSIONAL SERVICES WITH LAGOM TEA INFUSIONS FOR FIVE

SEASONAL TEA EVENTS TO BE HELD AT THE LOTT HOME AND CHINESE TEMPLE The City Council shall consider approving an Agreement for Professional Services between the City of Oroville and Lagom Tea Infusions to provide five seasonal tea education programs in collaboration with the City’s museums at the Lott House and Chinese Temple.

ACTION REQUESTED -
APPROVE AGREEMENT NO. 3565 FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF OROVILLE AND LAGOM TEA INFUSIONS; AND AUTHORIZE THE MAYOR TO SIGN.

6. ADOPTION OF ADA COMPLAINT PROCEDURE
The City is required under the Americans with Disabilities Act (ADA) Title II and Section 504 of the Rehabilitation Act to adopt a grievance procedure. Adoption demonstrates the City’s commitment to accessibility, ensures compliance with federal and state requirements, and preserves eligibility for transportation funding administered by Caltrans and the Federal Highway Administration.

ACTION REQUESTED -
ADOPT THE CITY OF OROVILLE ADA COMPLAINT PROCEDURE.

7. CITY HALL CAMERA SYSTEM
The City Council shall consider approving a contract with Tec-Com Low Voltage Solutions, Inc. for a camera surveillance system for City Hall in the amount of $45,135.00.

ACTION(S) REQUESTED -

1. APPROVE ENTERING INTO A SERVICE CONTRACT (AGREEMENT NO. 3566) WITH TEC-COM LOW VOLTAGE SOLUTIONS INC.; AND

2. AUTHORIZE THE MAYOR TO SIGN.

8. AUTHORIZATION TO PAY GOLDEN STATE FIRE FOR THE PURCHASE OF ONE PIERCE TYPE 1 FIRE ENGINE AND ONE PIERCE AERIAL LADDER TRUCK
The City Council shall consider authorizing the payment of $2,904,367.12 to Golden State Fire for the purchase of one Pierce Type 1 Fire Engine and one Pierce Aerial ladder truck.

ACTION REQUESTED -
AUTHORIZE STAFF TO PAY $2,904,367.12 TO GOLDEN STATE FIRE APPARATUS FOR THE PURCHASE OF ONE PIERCE TYPE 1 FIRE ENGINE AND ONE PIERCE AERIAL LADDER TRUCK.

9. APPROVAL OF 09.02.2025 CITY COUNCIL REGULAR MEETING MINUTES The City Council shall consider approving the regular meeting minutes from the 09.02.2025 City Council meeting.

ACTION REQUESTED -
APPROVE MINUTES AND AUTHORIZE THE MAYOR TO SIGN.
4 September 16, 2025~4:00 PM Oroville City Council Meeting Agenda Page 5 of 7

REGULAR BUSINESS

10. RECOMMENDATION FOR APPOINTMENT OF DACOTA QUINN TO

THE OROVILLE PARK COMMISSION
The City Council shall consider appointing Dacota Quinn to serve on the Oroville Park Commission with a term of September 16, 2025 – September 16, 2030.

ACTION REQUESTED -

APPOINT DACOTA QUINN TO SERVE ON THE OROVILLE PARK COMMISSION WITH A TERM OF SEPTEMBER 16, 2025 – SEPTEMBER 16, 2030.

11. AGREEMENT WITH COMCATE FOR CODE ENFORCEMENT SOFTWARE The City Council shall consider approving an agreement with Comcate to provide Code Enforcement Software.

ACTION(S) REQUESTED -

1. APPROVE RESOLUTION NO. 9406 AUTHORIZING AGREEMENT NO. 3567 WITH COMCATE AND CITY OF OROVILLE FOR CODE ENFORCEMENT SOFTWARE; AND

2. AUTHORIZE THE MAYOR TO SIGN AGREEMENT.

12. UPDATE ON DESIGN PROCESS AT 655 CAL OAK, NEW CORP YARD The City Council shall receive a presentation on design progress for the new City of Oroville Corporation Yard.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

13. NAACP BUTTE COUNTY 5TH ANNUAL INVITATION AND REQUEST TO PURCHASE TABLE The City Council shall consider purchasing a table to attend the 4th Annual NAACP Dinner for $750.00.

ACTION REQUESTED -
ACTION REQUESTED - APPROVE PURCHASE OF TABLE FOR $750.00. 5 September 16, 2025~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

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

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit request 24 hours before the meeting.
- Individuals may email comments for council consideration to [email protected]

14. 5:00PM - APPEAL OF THE JULY 24, 2025, DECISION OF THE OROVILLE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT UP25-11 FOR AN AEGIS TREATMENT CENTER OUTPATIENT MEDICAL SERVICES FACILITY AT 1121 ORO DAM BOULEVARD EAST (APN 035-260-011)
The City Council shall conduct a public hearing and consider an appeal of the Oroville Planning Commission’s July 24, 2025, decision to deny Use Permit UP25-11 for an outpatient treatment center at 1121 Oro Dam Blvd East. The proposed facility will operate as a medication unit affiliated with a licensed narcotics treatment program, offering medically supervised services.

ACTION REQUESTED -

1. ADOPT RESOLUTION NO. 9408 - APPROVING THE APPEAL AND UP25-11,

INCLUDING THE NOTICE OF EXEMPTION, THE FINDINGS, THE PROPOSED PROJECT CONDITIONS, AND AUTHORIZE THE MAYOR TO SIGN; OR

2. ADOPT RESOLUTION NO. 9407 - DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DENIAL OF USE PERMIT UP25-11, AND AUTHORIZE THE MAYOR TO SIGN. DIRECT STAFF TO WORK WITH THE APPLICANT TO FIND A NEW LOCATION AND RE-APPLY WITHOUT PREJUDICE.
6 September 16, 2025~4:00 PM Oroville City Council Meeting Agenda Page 7 of 7

15. 5:15PM - PUBLIC HEARING REGARDING VOTER APPROVED CHANGES TO CITY

CHARTER
On April 16, 2024 the Council directed staff to put proposed changes to the City Charter, on the November 5, 2024 ballot. The changes were divided up into 4 categories, made publicly available and placed on the ballot in four measures: Measure J – Changing City Treasurer from Elected to Appointed, Measure K – Changing Compensation for Council Members to be Set by Ordinance, Measure L – Repeal of Articles XXVII and XXVIII and Establishing the Park Commission as Advisory, and Measure M – Streamlining Provisions and Making Corrections, Including Merging Required Departments Into a Single Article and Making Clerical Changes. Measures J, K and L were voted down by the voters, while Measure M was approved. Council will hold a public hearing to review the proposed changes to be incorporated into the Charter pursuant to the passing of Measure M.

ACTION(S) REQUESTED -

1. PROVIDE STAFF INPUT ON VOTER APPROVED CITY CHARTER CHANGES; AND

2. DIRECT TO STAFF TO RETURN THE CHARTER AT THE OCTOBER 7, 2025 REGULARLY SCHEDULED MEETING FOR ADOPTION.

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

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items

2. Correspondence
i. Business Assistance and Housing Development Monthly Report – August 2025 ii. City of Oroville Fire Department Report - August 2025

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on October 7, 2025 at 4:00 p.m.

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

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

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, DIRECTOR OF PUBLIC WORKS
RE: PRESENTATION FROM HOMESERVE USA FOR UTILITY SERVICE

LINE PROTECTION PROGRAM
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall receive a presentation from HomeServe USA for a voluntary Service Line Protection Program. The program educates property owners on their responsibility for private water, sewer, and plumbing service lines and provides affordable options to cover unexpected repair costs.

DISCUSSION
HomeServe USA, formerly Utility Service Partners (a National League of Cities partner), offers a Service Line Warranty Program endorsed by the NLC. The program is voluntary and provides coverage for water service lines, sewer service lines, and in-home plumbing and drainage.

Key program elements include:
 Resident Benefits: Affordable protection for significant repair costs, with no service fees, deductibles, or lifetime limits.
 Local Economy: Use of fully vetted local contractors for repairs, providing economic benefit to the community.
 City Oversight: All marketing materials are reviewed and approved by the City to ensure transparency. Program participation is clearly disclosed as voluntary.  Coverage Options:
o Exterior Water Line: Approx. $6.49/month, unlimited calls, $8,500 per call coverage.
o Exterior Sewer Line: Approx. $11.49/month, unlimited calls, $8,500 per call coverage.
o In-Home Plumbing: Approx. $16.49/month, unlimited calls, $3,000 per call coverage.
 Implementation: HomeServe will brand educational materials with the City’s logo 8 Item 1.

(subject to approval), handle enrollment and billing, and provide customer service support. Residents may enroll or cancel at any time.

FISCAL IMPACT
None

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

ATTACHMENTS
Presentation
9 Item 1.

Bill Coffey
Regional Director, Business Development
[email protected]
503-597-9171 (cell)
10 Item 1.
©2023 HomeServe USA Corp. PROPRIETARY AND CONFIDENTIAL
NLC Service Line Warranty Program by HomeServe
2 Offering
services for
over 20 years

4.8 out of 5 stars
customer
satisfaction
Program endorsed
since 2010
“The National League of Cities is proud to partner with this highly reputable and reliable program. Their exemplary record of customer service and transparency is what has driven the success of this partnership over the years.”
Clarence Anthony, Executive Director
National League of Cities
HomeServe Key Statistics*
• Over 5 million customers
• Over 9 million plans
• Over 1,300 municipal and utility
partnerships
• Job serviced every 43 seconds
• Customer savings to date: over
$2 Billion
* As of January 2023
11 Item 1.
©2023 HomeServe USA Corp. PROPRIETARY AND CONFIDENTIAL
Aging Infrastructure
Challenging for cities and homeowners
3 Lateral lines are subjected to the same elements as public lines • Ground shifting, fluctuating temperatures, tree root penetration, corrosion, and more
Out of sight, out of mind
• Water lines located outside, usually underground
Failed lines waste thousands of gallons of water
• Presents a potential environmental hazard
Common homeowner misconceptions
• City is responsible for maintenance of water and sewer lines on their property
• Repairs are covered by their homeowner’s policy
12 Item 1.
©2023 HomeServe USA Corp. PROPRIETARY AND CONFIDENTIAL
4 Homeowners are unprepared for
emergencies and expect
solutions from the City
78% of homeowners believe the
utility provider should educate them
about repairs and preventative
measures. (Ipsos Public Affairs/HomeServe 2019)
56% of Americans can’t cover a
$1,000 emergency expense with
savings. (Bankrate 2022)
60% of homeowners with annual
household incomes under $50,000 a
year reported having $500 or less or
no money set aside for a home repair
emergency. (Harris Poll/HomeServe 2021)
13 Item 1.

Solution for Municipalities and their Residents
Optional low-cost protection
against potentially expensive
water, sewer, plumbing repairs
Educates residents about their
responsibility for exterior lines
Residents Municipality
Reduces calls to the City
Timely repairs reduce water loss from line
breaks and use of local contractors infuses
money into the local economy
Turnkey program – provides all marketing,
billing, claims and customer service
No cost to the City to participate
14 Item 1.
©2023 HomeServe USA Corp. PROPRIETARY AND CONFIDENTIAL
6 Endorsed by
15 Item 1.
©2023 HomeServe USA Corp. PROPRIETARY AND CONFIDENTIAL
We Deliver Peace of Mind
7 WATER LINE

COVERAGE

SEWER LATERAL

COVERAGE
Up to $8,500 coverage
per incident to
repair/replace broken,
cracked, or clogged
exterior lines
$11.49/mo

IN-HOME PLUMBING

COVERAGE
Up to $3,000 coverage
per incident on all
interior water, sewer, and
drain lines inside the
home after point of entry
$16.49/mo
Up to $8,500 coverage
per incident to
repair/replace broken,
cracked, or clogged
exterior lines
$6.49/mo
Toll-free emergency
number available
24 hours a day, 365
days a year to
schedule a repair
Locally based, fully
licensed and vetted
contractors
Guaranteed repairs
No pre-inspection
required
Quality control to ensure
exceptional customer
experience
No annual or lifetime
limits, deductibles,
service fees, forms, or
paperwork
16 Item 1.
©2023 HomeServe USA Corp. PROPRIETARY AND CONFIDENTIAL
• No public funds used in marketing, distribution, or
administration of the program
• Direct mail only – limited to 3 mailing campaigns
per year
• Partner must review and approve marketing
material before each and every campaign
• Marketing clearly states City does not provide
program and is voluntary for homeowner
• Easy enrollment options – consumer choice of mail,
phone or web
8 Homeowner Education
17 Item 1.
©2023 HomeServe USA Corp. PROPRIETARY AND CONFIDENTIAL
Current California Participants (34)
9 City of Antioch
City of Chula Vista
City of Claremont
City of Culver City
City of Daly City
City of Duarte
City of Fillmore
City of Fresno
City of Gustine
City of Imperial Beach
City of Laguna Beach
City of La Habra
City of La Puente
City of Rialto
City of San Diego
City of Santa Paula
City of Stockton
City of Vallejo
City of West Covina
City of Yuba City
Town of Yountville
Alameda County Water District
California Water Service Company
Contra Costa Water District
Crestline Village Water District
Diablo Water District
East Valley Water District
Golden State Water Company
Great Oaks Water Company
Liberty Utilities Park Water & Apple Valley
Rincon del Diablo Water District
San Bernardino Municipal Water District
San Jose Water Company
Woodlands Municipal Water District
18 Item 1.
©2023 HomeServe USA Corp. PROPRIETARY AND CONFIDENTIAL
NLC Service Line Warranty Program Summary
10 The NLC Service Line Program helps residents understand their lateral line responsibilities before they have an unexpected issue and allows them to choose how they wish to prepare for these potentially expensive incidents. Our program increases the quality of life within your community by helping residents when they need it the most, while also reducing the number of distress calls made to the City.
19 Item 1.
11 Our Promise:

We will be a trusted steward
of your brand and reputation.

For more information contact:

Bill Coffey
Regional Director
[email protected]
Cell: (503) 597-9171
Questions?
20 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMEBERS
FROM: AMY BERGSTRAND, DIRECTOR OF BUSINESS

ASSISTANCE/HOUSING DEVELOPMENT
RE: REQUEST TO OPERATE BUSINESS OUT OF RESIDENCE
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider allowing Henry Carlson, who resides at 205 Windward Way, to operate a business out of his residence.

DISCUSSION
Mr. Carlson obtained a City of Oroville First Time Home Buyer Loan in 2009. The loan agreement includes provisions that City Council approval is required if the borrower would like to conduct business from the residence. Mr. Carlson would like to start a Handyman business servicing the City and surrounding area. Mr. Carlson states in his request that the business should not have an impact on local traffic. Mr. Carlson has already begun the process of applying for a business license but had to put the process on hold pending Council approval of his request.

FISCAL IMPACT
There is no general fund impact.

ACTION REQUESTED -
APPROVE MR. CARLSON’S REQUEST TO OPERATE A HANDYMAN BUSINESS FROM HIS HOME.

ATTACHMENTS
Letter of Request
21 Item 1.
22 Item 1.
23 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, DIRECTOR OF PUBLIC WORKS
RE: REQUEST TO WAIVE SPECIAL EVENT FEES FOR DWR FLOATING

CLASSROOMS
DATE: SEPTEMBER 16, 2025

SUMMARY
The Department of Water Resources (DWR) is requesting use of Bedrock Park as a raft take-out location during their 2025 program season. The request includes placement of temporary A-frame No Parking signs on designated dates to ensure safe access to the Feather River for students and participants. In recognition of the program’s educational value and community benefit, staff recommends that the City Council approve a waiver of special event fees associated with this temporary park use.

DISCUSSION
The Feather River Floating Classroom is an annual program offering environmental education experiences for local schools and the public. Participants raft a section of the Feather River, learning about salmon migration, watershed health, and water resources.

For the 2025 season, program organizers plan to use Bedrock Park as the primary takeout location for rafts. To ensure safe river access, staff will coordinate the temporary placement of two A-frame No Parking signs near the bike trail entrance, while maintaining ADA access.
24 Item 2.

Program Schedule:
 Dates: October 1 – November 8, 2025
 Days: Wednesdays, Thursdays, and Saturdays, plus one Friday (October 24)  Times:
o Weekdays: 8:00 AM – 12:00 PM (with occasional trips extending until 3:30 PM)
o Saturdays: 8:00 AM – 2:00 PM
 Additional Date: September 9, 2025 – internal DWR/staff orientation trip The program is staffed and managed by DWR, with all setup, takedown, and sign management handled by program personnel.

Community and Educational Benefits:
 Provides hands-on science education for hundreds of students.  Enhances community awareness of the Feather River’s ecological and cultural importance.
 Demonstrates the City’s support for public education and regional partnerships.

By waiving special event fees, the City will reaffirm its commitment to supporting community enrichment programs without incurring additional direct costs.

FISCAL IMPACT
Waiver of special event fees will result in a nominal loss of revenue (Approx. $113.42). No City staffing or overtime costs are anticipated, as program personnel will manage logistics.

ACTION REQUESTED -

APPROVE THE WAIVER OF SPECIAL EVENT FEES FOR THE FEATHER RIVER

FLOATING CLASSROOM PROGRAM AND AUTHORIZING USE OF BEDROCK PARK AS THE PROGRAM’S TAKE-OUT LOCATION, WITH TEMPORARY PLACEMENT OF NO PARKING SIGNS COORDINATED TO MAINTAIN ADA ACCESS.

ATTACHMENTS
Special Event Application
25 Item 2.
26 Item 2.
27 Item 2.
28 Item 2.
29 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: ALYSSA STUTZ, PUBLIC WORKS DIRECTOR
RE: FEE WAIVER FOR MUSEUMS DURING SALMON FESTIVAL 2025
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider approving free admission to City Museums during the Salmon Festival on Saturday, September 27, 2025.

DISCUSSION
The City of Oroville Museums play a central role in celebrating our community’s history and culture. Each year, the Salmon Festival brings thousands of visitors downtown, creating a unique opportunity to showcase our museums to both residents and tourists.

In support of this event, staff are requesting a one-day admission waiver for the following City Museums: the C.F. Lott Home, Pioneer Museum, Feather River Nature Center, and the Chinese Temple on September 27, 2025, allowing the public to enjoy free access and activities during the Salmon Festival.

The City has a history of participating in this tradition. In previous years, City Museums have also waived admission fees during the Salmon Festival. This practice has proven successful in encouraging visitation, engaging new audiences, and fostering continued interest in Oroville’s cultural and historical resources.

FISCAL IMPACT
Estimated loss of total admission fees between $60 and $100 based on a typical Saturday attendance. The modest fiscal impact is offset by the significant exposure, increased attendance, and long-term community and tourism benefits.

ACTION REQUESTED -

WAIVE MUSEUM ADMISSION FEES FOR ALL PARTICIPATING CITY MUSEUMS ON SEPTEMBER 27, 2025, IN SUPPORT OF THE SALMON FESTIVAL.

ATTACHMENTS
None
30 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: JASON WINES, CHIEF OF POLICE
RE: FEE WAIVER REQUEST BY THE OROVILLE HMONG NEW YEAR

FESTIVAL COMMITTEE
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider a fee waiver request from the Oroville Hmong New Year Festival Committee, in the amount of $6,084, for Police Services relating to the 2025 Oroville Hmong New Year Festival, to be held October 11 th and 12th at the Nelson
Avenue Sports Complex.

DISCUSSION
On October 11
th and 12th of this year, the Oroville Hmong New Year Festival will be held at the Nelson Avenue Sports Complex. This event will run from 8:00 AM to 5:00 PM each day. An average daily attendance of 5,000 people is expected. This event has occurred for the past twenty-four years with few major incidents that required Law Enforcement intervention. The Hmong community has always been supportive and responsive to the needs of Law Enforcement to make this event safe and successful.

In 2024, the Hmong community paid $3,276.00 for Police Services for the New Year celebration. This fee was based upon the Police Department supplying Officers over the two-day celebration for a total of 80 hours. The hourly rate was $117.00 per hour.

The Police Department cost for providing this service in 2024 was $9,360.00. The Council authorized a discount of 65%, which resulted in the lower rate being collected.

Staff recommend using these same figures for 2025.

The reason for the waiver is that this event is organized by non-profit organizations that depend upon the proceeds from this event to fund their organizations over the course of the year.

This is a worthy event that is well attended by both local community members and out of town visitors. It is the recommendation of the Police Department that the fees for this event be reduced to help support the Hmong Community and to show our support of this event. (See Chart below for details of fees.)
31 Item 4.

PROPOSED FEE FOR 2025
Hours Rate Total Discount Total Proposed Fee
80 $117.00 $9,360.00 65% = -$6,084.00 $3,276.00
This is a City event which has the potential to have a positive impact on business activity, recreation, and community activity and destination point improvement.

FISCAL IMPACT
Partial wavier of Police Services fees will result in a negative impact of $6,084.00 on the overtime budget of the Oroville Police Department

ACTION REQUESTED -
WAIVE 65% OF THE FEES, IN THE AMOUNT OF $6,084, AND HAVE THE APPLICANT PAY THE REMAINDER OF THE FEES, IN THE AMOUNT OF $3,276.00, FOR THE 2025 OROVILLE HMONG NEW YEAR FESTIVAL.

ATTACHMENTS
Request for fee waiver
32 Item 4.

Oroville Hmong New Year Festival 2025-2026
Kay Cha, President
Lao Veterans of America, Inc.
5 Wildflower Terrace
Oroville, CA 95965
(530) 720-6513
Yeng Vang, President
Hmong United Community
of Oroville, Inc.

P.O. Box 1409
Oroville, CA 95965
(530) 403-8262
August 12, 2025
To: City of Oroville
Re: Oroville Hmong New Year Festival 2025-2026
Dear the Honorable Mayor David Pittman and Members of the City Council:

On behalf of the Oroville Hmong New Year Committee, we are writing this letter to request for your support of the annual cultural event, and ask the city for a waiver on the Oroville Police Department’s fee for providing security and services to help with the community event scheduled for October 11 th and
12 th, 2025 at the Nelson Sports Complex here in Oroville.

The Oroville Hmong New Year Festival is one of the largest annual events held in Oroville annually and draws thousands of attendees from the surrounding cities as well as those from out of state. The Hmong New Year Festival is a community event and is not for profit. The committee and individuals who work on this event are volunteers, and no one gets paid for their time and services. Despite the long-standing history of this event, we have not been able to set aside a budget that is enough to operate this event. Every year, the community struggles to make ends meet by leasing booths and collecting a very low admission fee to pay for the expenses required to do this event. As we progress up to the days of the event, we will be able to collect the admission fees, plus the booth leasing fees to put together a minimal budget which we hope will cover the expenses. After all the expenses are paid and if there are any proceeds made, then it will be donated 100% toward a future Hmong community center, which will be operated by the local Hmong nonprofit organizations and the Hmong community leaders.

Therefore, on behalf of the Oroville Hmong New Year Committee and the Hmong community of Oroville, we would like to ask for your leadership to waive the Oroville Police Department’s fee for providing the security and services to the Oroville Hmong New Year Festival. The Oroville Hmong community fully understand the heavy burden this event has put on the city budget. However, we simply cannot host this cultural event without the help of the city and would like to continue to ask the city to be a part of this community event as a joint team effort between the City of Oroville and the Hmong citizens. We ask for your leadership to support to make this event as successful as it has been for the past many years and for the years to come. If you have any questions or need to reach us, please feel free to contact Kay Cha at (530) 720-6513 or Yeng Vang at (530) 403-8262. You can also email us at [email protected]. Thank you for your time and consideration on this matter, and we look forward to hearing from you.

Sincerely yours,
Kay Cha
President of Lao Veterans of America, Inc., Oroville
Yeng Vang,
President of Hmong United Community of Oroville
33 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, DIRECTOR OF PUBLIC WORKS
RE: AGREEMENT FOR PROFESSIONAL SERVICES WITH LAGOM TEA

INFUSIONS FOR FIVE SEASONAL TEA EVENTS TO BE HELD AT

THE LOTT HOME AND CHINESE TEMPLE
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider approving an Agreement for Professional Services between the City of Oroville and Lagom Tea Infusions to provide five seasonal tea education programs in collaboration with the City’s museums at the Lott House and Chinese Temple.

DISCUSSION
The City of Oroville continues to seek opportunities to enhance community engagement and cultural programming within its museums. Partnering with local professionals to provide unique, historically inspired educational experiences supports the City’s mission to highlight Oroville’s history and cultural assets while offering residents and visitors enriching activities.

Lagom Tea Infusions is a Chico based business specializing in experiential tea education and community workshops. Through this agreement (see Exhibit A- Scope of Services), Lagom Tea Infusions will design, coordinate, and facilitate the following five seasonal tea programs:

Tea & Mysticism – October at the Lott House
A Halloween-season program exploring Victorian-era mysticism and the tradition of tea leaf reading, including a guided tea tasting and self-readings in a fun and approachable format.

Holiday Tea Blending Workshop – December at the Lott House A hands-on workshop teaching the art of tea blending, with a focus on festive ingredients and flavor pairings. Guests will craft their own holiday tea blends.

Tea & Chocolate Pairing – February at the Lott House
34 Item 5.

A Valentine’s-season tasting event pairing specialty teas with curated chocolates, offering an indulgent and social experience.

Victorian Floral Tea Blending Workshop – April at the Lott House A springtime program combining the Victorian “language of flowers” with tea blending.

Guests will create floral-inspired tea blends tied to symbolism and meaning.

Chinese Tea Tasting – Date TBD at the Chinese Temple
An immersive workshop on Chinese teas, culture, and gong fu brewing techniques, featuring five traditional teas and historical context.

Each program will include educational content, guided tastings or hands-on activities, and all necessary supplies. Marketing will be conducted via Lagom Tea Infusions’ website and social platforms, with City support as appropriate.

FISCAL IMPACT
Under the terms of the agreement (see Exhibit B – Compensation):

Lagom Infusions will set ticket prices (anticipated at $35 per guest). For each ticket sold, the City will receive $10. The City will receive payment post-event, based on actual ticket sales.

This agreement provides a no-cost partnership for the City while generating facility/program revenue and increasing community engagement with City museum sites.

ACTION REQUESTED -
APPROVE AGREEMENT NO. 3565 FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF OROVILLE AND LAGOM TEA INFUSIONS; AND AUTHORIZE THE MAYOR TO SIGN.

ATTACHMENTS

1. Agreement for Professional Services- Lagom Tea Infusions (A-3565) 35 Item 5.

A-3565

CITY OF OROVILLE

AGREEMENT
THIS AGREEMENT made and entered as the day of September 16, 2025 by and between the City of Oroville, hereinafter referred to as “City” and Lagom Infusions, an individual/organization referred to as “PROVIDER”.

WITNESSETH
WHEREAS, City desires to engage the services of PROVIDER to perform the services set forth in Exhibit A entitled “Scope of Services”; and
WHEREAS, PROVIDER is qualified to provide the services listed in Exhibit A and desires to enter into this Agreement.

NOW THEREFORE, for and in consideration of the following promises, covenants, and conditions, the parties hereto agree as follows:

1. CITY agrees to engage the services of PROVIDER and PROVIDER agrees to perform in accordance with the Scope of Services listed in Exhibit A of this Agreement, with the specific dates, times, and locations to be determined mutually by the Parties.

2. PROVIDER shall pay City as outlined in Exhibit B of this Agreement.

4. PROVIDER is an independent contractor pursuant to this contract, and shall not, in any way, be considered to be an employee of the City of Oroville.

5. PROVIDER shall maintain Worker’s Compensation insurance if required by law in full force and effect throughout the entire term of the Agreement.

6. PROVIDER shall hold harmless, indemnify and pay for the reasonable costs of defense at PROVIDER’s expense the CITY, its council, employees, boards, commissions, officers, agents and representatives from and against any damages or liability (whether bodily injury, including death, property damages and/or wrongful or negligent services performed under this agreement) loss, cost or expense arising or alleged to arise out of or resulting from any wrongful or negligent act or omission of PROVIDER or its officers, agents, employees, subcontractors, sub-consultants or representatives in the performance of, arising out of, concerning or relating to any performance under this Agreement.

7. PROVIDER agrees that the CITY will not be liable for any loss or injuries incurred by the PROVIDER in the course of performing this Agreement. PROVIDER further agrees to indemnify and hold harmless the City of Oroville, its officers and employees, from any and all claims or demands whatsoever, arising out of or connected with PROVIDER’s performance under this Agreement.

8. This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations, or written agreements which may have been entered into between the parties. No modification or revision shall be of any force or effect, unless the same is in writing, and executed by the parties hereto.

9. Neither PROVIDER nor CITY may assign or transfer this Agreement, or any part thereof, without the written consent of the other party.
36 Item 5.

A-3565

10. This Agreement is subject to cancellation at any time by either party after submitting written notification to the other party at least forty-five (45) days prior to such cancellation, except that CITY retains the right to cancel this agreement at anytime up to the time of performance because of any act of God, earthquake, flooding or inclement weather.

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

CITY OF OROVILLE
By ___________________________Date____________
David Pittman, Mayor
_______________________________ Date ______
PROVIDER (signature)
__Lagom Infusions_____________________________________________________________

ORGANIZATION
__3 Hidden Grove Ct.__________________________________________________________________

ADDRESS
__Chico______CA________95926________________________________________________

CITY STATE ZIP CODE
__(781) 635-3531______________________________________________________________

CELL PHONE HOME/OFFICE PHONE
[email protected]___________________________________________________ Email Address
_____________________________________________________________________________ SOCIAL SECURITY # or TAX ID #
(Required or payment cannot be made)
37 Item 5.

A-3565
Exhibit A- Scope of Services
Lagom Infusions shall design, coordinate, and facilitate five seasonal tea education programs in collaboration with the Oroville Museums at the Lott House and Chinese Temple:

1. Tea & Mysticism – October at the Lott House
Timed around Halloween, this event explores the Victorian era’s fascination with mysticism.

Guests will enjoy a guided tea tasting while learning about tea leaf reading, a popular parlor activity of the time. Each participant will be guided through reading their own teacup in a playful and approachable way. Whether you’re a skeptic or a seeker - this tea experience is designed to be a fun activity with friends.

2. Holiday Tea Blending Workshop – December at the Lott House Celebrate the holiday season with a cozy and creative tea blending workshop. This hands-on class will introduce guests to the art of tea blending, focusing on ingredients, flavor pairing, and festive aromatics. Each attendee will craft their own unique holiday tea blends to sip and savor during the event.

3. Tea & Chocolate Pairing – February at the Lott House Celebrate the season of love and connection with a guided tasting of thoughtfully paired teas and chocolates. Guests will explore how different teas complement a curated selection of chocolates, enhancing flavor and aroma in unexpected ways. Whether you're attending with a friend, a partner, or simply treating yourself, this cozy, indulgent experience is a sweet way to savor the moment and enjoy each other's company.

4. Victorian Floral Tea Blending Workshop – April at the Lott House This floral-themed workshop brings together the Victorian language of flowers and the art of tea blending. Guests will learn the symbolic meanings assigned to different flowers in the 19th century, then use that inspiration to craft custom tea blends that express particular moods or sentiments. It’s a fragrant and artistic experience perfect for welcoming the spring season.

5. Chinese Tea Tasting - TBD Month at the Chinese Temple A hands-on workshop exploring Chinese teas, history, and tea drinking culture. Guests will learn the eastern method of brewing gong fu style, brew and taste 5 Chinese teas, and learn how tea culture has evolved through each period in Chinese history. Perfect for tea enthusiasts and beginners alike!
Each workshop includes educational content, hands-on or tasting activities, and all necessary supplies.

Event marketing will be shared via Lagom Infusions’ website and social platforms with CITY support as needed.
38 Item 5.

A-3565
Exhibit B- Compensation
 Lagom Infusions shall set event ticket prices (anticipated at $35 per guest).  For each ticket sold, the CITY will receive $10 as a facility/program use fee.  Lagom Infusions will manage all ticketing, registration, and payment processing via its website and incur any related service fees.
 Payment to the CITY shall be made post-event, based on actual ticket sales, with an invoice and event summary submitted to the CITY for each event. 39 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: ALYSSA STUTZ, DIRECTOR OF PUBLIC WORKS
RE: ADOPTION OF ADA COMPLAINT PROCEDURE
DATE: SEPTEMBER 16, 2025

SUMMARY
The City is required under the Americans with Disabilities Act (ADA) Title II and Section 504 of the Rehabilitation Act to adopt a grievance procedure. Adoption demonstrates the City’s commitment to accessibility, ensures compliance with federal and state requirements, and preserves eligibility for transportation funding administered by Caltrans and the Federal Highway Administration.

DISCUSSION
The ADA Complaint Procedure establishes a formal method for members of the public to submit accessibility concerns, identifies the City’s ADA Coordinator, and sets timelines for response and resolution.

Adoption of the Complaint Procedure ensures the City is in full compliance with federal and state accessibility requirements and positions the City for future grant opportunities such as the Active Transportation Program (ATP) and Safe Streets for All (SS4A).

FISCAL IMPACT
There is no direct fiscal impact associated with adopting the Complaint Procedure.

ACTION REQUESTED -
ADOPT THE CITY OF OROVILLE ADA COMPLAINT PROCEDURE.

ATTACHMENTS

1. ADA COMPLAINT PROCEDURE
40 Item 6.

CITY OF OROVILLE

ADA COMPLAINT PROCEDURE
Last Updated: 9/10/2025
The City of Oroville has established the following procedure to provide for the prompt and equitable resolution of complaints alleging discrimination on the basis of disability in the provision of City services, activities, programs, or benefits. This procedure is established in accordance with Title II of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and the Caltrans Local Assistance Procedures Manual (LAPM) Chapter 9.

Filing a Complaint
 Complaints may be submitted by any individual who believes they have been subjected to discrimination or denied access because of a disability.  Complaints must be filed in writing, either by letter, email, or on the City’s ADA Complaint Form (available at City Hall and on the City’s website, also attached to this procedure).
 Complaints should include the complainant’s name, address, and phone number; a description of the alleged violation, including the date and location; and the name(s) of City staff or departments involved, if known.
 Alternative means of filing (e.g., telephone, in-person, or through a representative) are available upon request.

Submission
 Complaints should be submitted to:
 ADA Coordinator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Phone: 530-534-2420
Email: [email protected]
Investigation and Response
 Within 15 working days of receiving a complaint, the ADA Coordinator, or designee, will acknowledge receipt and begin an investigation.
 The ADA Coordinator, or designee, may meet with the complainant to discuss the matter and potential resolutions.
 A written determination, including findings and any proposed corrective actions, will be issued within 60 calendar days of receipt of the complaint.

Appeal
 If the complainant is not satisfied with the ADA Coordinator’s decision, they may appeal in writing within 15 working days to the City Administrator.  The City Administrator, or designee, will review the matter and issue a final written response within 30 calendar days.
41 Item 6.

External Remedies
 Use of this procedure does not preclude an individual from filing a complaint directly with the U.S. Department of Justice, Civil Rights Division, or with the California Department of Transportation (Caltrans).
42 Item 6.

CITY OF OROVILLE

ADA COMPLAINT FORM
This form is to be used by any individual who wishes to file a complaint alleging discrimination on the basis of disability in the provision of City services, activities, programs, or benefits. Alternative means of filing are available upon request (e.g., telephone, in-person, or through a representative).

Complainant Information
Name: ________________________________________________________________________________________________ Address: _____________________________________________________________________________________________ City/State/ZIP: _____________________________________________________________________________________ Phone: _______________________________________________
Email: _______________________________________________
Person Discriminated Against (if different from above)
Name: _______________________________________________________________________________________________ Address: ____________________________________________________________________________________________ City/State/ZIP: _____________________________________________________________________________________ Phone: _______________________________________________
Email: _______________________________________________
Alleged Discrimination Information
Location of incident: ________________________________________________________________________ Date of incident: _______________________________________ City staff/department involved (if known): ______________________________________________________ Description of what happened (attach additional pages if needed):
_________________________________________________________________________________________________________ 43 Item 6.
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Resolution Requested
Please describe what action or outcome you are seeking:
______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ Signature: ______________________________________________ Date: _______________________ Please return this form to:

ADA Coordinator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Phone: 530-538-2420 Email: [email protected] 44 Item 6.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: TYSON PARDEE, MANAGER

INFORMATION TECHNOLOGY DIVISION
RE: CITY HALL CAMERA SYSTEM
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider approving a contract with Tec-Com Low Voltage Solutions, Inc. for a camera surveillance system for City Hall in the amount of $45,135.00.

DISCUSSION
City Hall is in need of a new surveillance camera system, as the existing infrastructure has become non-functional. The proposed upgrade will incorporate modern camera technology and comply with all applicable federal requirements.

Scope of Work
1) Deployment of cameras that meet NDAA and TAA compliance standards 2) Installation of dedicated hardware, including servers and network 3) Provision of video storage with a minimum 90-day retention capacity 4) Scalable storage architecture to accommodate future camera additions 5) Complete installation and configuration of all hardware and software components At the April 2, 2024 City Council meeting, staff presented a report regarding the installation of security cameras at the Public Safety Facility. That project was successfully completed through a competitive Request for Proposal (RFP) process, with Tec-Com Low Voltage Solutions, Inc. selected as the winning bidder.

Given Tec-Com’s successful implementation and the compatibility of their system with the proposed upgrade, staff recommends proceeding with Tec-Com for the City Hall project to ensure seamless integration and continuity across municipal facilities.

FISCAL IMPACT
Tech Fee Fund in the amount of $45,135.00
45 Item 7.

ACTION(S) REQUESTED -

1. APPROVE ENTERING INTO A SERVICE CONTRACT (AGREEMENT NO. 3566) WITH TEC-COM LOW VOLTAGE SOLUTIONS INC.; AND

2. AUTHORIZE THE MAYOR TO SIGN.

ATTACHMENTS
1) Tec-Com Proposal
2) Tec-Com Service Contract – A-3566
46 Item 7.

WWW.TEC-COM.NET - P.O. BOX 1626, YUBA CITY, CA 95992 - (530)751-2155 - CCL# 769824 - DIR# 1000415457 1 Bid Proposal 254065 renewed
August 12, 2025
Project: Oroville City Hall Camera System
TEC-COM is pleased to provide this Bid Proposal for the “Oroville City Hall Camera System” project.

Our proposal is based on prevailing wage pay rates and information provided from project RFP and mandatory on-site walk on 12-11-2024.

Tec-Com is registered with the DIR (#1000000735), we are a Axis Certified Pro and Gold Member Installer and can provide manufacturer warranty on installed items.

This Full Axis solution provides you with additional discounts, as well as never needing to purchase any licenses or software updates.

Scope of Work
Camera System

1. Provide site with working IP base Camera System as requested on plans and specifications for the City Hall Building.

2. Provide and install the following IP cameras with all mounting hardware and components. • Qty. 2 – Single Lens 360° Fisheye Cameras. Axis M4317-PLVE • Qty. 3 – Single Lens Outdoor 2mpxl Dome Cameras. Axis P3268-LVE • Qty. 6 – Indoor Bullet Camera. Axis M2036-LE
• Qty. 1 – Single Lens Outdoor 4k Dome Camera. Axis P3268-LVE

3. Install the following owner furnished cameras.
• Qty. 1 – Four Sensor 360° Dome Camera. Axis P3737-PLE • Qty. 1 – Indoor Bullet Camera. Axis M2036-LE

4. Provide and install new Cat6 cable and associated hardware from existing telecom room to all new camera locations.

5. Provide and install new 24 TB Server with built in PoE switch in existing Rack allowing for 30 days recording. Axis Video Recorder S2224 this allows the addition of more cameras later.

6. Provide conduit and components where needed for all outdoor camera locations.

7. Test all newly installed cabling and provide as-built drawing, warranty & test result documentation package.

8. Configure system and cameras for optimal viewing and retention and train owner on use of system.

EXCLUSIONS:

1. Pathways / Sleeves / Cable Tray (hangers only).

2. Network / Phone / WAP / AV Active Hardware.

3. Any work not listed above.

Material Cost:……………………………………………………………………………………………..…$22,455.00 Labor Cost:..……………………….…………………………...……………………………………………$22,680.00 Total Cost:……………..…………………….………………………………………………………………$45,135.00 All pricing includes tax, and freight and is good for 60 days from date on proposal.

Authorized Signature Ryan Bradford Date 08-12-2025 __
Ryan Bradford - Estimator
47 Item 7.

A-3566

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made on this 16th day of September, 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 Tec-Comm Low Voltage Solutions, 2045 Live Oak Blvd, Yuba City, CA 95991 (hereinafter referred to as the “CONTRACTOR”).

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

1. SERVICES.

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

2. TERM OF AGREEMENT.

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

3. TIME OF PERFORMANCE.

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

4. PAYMENT FOR SERVICES.

The CONTRACTOR shall be compensated in an amount not to exceed $45,135.00 for services provided pursuant to this Agreement as described in “Exhibit B.” Compensation shall under no circumstances be increased except by written amendment of this Agreement. The CONTRACTOR shall be paid within forty-five (45) days of presentation of an invoice to the DISTRICT for services performed to the DISTRICT’s satisfaction. The CONTRACTOR shall submit invoices monthly describing the services performed, the date services were performed, a description of reimbursable costs, and any other information requested by the DISTRICT.

5. CONTRACT ADMINISTRATION.

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

5.2. Manager-in-Charge. For the CONTRACTOR, Ryan Cetko 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 48 Item 7.

A-3566
binding on the CONTRACTOR. The Manager-in Charge shall not be replaced without the written consent of the CITY.

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

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

6. TERMINATION.

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

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

7. INDEMNIFICATION.

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

In the event that CITY is named as a party defendant in a lawsuit alleging injury as a result of Contractor’s negligent or wrongful performance under this Agreement, Contractor shall defend CITY with counsel approved by CITY, which approval will not be unreasonably withheld, and bear responsibility for attorney’s fees, expert fees and all other costs and expenses of litigation.

Should conflict of interest principles preclude a single lawyer from representing both CITY and Contractor, or should CITY otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the CITY its costs of defense, including without 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 49 Item 7.

A-3566
agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California but the indemnity obligation will exclude such loss or damage which is determined to be caused by the sole negligence or willful misconduct of the CITY.

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

8. INSURANCE REQUIREMENTS.

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

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

8.1.2. General Liability Coverage. The CONTRACTOR shall maintain commercial general liability insurance in an amount of not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial 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.
50 Item 7.

A-3566

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

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

8.2. Endorsements. Each general liability and automobile liability insurance policy shall be issued by insurers possessing a Best’s rating of no less than A-:VII. Each general liability insurance policy shall be endorsed with the specific language of Section 8.2.1 below. CONTRACTOR also agrees to require all contractors, and subcontractors to do likewise.

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

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

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

8.2.4. Notwithstanding the provisions included in any of the ISO Additional Insured Endorsement forms, CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amounts of coverage required.

Any insurance proceeds available to the CITY in excess of the limits and 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. 51 Item 7.

A-3566

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

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

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

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

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

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

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

9. ASSIGNMENT AND SUBCONTRACTING.

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 52 Item 7.

A-3566
responsible to the CITY for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between the CITY and subcontractor nor shall it create any obligation on the part of the CITY to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

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

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

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

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

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

11. CONFLICT OF INTEREST.

The CONTRACTOR confirms that it has no financial, contractual, or other interest or obligation that conflicts with or is harmful to performance of its obligations under this Agreement. The CONTRACTOR shall not during the term of this Agreement knowingly obtain such an interest 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 53 Item 7.

A-3566
pregnancy-related condition. The CONTRACTOR will ensure that applicants are employed, and that employees are treated during employment without regard to their race, religion, color, national origin, sex, sexual orientation, gender identity, political affiliation or opinion, medical condition, or pregnancy or pregnancy-related condition. Such action shall include, but not be limited to the following: employment, upgrading, promotion, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to include in all solicitations or advertisements for employment and to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

13. RECORDS AND AUDITS.

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

14. OWNERSHIP OF DOCUMENTS.

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

15. INDEPENDENT CONTRACTOR.

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

16. NOTICE.

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

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. 54 Item 7.

A-3566
CITY:

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

Tec-Com Low Voltage Solutions, Inc.
2045 Live Oak Blvd.

Yuba City, CA 95991
Attention: Ryan Cetko

17. GOVERNING LAW.

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

18. ENTIRE AGREEMENT; MODIFICATION.

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

19. WAIVER.

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

20. EXECUTION.

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

21. AUTHORITY TO ENTER AGREEMENT.

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

IN WITNESS WHEREOF, the parties have executed this Agreement the 16th day of September, 2024.
55 Item 7.

A-3566
CONTRACTOR:
_____________________________________
______________________________________
Ryan Cetko, Vice President
CITY OF OROVILLE:
_____________________________________
_____________________________________
Brian Ring, City Administrator
APPROVED AS TO FORM:
_____________________________________
_____________________________________
Scott Huber, City Attorney
56 Item 7.

A-3566
Exhibit A
Camera System
1) Provide site with working IP base Camera System as requested on plans and specifications for the City Hall Building.
2) Provide and install the following IP cameras with all mounting hardware and components.
 Qty. 2 – Single Lens 360° Fisheye Cameras. Axis M4317-PLVE  Qty. 3 – Single Lens Outdoor 2mpxl Dome Cameras. Axis P3268-LVE  Qty. 6 – Indoor Bullet Camera. Axis M2036-LE
 Qty. 1 – Single Lens Outdoor 4k Dome Camera. Axis P3268-LVE 3) Install the following owner furnished cameras.
 Qty. 1 – Four Sensor 360° Dome Camera. Axis P3737-PLE  Qty. 1 – Indoor Bullet Camera. Axis M2036-LE
4) Provide and install new Cat6 cable and associated hardware from existing telecom room to all new camera locations.
5) Provide and install new 24 TB Server with built in PoE switch in existing Rack allowing for 30 days recording. Axis Video Recorder S2224 this allows the addition of more cameras later.
6) Provide conduit and components where needed for all outdoor camera locations. 7) Test all newly installed cabling and provide as-built drawing, warranty & test result documentation package.
8) Configure system and cameras for optimal viewing and retention and train owner on use of system.

EXCLUSIONS:
1) Pathways / Sleeves / Cable Tray (hangers only).
2) Network / Phone / WAP / AV Active Hardware.
3) Any work not listed above.
57 Item 7.

CITY OF OROVILLE

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

DEVELOPMENT DIRECTOR
RE: AUTHORIZATION TO PAY GOLDEN STATE FIRE FOR THE PURCHASE OF ONE PIERCE TYPE 1 FIRE ENGINE AND ONE PIERCE AERIAL

LADDER TRUCK
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider authorizing the payment of $2,904,367.12 to Golden State Fire for the purchase of one Pierce Type 1 Fire Engine and one Pierce Aerial ladder truck.

DISCUSSION
City staff applied for and was awarded grant funds to purchase a Pierce Type 1 Fire Engine and Pierce Aerial ladder Truck City. Due to the 36-48 month build period for each piece of equipment, staff requested and received authority to expend grant funds a prior to the execution of the standard agreement that allow the City to order the equipment and not wait until the standard agreement was complete. Additionally, the City chose to prepay for the equipment in order to receive a $427,506 pre-payment discount. Golden State Fire typically invoices within 30 days of ordering the equipment, we are currently more than 60 days out and have not received a standard agreement.

City staff met with Golden State Fire and had requested information regarding a bridge loan that would allow Golden State Fire to be repaid but also allow the City more time to receive, execute the standard agreement and then request reimbursement from State CDBG. Because the interest rate would cost the city $60K-$90K depending upon the length of the loan, staff felt that utilizing general funds to pay the invoice and be reimbursed by the grant would be a better option. By prepaying with general funds, we will not only save $427,506 by pre-paying, we will also have some interest savings as well.

FISCAL IMPACT
The transfer of $2,904,367.12 from fund to 100 to fund 222-8030-24CDBGCPA1 to Golden state Fire Apparatus for the purchase of one Pierce Type 1 Fire Engine and one Pierce Aerial latter truck. Once grant funding is received, the City will be reimbursed for this expense. 58 Item 8.

ACTION REQUESTED -
AUTHORIZE STAFF TO PAY $2,904,367.12 TO GOLDEN STATE FIRE APPARATUS FOR THE PURCHASE OF ONE PIERCE TYPE 1 FIRE ENGINE AND ONE PIERCE AERIAL LADDER TRUCK.

ATTACHMENTS
None
59 Item 8.

September 02, 2025~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
September 02, 2025

REGULAR MEETING

MINUTES

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

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

1. Pursuant to Government Code section 54956.9(d)(2), the Council met with the City Administrator and City Attorney regarding potential exposure to litigation – Two Cases.

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

3. Pursuant to Government Code Section 54956.8, the Council met with the staff regarding Conference with Real Property Negotiations for 1200 Myers Street, Oroville, CA 95965 APN: 012-032-033-000

OPEN SESSION

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

2. Pledge of Allegiance – Led by students from Ophir Elementary School.

3. Adoption of Agenda –
Motioned by: Council Member Goodson Seconded by: Vice Mayor Smith AYES: Council Member(s) Reynolds, Thomson, Johnstone, Goodson, Webber, Vice Mayor Smith, Mayor Pittman.

NOES: None
ABSENT: None
ABSTAINED: None

PRESENTATIONS AND PROCLAMATIONS
None this meeting.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following member(s) of the public submitted public comment on this item: Rhonda Magnusson; Misty Wright; The CameraMan; Bill Speer; Dorinda Scofield; and Joe Vasquez. 60 Item 9.

September 02, 2025~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

REPORTS / DISCUSSIONS

1. Council Announcements and Reports –
Vice Mayor Smith: The Salmon Run will be happening during the Salmon Festival on September 27, 2025. The was a flyer shown and a QR code that can be used to register for the event. Vice Mayor Smith also thanked the Planning Commissioners for their hard work.

Mayor Pittman: Thanked City staff for the community meeting on Biomass. He stated it was very informative and there was a great presentation given.

2. Administration Reports
Brian Ring, City Administrator: Hwy 162 work is being done due to PG&E gas line testing.

There will a repaving of the roads to come following week. He mentioned the 2026 CalTrans project being on track with funding having been received. Mr. Ring reported the Butte County Association of Governments are advocating for more funding for the Table Mountain Blvd/Washington Avenue project. Lastly, he announced staff is making good progress on the 311 project.

Ron Belser, Director of Code Enforcement: Provided the monthly statistics report to the City Council.

Patrick Piatt, Director of Community Development: Thanked those who attended the Biomass community meeting. He stated there will be more workshops/meetings in the future regarding this topic.

Alyssa Stutz, Director of Public Works: See attached report.

Jason Wines, Chief of Police: Reported that there is one trainee position open, with all other vacancies being filled. There was a new dispatcher who started today.

CONSENT CALENDAR
Consent calendar items 1 - 7 were adopted in one action by the Council.

Motioned by: Council Member Goodson Seconded by: Vice Mayor Smith AYES: Council Member(s) Reynolds, Thomson, Johnstone, Goodson, Webber, Vice Mayor Smith, Mayor Pittman.

NOES: None
ABSENT: None
ABSTAINED: None
61 Item 9.

September 02, 2025~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

1. APPROVAL OF MASTER SALARY SCHEDULE – ADDITION OF PAYROLL TECHNICIAN The City Council approved the updated Master Salary Schedule, which includes adding the Payroll Technician position.

2. CONSIDERATION AND APPROVAL OF A JOB DESCRIPTION FOR A FIRE

MARSHAL/INSPECTOR
The City Council adopted a job description for Fire Marshal/Inspector and salary range.

3. BRANDLEY ENGINEERING TASK ORDERS NOS. 1 & 2 OF AGREEMENT NO. 3548 FOR ENGINEERING AND CONSTRUCTION MANAGEMENT FOR 2025 AIRPORT PROJECTS The City Council shall consider approved 2 task orders from Brandley Engineering:

Task Order No. 1 – Engineering design and construction management services for Crack Seal Taxiway L and the North Tie Down Apron for an amount not-to-exceed $98,500.00 Task Order No. 2 – Engineering design and construction management services for Crack Seal South Tie Down Apron, Tee Hangar Taxilanes, and Runway 13-31 Marking Upgrades for an amount not-to-exceed $141,500.00.

4. PRE-APPROVAL OF CONTRACT AWARD FOR AIRPORT CRACK SEAL PROJECTS

PENDING FAA GRANT OFFER WITH Q&D CONSTRUCTION
The City Council preapproved the award of contract to Q&D Construction in the amount of $280.000.00 for two crack sealing projects at the Oroville Municipal Airport, contingent upon receiving the grant awards from the FAA for the projects.

5. CONTRACT FOR SCHEDULE B – PROJECT 2: RUNWAY 13-31 MARKING UPGRADES WITH

SPECIALIZED PAVEMENT MARKING LLC
The City Council preauthorized to award bid for contract for marking upgrades on runway 13-31 at Oroville Municipal Airport to Specialized Pavement Marking LLC in the amount not-to-exceed $65,400.00 once the official grant award documentation is received.

6. NOT-TO-EXCEED AGREEMENT WITH PRECISION CONCRETE CUTTING (PCC) FOR

SIDEWALK MAINTENANCE AND TRIP HAZARD REPAIR
The City Council approved a not-to-exceed agreement (Agreement No. 3564) in the amount of $18,000 with Precision Concrete Cutting (PCC) to assess and repair uneven sidewalks within the Oroville High School zone. The work will address trip hazards and improve pedestrian safety through PCC’s specialized horizontal saw-cutting method, providing a cost-effective alternative to full slab replacement.

7. APPROVAL OF REGULAR MEETING MINUTES
The City Council approved the regular meeting minutes of 08.19.2025. 62 Item 9.

September 02, 2025~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

REGULAR BUSINESS

8. CONTRACT AMENDMENT WITH TABLE MOUNTAIN GOLF COURSE FOR OPERATING AND

MAINTAINING CITY OWNED FACILITY
Brian Ring, City Administrator presented this item to the City Council.

The City Council voted to amend a portion of the agreement (Agreement No. 764-10) which provides revenue to the City and partial reimbursement for costs associated with projects which are approved by the Council to TMGC.

Motioned by: Vice Mayor Smith Seconded by: Council Member Johnstone AYES: Council Member(s) Reynolds, Thomson, Johnstone, Goodson, Webber, Vice Mayor Smith, Mayor Pittman.

NOES: None
ABSENT: None
ABSTAINED: None

9. DISCUSSION AND DIRECTION REGARDING ZONING CODE DIRECTIONS FOR

TATTOOING, PERMANENT MAKEUP, AND RELATED SERVICES
The following member(s) of the public submitted public comment on this item: Natalie Sheard; Cheyann Velasquez; and Joe Velasquez.

Kiley Cope, Assistant Planner presented this item to the City Council.

The City Council directed staff to pursue option 1 provided, which would treat all pigment-based services the same. This approach is consistent with state law, simplifies enforcement, and ensures uniform treatment of similar uses.

10. TABLE FOR 8 AT THE 2025 OROVILLE ECONOMIC ALLIANCE ANNUAL BBQ The City Council approved purchasing a table for 8 at the annual Oroville Economic Alliance BBQ for a price of $510.00.

Motioned by: Council Member Goodson Seconded by: Council Member Johnstone AYES: Council Member(s) Reynolds, Thomson, Johnstone, Goodson, Webber, Mayor Pittman.

NOES: None
ABSENT: None
ABSTAINED: Vice Mayor Smith
63 Item 9.

September 02, 2025~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

PUBLIC HEARINGS
None this meeting.

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

FUTURE AGENDA ITEMS / CORRESPONDENCE

1. Future Agenda Items – None provided.

2. Correspondence – None received.

ADJOURN THE MEETING
The meeting was adjourned at 5:47PM.
_________________________________ _________________________________ Brian Ring, City Clerk David Pittman, Mayor
64 Item 9.
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82 Item 9.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND CITY COUNCIL MEMBERS
FROM: KAYLA REASTER – ASSISTANT CITY CLERK
RE: RECOMMENDATION FOR APPOINTMENT OF DACOTA QUINN TO THE

OROVILLE PARK COMMISSION
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider appointing Dacota Quinn to serve on the Oroville Park Commission with a term of September 16, 2025 – September 16, 2030.

DISCUSSION
The Oroville Park Commission provides recommendations to the City Council on the development, maintenance, and improvement of Oroville’s parks and recreation facilities. The Commission ensures that Oroville’s parks remain welcoming, safe, and accessible for residents and visitors of all ages.

A vacancy currently exists on the Oroville Park Commission. Dacota Quinn, an Oroville resident with deep family roots in the community, has applied to serve in this role. His application demonstrates a commitment to youth development, community service, and stewardship of public spaces.

Mr. Quinn is a lifelong Oroville resident, representing four generations of his family who have called Oroville home. He is the father of four sons currently attending local schools (Stream and Ishi Middle School) and has been actively engaged in supporting youth and school activities.

His experience includes:
 Coaching U16 soccer and supporting youth athletics through the Oroville Youth Soccer League and martial arts programs.
 Serving in school leadership and parent roles, including the Stream Parents Club and the Stream School Site Council.
 Active involvement in youth organizations such as the Las Plumas FFA, where he developed strong values of responsibility, teamwork, and service. 83 Item 10.

FISCAL IMPACT
None

ACTION REQUESTED -

APPOINT DACOTA QUINN TO SERVE ON THE OROVILLE PARK COMMISSION WITH A TERM OF SEPTEMBER 16, 2025 – SEPTEMBER 16, 2030.

ATTACHMENTS
Dacota Quinn’s Park Commission Application
84 Item 10.
85 Item 10.
86 Item 10.
87 Item 10.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: RONNIE BELSER, DIRECTOR CODE ENFORCEMENT
RE: AGREEMENT WITH COMCATE FOR CODE ENFORCEMENT

SOFTWARE
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider approving an agreement with Comcate to provide Code Enforcement Software.

DISCUSSION:

Code Enforcement Software Capabilities with Comcate:

Streamlined Case Management:

Comcate will eliminate the need to search for case management information in multiple locations. With consolidated data management, code officers can store and access all case data within the application. Custom filters and personal dashboards make it easy to pull up and review cases.

Enhance Reporting:

This software demonstrates the value of Code Enforcement to leadership with oneclick Key Performance Indicators (KPI) reporting. Report on violation and case types by zone and district, and track issues as they emerge with trend reporting.

Increased Field Mobility:

This software will eliminate unnecessary trips to the office with cloud-based software designed for use in the field significantly improving efficiency. The user can access the application in real-time from any WiFi-enabled device, such as an iPad, tablet or laptop. 88 Item 11.

Increased Efficiency:

This software has double case capacity with time-saving automations including dynamic routing, one-click notice generation, GIS parcel population and automatic notifications to case assignees.

Easy to Learn and Use:

The Comcate code enforcement software features an intuitive interface that’s easy for anyone to learn where staff are able to create cases in as little as 90 seconds with the ability to tap to select location and look up violations by keyword.

Improve Community Relationships:

This software will provide notification making it easy to keep citizens in the loop on the status of their submissions. Templated notice generations help educate property owners for increased awareness and compliance.

Software Costs:

One time Implementation Costs of $11,007 for software services, $1900 for GIS Enterprise and $1000 for GIS Data. Annual license fee for the software, including GIS and GIS Data is $16,307. Total Cost of Implementation is $29,214.00.

FISCAL IMPACT
There will be some costs savings for Code Enforcement in moving from existing software, however, those costs will be reallocated to other City departments.

ACTION(S) REQUESTED -

1. APPROVE RESOLUTION NO. 9406 AUTHORIZING AGREEMENT NO. 3567

WITH COMCATE AND CITY OF OROVILLE FOR CODE ENFORCEMENT
SOFTWARE; AND

2. AUTHORIZE THE MAYOR TO SIGN AGREEMENT.

ATTACHMENTS

1. Comcate Proposal

2. Comcate Agreement No. 3567

3. Resolution No. 9406
89 Item 11.

Oroville, CA
A Partnership with Comcate
7/28/25
90 Item 11.

Our
History
Comcate has a 20+ year
track record of success
implementing software
in over 200 agencies
across the country.

Guiding Public Agencies
Since 2000
750,000+ Cases Logged
Per Year
Cloud-based with bestin-class security and
infrastructure (AWS)
Experienced Staff with
Proven Expertise in
Agency Programs
+27k Staff Users Across
100's of Agencies
Recognized by ICMA and
other Professional
Associations
©2021 Comcate. All Rights Reserved. 2
91 Item 11.

Preliminary Project Goals
Our Unique Approach
Our cloud-based system will serve as a single
repository for your data and will be
accessible in real-time from any device or
computer
Each user will have the ability to access the
system from a WiFi-enabled iPad, Tablet, or
Laptop while in the field to promote fieldefficiency and eliminate unnecessary trips to the office.

Strong tracking of scheduled and historical
actions performed on a case. Easy to view the
next action that is scheduled, and when a
past action took place. Robust audit logs so
that you can view activity broken down by
user.
1 Centralize Your Data
2 Mobilize Your Team
3 Manage Your Follow-Ups
Access to Business Intelligence tools to report
on new cases created, violation types, and
compliance rates by Zone and District. Access
to specialty reports as needed such as CDBG
data broken down by property and by case.

Each case will have a dedicate inspection
modal equipped with a drop-down menu of
your most commonly used notices. Each
notice will auto-populate the appropriate
case data.

Search historical records by location, person,
date, violation, or various other data points
on case records. Pin-point a single record or
filter down to a sub-sets of records and
export or print.
4 Enhance Your Reporting
5 Go Digital With Notices
6 Historical Data
92 Item 11.

Our Customer Testimonials
Business Licenses Supervisor, Henderson, NV
Officers can spend
more time in the
field because cases
are organized and
manageable.

Code Supervisor, City of Lancaster, CA
Last year, we saved
1,500 hours
equaling almost one
[team member].

Director of Administrative Services, Rocklin, CA
Comcate’s team
understands what it
takes to make a new
program a success in
a public agency.

Community Development Director, Sedalia, MO
Comcate has been a tremendous asset to
us... There are several good companies
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City Manager, Ventura, CA
Comcate’s CRM gives us a 360 degree
view of our citizens, allowing us to
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us more efficient while improving
our customer service
©2021 Comcate. All Rights Reserved. 4
93 Item 11.

S
uccessStories
Learnhowwearehelping
agenciesacrossthecounty
deliverbest-in-class
customerservicethrough
digitaltransformation.

Checkoutoursuccess
storiesforyourselfhere.
94 Item 11.

Our Products
Comcate's Code Enforcement Solution is affordable, easy to use, and highly configurable.
©2021 Comcate. All Rights Reserved. 6
95 Item 11.

Comcate's Code Enforcement Manager is
affordable, easy to use, and highly configurable
Code Enforcement Manager (5 Minute Demo Video)
Easily manage cases and violations including follow-up
inspections and reporting.

Access case details, property history, and nearby cases from the field.

Create cases, including Notices of Violation, or other digital forms in 90 seconds.

Streamline case reporting, including time tracking.

Code Enforcement Manager
©2021 Comcate. All Rights Reserved. 7
96 Item 11.

Our GIS integrations ensure that parcel data is
always current, saving your staff time and energy
Geographic Information Systems
GIS Integration Options
GIS Lite
map-based visualizations
address verification only
basic tabular reports of activity by location
GIS Enterprise
Real-time updates from parcel database
Ownership information in real-time
Auto-populate CDBG eligibility, Zoning and
other location data directly in Comcate
©2021 Comcate. All Rights Reserved. 8
97 Item 11.

Comcate Implementation Cycle & Timing
Contract Signed
Client KickoffInitial
Configuration
Site
Acceptance
Team
Training
Formal
Launch
©2021 Comcate. All Rights Reserved. 9
30 to 45 days target
implementation timing
Collaborative effort between client
team and Comcate
implementation manager
Configuration based on client
workflow and processes
Comcate brings expertise from
hundreds of other client
implementations
98 Item 11.

Investment Summary
At Comcate, we deliver on our commitments knowing that agencies need certainty, flexibility, and zero surprises.
©2021 Comcate. All Rights Reserved. 10
99 Item 11.

Implementation
Fee (one-time)
Initial configurations, customizations, and webbased training.

Your Investment in
Comcate
Annual
License Fee
(recurring)
Includes on-going customer support,
upgrades and hosting.

Cost of
Living
Adjustment
Starting in the 2nd year, the Annual
License Fee will be adjusted by a COLA
increase not to exceed 5% per year.
©2021 Comcate. All Rights Reserved. 11
100
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Investment Summary
101
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Map data ©2025 Google
Contact Us
66 Franklin, Suite 300, Oakland, CA
(714)756-0299
Connor Dore | Account Executive
[email protected]
www.comcate.com
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CONFIDENTIAL & PROPRIETARY INFORMATION
This Technology License Agreement ("Agreement") is made as of 8/20/25 between Comcate Software, Inc. (“Comcate”), a California corporation, and the City of Oroville, CA.

A. Comcate has certain rights, interests and title to technology providing web-based customer service tools, more fully described below.

B. Comcate desires to license to Agency certain of its technology to be used by Agency in connection with its efforts to improve its delivery of services to the public, and Agency desires to accept such license.

NOW THEREFORE, in consideration of the terms and conditions of this Agreement, the parties agree as follows:

1. Grant of License and Use of Product.
(a) Subject to the terms and conditions set forth herein, Comcate grants to Agency a limited, revocable, non-exclusive and nontransferable license to use the technology set forth in Exhibit A hereto (the "Technology"), and any accompanying documentation provided to Agency by Comcate. (b) Agency may not, and may not permit others to:
(i) alter or modify, or create derivative works from the Technology or the accompanying documentation;
(ii) publish, rent, sell, loan, lease, distribute, redistribute, transmit, license, sublicense or otherwise transfer or assign the Technology or the accompanying documentation whether by operation of law or otherwise, with or without consideration, and through any means including without limitation the Internet or other electronic means;
(iii) translate, decipher, reverse assemble, reverse compile or reverse engineer the Technology, or otherwise attempt to discover any source code or underlying Proprietary Information (as that term is defined below); (iv) publish or provide any results of any tests run, accounts or other information regarding the Technology to any third party without Comcate's prior written consent or permit any third party to perform such tests; 1 A-3567
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(v) delete, remove or obscure any proprietary notices of Comcate on the Technology or accompanying documentation; or
(vi) develop or support any computer software product which is derived from, or based on, the source code of the Technology. Comcate prohibits any access to its source code by the Agency, its employees or contractors. If the Agency learns that any employee, agent of or contractor to the Agency has obtained access to the source code of the Technology, the Agency shall immediately notify Comcate in writing of such event. The Agency agrees that if such wrongful access to the source code of the Technology occurs, the Agency will not use the information derived from such access in the design development, sale or support of the software products functionally equivalent to the Technology and/or competitive with the Technology during the term of this Agreement and for a period of ninety (90) days following termination hereof.

2. Ownership.
(a) Intellectual Property. Title to, ownership of and intellectual property rights in the Technology, the accompanying documentation, Proprietary Information (as defined below) and all copies thereof shall be and at all times remain with Comcate or its designees, as applicable. All rights not expressly licensed herein are reserved to Comcate. Any corrections, bug fixes, enhancements, updates, modifications (including custom modifications), materials, information, ideas, concepts or know-how to the Technology or accompanying documentation, provided by Agency or otherwise, shall be owned by Comcate, as applicable.

Agency hereby acknowledges that this Agreement is a license agreement and not an agreement for sale.
(b) Ownership of Agency's Data. All data and databases are owned by Agency prior to the termination of this Agreement and all data, including but not limited to all citizen letters, replies, and notes generated by, on behalf of or at the request of Agency in connection with the use of the Technology (collectively, "Agency's Data") shall be and remain the sole property of Agency. Upon termination of this Agreement, Comcate will, at the request of Agency, return or destroy all of Agency's Data in the possession of Comcate promptly following such request. Comcate will not use Agency's data without the express written consent of Agency.

3. Comcate Compensation. Basis of Compensation: see Exhibit B attached hereto and incorporated by reference.

4. Initial Customization, Technical Support, On-SiteTraining, Maintenance, Enhancements and Updates; Support Services.

See Exhibit A.
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5. Acknowledgments.
(a) Agency expressly acknowledges that Agency is solely responsible for any use of the Technology, and such use will be entirely at Agency's own risk.

Agency agrees that the Technology shall not be used for or in connection with any illegal purpose (including but not limited to intellectual property infringement, fraud or defamation).
(b) Comcate acknowledges that it will "host" the Technology and support as listed in Exhibit A.

6. Nondisclosure.
(a) Agency acknowledges that, in the course of using the Technology pursuant to this Agreement, Agency may obtain confidential or proprietary information relating to the Technology, the accompanying documentation to the Technology or Comcate, including without limitation all technical, know-how and specifications ("Proprietary Information"). For purposes of this Agreement, Proprietary Information further includes any information and data which is, or should be reasonably understood to be, confidential or proprietary to the disclosing party, which may include, without limitation, proprietary technical, financial, personnel, marketing, pricing, sales and/or commercial information with respect to the products and services of the parties, as well as ideas, concepts, designs, computer programs and inventions and all record bearing media containing or disclosing such Proprietary Information which are disclosed pursuant to this Agreement. Such Proprietary Information shall belong solely to Comcate. Proprietary Information shall not include information that is or becomes publicly known through no wrongful act of Agency. Agency shall not use or disclose Proprietary Information to third parties without the prior written consent of Comcate, and Agency agrees to undertake reasonable measures to maintain the Proprietary Information in confidence. Agency agrees to report immediately to Comcate any unauthorized use or disclosure of Proprietary Information of which Agency has actual knowledge. Agency will make reasonable efforts to notify Comcate of any California Public Records Act requests for information related to this Agreement.
(b) Comcate acknowledges that, in the course of supporting and maintaining the Technology for the Agency, Comcate may obtain information regarding the Agency or its users of the Technology. Notwithstanding that certain parts of such data may become a public record, Comcate shall not disclose or use any such public information or any of Agency's Data (referred to in Section 2 (b) hereof) which accumulates as the result of the Agency's use of the Technology to any person or entity without the Agency's prior written consent. Comcate agrees to take all appropriate steps to protect the integrity and confidentiality of the Agency's Data. If any requests are made to the Agency under the Public Records Act regarding the Agency's Data or this Agreement, the Agency shall provide Comcate notice of such request within three (3) business days following the Agency's response to such request.
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(c) Each party shall protect and safeguard the Proprietary Information of the other party using at least the same degree of care such party uses to protect its own Proprietary Information of like importance. Each party agrees that all employees and subcontractors to whom Proprietary Information is disclosed will have signed a confidentiality agreement in form and substance reasonably acceptable to the disclosing party, copies of which will be provided upon request.

7. Insurance. As a separate and independent covenant from the covenant to indemnify Agency pursuant to this Agreement, Comcate shall prior to commencing the services required by this Agreement, and at all other times this Agreement remains in effect, shall procure and maintain in full force and effect all of the insurance required by Exhibit C attached hereto and incorporated by this reference.

8. Warranty Disclaimer. Comcate has no control over the conditions under which Agency uses the Technology and does not and cannot warrant the results obtained or not obtained by such use.

EXCEPT AS OTHERWISE SPECIFIED IN SECTIONS 4 AND 5 OF THIS

AGREEMENT, COMCATE HEREBY EXPRESSLY DISCLAIMS ANY
WARRANTY THAT Agency'S USE OF THE TECHNOLOGY WILL BE

UNINTERRUPTED OR THAT THE OPERATION OF THE TECHNOLOGY WILL BE ERROR-FREE OR SECURE.

9. Limitation of Remedies and Damages. AS A SEPARATE AND INDEPENDENT CONVENANT FROM COMCATE’S INSURANCE OBLIGATIONS, IN NO

EVENT SHALL COMCATE OR ITS AFFILIATES, OR ANY OF THEIR

DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE RESPONSIBLE

OR LIABLE FOR ANY LOST PROFITS, LOSS OF GOODWILL, WORK

STOPPAGE, COMPUTER FAILURE, LOSS OF INFORMATION, LOSS OF

DATA, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,

SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (EVEN IF

COMCATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR

OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE TECHNOLOGY OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.

COMCATE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED

BY DELAY IN FURNISHING THE TECHNOLOGY OR ANY OTHER
PERFORMANCE UNDER THIS AGREEMENT. Agency'S SOLE REMEDY FOR

DISSATISFACTION WITH THE TECHNOLOGY IS TO TERMINATE THIS AGREEMENT PURSUANT TO SECTION 15 BELOW. IN THE EVENT OF COMCATE'S BREACH OF THIS AGREEMENT, Agency IS ENTITLED TO SEEK RECOVERY OF ANY FUNDS PAID TO COMCATE. IN NO EVENT

SHALL COMCATE'S LIABILITY EXCEED THE AMOUNT, IF ANY, THAT Agency HAS ACTUALLY PAID TO COMCATE FOR THE RIGHT TO USE THE TECHNOLOGY.
4 106
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10. Indemnification.
(a) Agency shall defend, indemnify and hold Comcate harmless against any and all claims, damages, losses, costs or other expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from Agency's breach of this Agreement.
(b) Comcate shall defend, indemnify and hold Agency harmless against any and all claims, damages, losses, costs or other expenses (including reasonable attorneys' fees) that arise directly or indirectly out of or from Comcate's breach of this Agreement.

11. Nonassignability. Neither Agency's rights nor Agency's obligations arising under this Agreement are assignable or otherwise transferable by Agency (whether voluntarily or by operation of law) without the express written consent of Comcate, and any such prohibited assignment or transfer shall be void and without effect. If Comcate should so consent in writing, the assignee shall be bound by all of the terms and conditions of this Agreement. Comcate may assign any or all of its rights or obligations hereunder without the consent of Agency. Subject to the provisions of this term, this Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective permitted successors and assigns.

12. Term: Right of Cancellation. The Initial Use Term of this Agreement shall commence on the date hereof and continue for 365 days. Thereafter, unless Agency notifies Comcate in writing at least 90 days in advance of each scheduled expiration date that Agency elects not to renew, this Agreement shall automatically renew for a period of 365 days. The previous period's current Annual License Fee will be adjusted by the greater of the San Francisco - Oakland - San Jose Metropolitan Area Consumer Price Index or 5.0%, provided that either party may terminate as defined in Section 15.

13. Applicable Law and Forum. This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the Agency and City of Oroville in the State of California for the purpose of resolving any dispute arising under or relating to this Agreement, and each party hereby waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

14. Entire Agreement/Amendment. Each party acknowledges that it has read this Agreement and the exhibits attached to this Agreement, understands them, and agrees to be bound by their terms, and further agrees that they are the complete and exclusive statement of the agreement between the parties which supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the parties relating to this Agreement. This Agreement may not be 5 107
Item 11.
modified or altered except by written instrument duly executed by both parties.

15. Equitable Relief. Agency acknowledges and agrees that, due to the unique nature of the Technology and Proprietary Information, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow Agency or third parties to unfairly compete with Comcate resulting in irreparable harm to, and therefore, that, upon any such breach or threat thereof, Comcate shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies they may have at law.

16. Termination. This Agreement may be terminated by (a) either party in the event of a breach by the other party of a material representation, warranty, or covenant made in this Agreement by the other party and such breach is not cured within thirty (30) days after receipt by the other party of written notice thereof, or (b) by the Agency without cause upon 90 days written notice to Comcate. In the event that this Agreement is terminated without cause, the Agency shall not be entitled to any refund or credit of fees paid or payable hereunder. If the termination was a result of Comcate's breach of this Agreement Agency shall be entitled to a refund of that portion of the Annual License Fee paid for the months that this Agreement is no longer in effect. The following provisions shall survive expiration or termination of this Agreement: Sections re Ownership, Acknowledgements, Nondisclosure, Warranty Disclaimer, Limitation of Remedies and Damages, Indemnification, Nonassignability, Applicable Law and Forum, Entire Agreement/Amendment, Equitable Relief, Termination, Taxes, Relationship of Parties, Headings, Notice and Severability.

Upon expiration or termination of this Agreement, Comcate shall transfer to Agency all of Comcate's Data in form acceptable to both the Agency and Comcate and provide written confirmation of deletion of Agency’s Data.

Without terminating this Agreement, the Agency may suspend public access to the Technology at any time for any reason, and if it becomes necessary for Comcate to facilitate the temporary suspension of such access, Comcate agrees to facilitate such suspension following receipt of a written request of Agency to take such action.

17. Taxes. Agency will pay all federal, state and local sales, personal property, ad valorem and any other taxes (but not including Comcate's income taxes) arising as a result of this Agreement.

18. Relationship of Parties. The parties to this Agreement are independent contractors.

No joint venture, agency or partnership, express or implied, is granted under this Agreement. For purposes of this Agreement, neither party is an agent of the other party, and neither party has any express or implied authority to act on behalf of, or make any representations whatsoever on behalf of, the other party.

19. Headings. The headings used in this Agreement are for convenience only and shall not be considered in construing or interpreting this Agreement. 6 108
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20. Notice. Unless herein provided otherwise, any notices required or permitted under this Agreement shall be sent by registered or certified mail or by express, overnight delivery, addressed to:

For Comcate:

Comcate, Inc.

Attention: David Richmond
9450 SW Gemini Dr PMB 61173
Beaverton, Oregon 97008-7105 US
(or at such other address of which Comcate may from time to time notify Agency) or by emailing [email protected]. Agency may report any technical problems regarding the Technology to Comcate by calling (415) 632-1482 or emailing [email protected] or at such other address of which Comcate may from time to time notify Agency.

For Agency:

Ronnie Belser
Director of Code Enforcement
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
(530) 538-2448 Ext. 3055
And by emailing Agency at: [email protected]

21. Non-Appropriation of Funds. Payments due and payable to Comcate for current services are within the current budget and within an available, unexhausted, and unencumbered appropriation of the Agency. In the event the Agency has not appropriated sufficient funds for payment of Comcate’s services beyond the current fiscal year, and if no funds are legally available from other sources to lawfully make the payments, this Agreement may be terminated at the end of the original term or renewal term and the Agency shall not be obligated to make further payments beyond the current original or renewal term. The Agency will provide notice of its inability to continue the Agreement at such time as the Agency’s Designated Representative is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the contract.

22. Severability. If any provision of this Agreement is invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted. The remainder of the Agreement shall be valid and enforceable to the maximum extent possible.

23. Waiver. No waiver will be implied from conduct or failure to enforce rights. No waiver will be effective unless in writing signed on behalf of the party against whom the waiver is asserted. A waiver at one time shall not constitute a subsequent waiver of the same condition, breach, default or occurrence at any other time unless such waiver explicitly so provides. The waiver or failure of either party to exercise in 7 109
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any respect any right provided for in this Agreement shall not be deemed a waiver of any further right under this Agreement.

24. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original and each of which together shall constitute a single instrument.

25. Other Government/Publicly Funded Agencies. If mutually agreeable to all parties, the issuance of any resultant contract/purchase order referencing these specifications and modified by mutual agreement between all parties may be extended to other government or publicly funded agencies. It shall be understood that all terms and conditions as specified herein shall apply.

26. Force Majeure. Neither party shall be responsible for failure to perform in a timely manner under this Agreement when its failure is due to causes beyond its reasonable control and without its fault or negligence.

27. Modification. This Agreement and this SOW constitute the entire agreement between the parties and supersede any previous oral or written agreement. In the event of any inconsistency between the Agreement and this SOW, the Agreement shall prevail.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date shown above.

Comcate Software, Inc. (“Comcate”) Oroville, CA
Signed: Signed:

Print Name: Print Name:

Its: Its:
8 110
Item 11.

EXHIBIT A
Licensed Technology
Description of Software (defined as the “Technology”) to be Provided We believe that the following solutions are a great fit to help the Agency achieve its goals.

Phase 1
Core Products
Code
Enforcement
Manager
(CEM)
Comcate provides a best in class Code Enforcement Case
Management System that is fully integrated with our CRM product. The Agency has used Comcate’s Code Enforcement Manager for years and our project plan will include a full upgrade and migration of configurations and case data to our newest product version.

GIS
Enterprise -
Mapping and
Address
Validation
GIS Enterprise module leveraging ESRI provides address
verification, association of property attributes (e.g.
neighborhoods, council districts) with cases, viewing of activity on maps, and allows the tabular reports of activity by
neighborhood. We utilize the Agency's existing ESRI ArcGIS software and data to allow the agency to optimize its GIS investment.

GIS Data
Comcate will support adding GIS Data for the Agency’s cases.

The data will come from GIS Data acquired by Comcate or through a link provided by the Agency ParcelQuest GIS
provider.
9 111
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Implementation Timeline and milestones for deliverables Comcate’s standard implementation program is flexible. By your request we can conduct the process on a fast track basis of two months to meet the Agency’s needs and include the following actions and meetings.

Major Tasks Sub Tasks
Phase 1 - “Phase 1” indicates work is expected to happen with the initial Comcate Implementation.

Pre-project Needs
Assessment
● Meet with Agency to clarify and confirm integrations, customizations and phases of the project
Execute Agreement ● Receive signed agreement
Initial Call and
Identification of
Project Lead with the
Agency
● Review implementation process
● Identify project team
● Schedule kick-off meeting
Kick-Off Meeting ● Comcate introduction
● Review project scope and timeline
● Demo application to implementation team
● Prepare for needs assessments
Needs Assessment ● Review staff workflow
● Propose implementation configuration
Professional Services
Kick-Off
● Review priority order of professional services
● Finalize scope (confirm SOW)
● Establish Comcate and Agency Owners and Key
Stakeholders
Product
configurations
● Identification of configuration data
● Customization of CRM notifications CEM Notices and
Application-wide email/SMS templates
● Review and Sign off of configuration data
10 112
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Professional Services
configurations
● Implementation of professional services (in order of
priority)
● Configurations completed for implementation internally ● Configurations completed for implementation externally (Agency/3rd-party vendors)
● Review and Sign off of on professional services
implementation
Trainings for Agency
Staff
● Role based training: power submitters, staff-users,
Department heads, and Product Administrators
● Other trainings available upon request (i.e. Agency
Executives, Council, etc.)
Soft Launch! ● Go Live!
Follow up Training ● Separate follow up training sessions Project Wrap Up ● Debriefing with project lead, Agency manager and other appropriate participants
Future Phase - “Future Phase” indicates work is expected to happen after the initial Comcate Implementation. The timeline for work will be determined based on the Agency’s needs and scope.

Pre-project Needs
Assessment
● Meet with Agency to clarify and confirm integrations, customizations and scope of future phases
*We can generally complete the phase 1 implementation and go live within 180 days after signing the contract.

Professional Services may have an impact on the project timeline dependent on final scope and mutually agreed upon process for sign-off and implementation.

Training
Comcate’s training goal is to have staff users up and running on the application during their initial training session.

Comcate has developed its role-based training program by continuing to learn from our hundreds of existing client implementations. Training sessions are organized to be completed in less than an hour, as longer sessions often result in attendees’ attention span waning. The session is organized like a story: we start with an introduction about Comcate, the application and project background, then discuss the reason for the implementation, any internal breakdowns that have been identified, and concerns of management.

This provides an opportunity to highlight how our software addressed similar concerns at other agencies. After 11 113
Item 11.
this discussion, we have provided a brief product demonstration, which provides background to move into the primary, usage-based part of the training.

We found the best result is to have people start using the application as soon as possible. During this period we have staff log-in, create and manage cases, assign tasks and, as appropriate, perform activities that are appropriate for their role. We make this fun and develop stories about requests that are relevant and humorous to those attending the training.

We provide each attendee with a personalized use-guide which they can take back to their desk. This includes all the information they need to access the application, get answers to common questions and contact Comcate’s customer support if necessary. After the training your Project Manager will monitor and track the cases to ensure that all staff members feel comfortable with the application and that the Agency is ready to go live.

Post-implementation training sessions are also included in our proposal. We have found these are valuable by providing staff an opportunity to ask specific questions after they have had a chance to work with the application.

Additional Training (in-person and web-based) can be accommodated at the Agency’s request.

Ongoing Support and Services
We view every client relationship as a long term partnership. During implementation you will be introduced to several members of our experienced and capable in-house customer support staff.

We maintain hours necessary to support our clients. Currently, our customer service technicians operate during normal business hours from 8am to 5:00pm PST Monday through Friday. Our team is available during business hours via email and phone and we are committed to responding to all client issues within 4-6 hours.

Comcate is required to uphold the following performance standards and response times in the Service Level Table in order to be considered in compliance with its contract:

Comcate shall make arrangements for the technology to be accessible by the Agency’s staff and public users 99.8% of the time, not counting scheduled maintenance for users of Comcate’s ASP service. 12 114
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Service Level Standards
Support includes the following:

1. Trouble-shooting at Comcate’s facilities

2. Establishment of an FAQ for customers

3. On-line help windows including comprehensive Customer Knowledge Base* *Comcate’s Customer Knowledge base can be found here.
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EXHIBIT B

SCHEDULE OF INVESTMENT
Investment Summary
The investment includes Comcate’s core products, additional products and services, and professional services.

The core products are turn-key ready to be delivered. The additional products and services and the professional services include deliverables to meet the specific needs of the Agency.

The year-one investment in Comcate’s software consists of two components: 1) the one-time Implementation Fee which includes initial configurations and web-based training 2) the Annual License Fee which includes on-going support, upgrades and hosting.
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Invoicing Terms
Annual renewal invoice based on an effective date of 9/16/2025 This amount will be adjusted by a COLA increase not to exceed 5% per year.

Agency shall promptly review invoicing and notify Comcate of any objection thereto in writing within fifteen (15) business days of receipt of the invoice, and absent such objection, the invoice shall be deemed proper and acceptable, and shall be payable within thirty (30) days of receipt by the Agency. Total Year One Investment to be invoiced upon execution of this agreement.
15 117
Item 11.

CITY OF OROVILLE
RESOLUTION NO. 9406

A RESOLUTION OF THE OROVILLE CITY COUNCIL APPROVING AGREEMENT

WITH COMCATE TO PROVIDE CODE ENFORCEMENT SOFTWARE SERVICES BE IT HEREBY RESOLVED by the Oroville City Council as follows:
a. Agreement with Comcate to provide code enforcement software services. b. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting on September 16, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
David Pittman Mayor
APPROVED AS TO FORM: ATTEST:

David Ritchie, Asst. City Attorney Brian Ring, City Clerk 118
Item 11.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS
FROM: TIM KABER – PROJECT MANAGER
RE: UPDATE ON DESIGN PROCESS AT 655 CAL OAK, NEW CORP YARD DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall receive a presentation on design progress for the new City of Oroville Corporation Yard.

DISCUSSION
Phase 1 of the new Corp Yard project is nearing completion. The contractor will present the results of the requirements gathering process and the conceptual layout of the new facility.

The Phase 2 contract with a Guaranteed Maximum Price will be presented at the October 7, 2025 City Council meeting.

FISCAL IMPACT
There is no fiscal impact.

ACTION REQUESTED -
ACCEPT FOR INFORMATION.

ATTACHMENTS:

Corp Yard Update PPT
119
Item 12.

Corp Yard Update
Tuesday, September 16, 2025
Oroville City Council
Public Works - Engineering
1 120
Item 12.

Recommended Motion
• Accept for information.
2 121
Item 12.

Project Status
• Initial Contract:
• $30,000
• Awarded April 15, 2025
• Contractor:
• United Building Contractors – Prime
• Studio W – Architect/Engineer
• Additional Contractor for Topo:
• NorthStar ($7,500)
3 122
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Project Scope
4 • Phase 1
• Develop Conceptual Design and Programming using City Employee focus groups, site surveys, and document reviews
• Focus on essential functions/services for Public Works functions • Anticipate 20 year growth in work force
• Phase 2
• Complete the design and renovate the existing administrative offices and mechanics shop facilities at the new Corp Yard at 655 Cal Oak Road 123
Item 12.

Site Layout
5 Building A – Office Building
Building B – Mechanics Shop
124
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Office Building
6 125
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Office Building - West
7 126
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Office Building - East
8 127
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Mechanics Shop
9 128
Item 12.

Program Development – Office Spaces
10 129
Item 12.

Program Development – Mechanics Bldg
11 130
Item 12.

Action Requested
• Accept for information.
12 131
Item 12.

Questions?
13 132
Item 12.
133
Item 13.
134
Item 13.
135
Item 13.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN & COUNCIL MEMBERS
FROM: JANET GOODSON, COUNCIL MEMBER
RE: NAACP BUTTE COUNTY 5TH ANNUAL INVITATION AND REQUEST

TO PURCHASE TABLE
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall consider purchasing a table to attend the 4th Annual NAACP Dinner for $750.00.

DISCUSSION
None.

FISCAL IMPACT
To be paid for with Community Enhancement fund dollars.

ACTION REQUESTED -
ACTION REQUESTED - APPROVE PURCHASE OF TABLE FOR $750.00.

ATTACHMENTS
Letter from NAACP
NAACP 5
th Annual Invitation
136
Item 13.

CITY OF OROVILLE

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

WES ERVIN, CITY PLANNER
RE: APPEAL OF THE JULY 24, 2025, DECISION OF THE OROVILLE

PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT
UP25-11 FOR AN AEGIS TREATMENT CENTER OUTPATIENT
MEDICAL SERVICES FACILITY AT 1121 ORO DAM BOULEVARD
EAST (APN 035-260-011)
DATE: SEPTEMBER 16, 2025

SUMMARY
The City Council shall conduct a public hearing and consider an appeal of the Oroville Planning Commission’s July 24, 2025, decision to deny Use Permit UP25-11 for an outpatient treatment center at 1121 Oro Dam Blvd East. The proposed facility will operate as a medication unit affiliated with a licensed narcotics treatment program, offering medically supervised services.

DISCUSSION
The Council shall conduct a public hearing and consider an appeal of the Oroville Planning Commission’s regular July 24, 2025, decision to deny Use Permit UP25-11 for an outpatient treatment center at 1121 Oro Dam Blvd East on 1.58-acre parcel APN 035- 260-011. The proposed facility will operate as a medication unit affiliated with a licensed narcotics treatment program, offering medically supervised services.

Per Oroville Municipal Code (OMC) Chapter 17.56.100.B an appeal of a Planning Commission decision must be heard no later than 45 days from receipt of the request and the Council must provide a determination within 30 days after the public hearing. The appeal was received on August 1, 2025, within the 15-day time limit.

The appeal claims that the Planning Commission abused its discretion by:

1. Relying on new information presented at the hearing that was not available earlier.

2. Reflecting prejudice against individuals protected by the American with Disabilities Act that are seeking medical treatment for substance abuse recovery. 137
Item 14.

3. Disregarding the Findings supporting the use at this location.

4. Relying on lay testimony rather than that of medical professionals for medical and clinical matters.

On July 24 the Planning Commission discussed the project and heard testimony from the public. Commentors spoke both in favor and against the location. The biggest concerns expressed were the location of the facility in an area of high traffic volume and the potential for accidents with patients pulling into fast traffic lanes, including the potential for hitting jaywalkers which frequently cross at that location. Due to the location of a bus stop on the opposite side of 162 with no nearby crosswalks, the Commission had concerns about increased jaywalking between the bus stop and facility.

In denying the application the Planning Commission made it clear that their denial was for the location only and that the primary concern was public safety – the location being surrounded by heavy commercial uses with limited pedestrian access, traffic safety concerns along SR162, and the potential for nuisance increases in an area with known existing concentrations of unhoused encampments. Commissioners and staff have encouraged the applicant to seek other locations for their clinic.

The Planning Commission meeting video is at
https://www.youtube.com/watch?v=twbPLLJFfrw . The item starts at 6:01 in that video.

Approving the appeal means the Council would approve the project at that location, including these items in the Planning Commission staff report:
 Use Permit UP25-11
 The Notice of Exemption
 The approval version of Resolution P2025-12
 Use Permit Findings
 The project conditions
Denying the appeal denies only the proposed location and not the project itself. The applicant would be able to re-submit with a new location The public notice for this hearing was published in the Oroville Mercury Register on August 30, 2025.

FISCAL IMPACT
None. All fees are paid by the applicant.
138
Item 14.

ACTION REQUESTED -

1. ADOPT RESOLUTION NO. 9408 - APPROVING THE APPEAL AND UP25- 11, INCLUDING THE NOTICE OF EXEMPTION, THE FINDINGS, THE

PROPOSED PROJECT CONDITIONS, AND AUTHORIZE THE MAYOR TO SIGN; OR

2. ADOPT RESOLUTION NO. 9407 - DENYING THE APPEAL AND
UPHOLDING THE PLANNING COMMISSION’S DENIAL OF USE PERMIT UP25-11, AND AUTHORIZE THE MAYOR TO SIGN. DIRECT STAFF TO WORK WITH THE APPLICANT TO FIND A NEW LOCATION AND REAPPLY WITHOUT PREJUDICE.

ATTACHMENTS

1. Appeal filed August 1, 2025

2. Planning Commission agenda package of July 24

3. Other materials received after the agenda publication, including denial Resolution P2025-12

4. Planning Commission denial letter denial resolution P2025-12

5. Council resolution approving the appeal

6. Council resolution denying the appeal
139
Item 14.

APPEAL APPLICATION
(Please print clearly and fill in/provide all that apply) DECISION BEING APPEALED
(Please check all that apply)
City Staff Member  Decision Making Body
{ } Building Official  { } Arts Commission
{ } Chief of Police  { } Development Review Committee
{ } City Engineer  { } Historic Advisory Committee
{ } Director of Business Assistance & Housing   { } Housing Loan Advisory Committee { } Director of Parks & Trees  { } Park Commission
{ } Director of Planning & Development Services / Zoning  Administrator  { } Planning Commission { } Director of Public Works  { } Supplemental Benefits Fund Steering Committee { } Fire Chief
{ }  Other (Please Specify):  _______________________________________________________________________ Hearing date of decision being appealed: _____________________   Number of days since the hearing was held: ___________ APPEAL DESCRIPTION
Detailed Description of Appeal:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ APPLICANT S SIGNATURE
I hereby certify that the information provided in this application is, to my knowledge, true and correct.

Applicant’s Signature:    Date:

FOR OFFICE USE ONLY
APPROVED BY: ___________________________________________      DATE: _____________________________ {  } Credit Card #:_____________   {  } Debit Card #:  ____________    {  } Money Order    {  } Cash    {  } Check #__________ City of Oroville
Planning Division - Community Development Department
TRAKIT#:___________-_______
1735 Montgomery Street
Oroville, CA  95965-4897
(530) 538-2401 FAX (530) 538-2426
www.cityoforoville.org
REQUIRED FOR A COMPLETE APPLICATION
{ } Completed and signed Application Forms
{ } Application Fee Paid (Discretionary Items): ($3,729) + 6% Tech Fee = $3,952.74 { } Application Fee Paid (Ministerial Items): ($373) + 6% Tech Fee = $395.38 X
JULY 24, 2025 12
This appeal is submitted to challenge the Planning Commission’s July 24, 2025 decision denying the requested Use Permit for a Medication Unit at 1121 Oro Dam Boulevard. The Planning Commission erred and abused its discretion in several respects. First, the Commission improperly relied on data and information that were never shared with the applicant in advance of the hearing, depriving the applicant of a fair opportunity to review or rebut those materials. Second, the Commission’s decision reflects clear and impermissible prejudice against individuals seeking medical treatment for substance use recovery— conduct that violates the protections afforded by the Americans with Disabilities Act (ADA). Third, the Commission disregarded material evidence in the record, including the Planning Department s wellsupported analysis and recommendation of approval based on the project s conformance with all applicable Use Permit findings. Fourth, the Commission relied on lay testimony concerning medical and clinical matters, while failing to consult or consider input from qualified medical professionals. For all of these reasons, the Commission’s denial was not supported by substantial evidence, was influenced by improper factors, and constitutes an abuse of discretion. The applicant reserves the right to assert additional arguments or evidence in support of this appeal prior to any final hearing before the City Council.
8/5/2025
140
Item 14.

APPEALS TO THE PLANNING COMMISSION

1. If the applicant or any other person is dissatisfied with the action of the Zoning Administrator, City Engineer, Director of Parks and Trees, Fire Chief, Historic Advisory Committee or Development Review Committee, he or she may appeal in writing to the Planning Commission within 15 days after the action. If no appeal is filed, the action shall be final.

2. Within 45 days of filing an appeal, the Planning Commission shall hold a public hearing to consider the action and the appeal of that action. The Planning Commission shall render its decision within 30 days of the public hearing, and it shall provide immediate verbal notice of the decision. If the Planning Commission’s decision is not appealed, the decision shall be final.

3. Exception: To appeal a fee waiver decision, made by the Director of Planning & Development Services, appeals shall be taken directly to the City Council.

APPEALS TO THE CITY COUNCIL

1. If the applicant or any other person is dissatisfied with a Planning Commission action, he or she may appeal, in writing to the City Council within 15 days after the action. If no appeal is filed, the action shall be final.

2. Within 45 days of filing an appeal, the City Council shall hold a public hearing to consider the action taken by the Planning Commission and the appeal of that action. The City Council shall render its decision within 30 days of the public hearing, and it shall provide immediate verbal notice of the decision. The decision shall be final.

3. To appeal a fee waiver decision, made by the Director of Planning & Development Services, appeals shall be taken directly to the City Council. Apart from not having to first be heard by the Planning Commission, all other appeal criteria for appeals to the City Council listed above shall apply.

REAPPLICATION

1. General: Whenever an application for a rezoning , prezoning, permit or variance has been denied as set forth in this chapter, no new application for the denied rezoning, prezoning, permit or variance shall be filed on any part of the property included in the denied application within 1 year from the date of the final decision on the denied application; provided, however, that a new application may be filed and accepted where a change of circumstances has occurred that might affect the outcome of the decision.

2. Hearing: The finding that relevant circumstances have changed enough to justify reconsideration of the denied application may be made by the planning Commission only after a public hearing noticed and held in the same manner as the hearing for the denied application. A request for a special public hearing shall be accompanied by a fee established by resolution of the City Council and a written explanation of the change of circumstances.

3. Appeals: The decision of the Planning Commission on the issue of change of circumstances shall be final, unless it is appealed as provided in Section 17-56.100 of the City Zoning Code (see above). The City Council may approve an appeal only upon finding, based on substantial evidence, that there has been a change of circumstances that might affect the outcome of the decision.

The Community Development Department operates on a full cost recovery for processing of permits. Staff will charge their time and any expenses associated with processing the application against the initial deposit. Fees that have been captured for the reimbursement of City expenses are nonrefundable.

Technology cost recovery fees are non-refundable
141
Item 14.







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Between January and July 2025, the AEGIS Clinic at 590 Rio Lindo Avenue had 26 police incidents reported within a 500-yard radius. This was among the highest counts observed in Chico’s health and social service facilities included in this analysis. Enloe Hospital reported 28 incidents during the same period, while Victor Community Support Services had 7, Skyway House reported 6, and Therapeutic Solutions recorded 4. The Renewal Center, a transitional housing and support facility, had 18 incidents. For context, the downtown bar Madison Bear Garden had 50 incidents, serving as a benchmark for high-activity zones unrelated to healthcare.

AEGIS operates as a Medication-Assisted Treatment (MAT) clinic, providing methadone and buprenorphine dosing for individuals with opioid use disorder. The nature of MAT programs involves frequent visits, often daily, especially in early recovery. This results in consistent foot traffic to the site. AEGIS also serves many clients who are unhoused, on probation or parole, or navigating complex recovery needs. These operational factors contribute to a higher volume of activity around the clinic, which can increase calls for service and demand on law enforcement resources.

In contrast, the other facilities in this comparison operate under different models. Victor Community Support Services provides outpatient mental health care, including counseling and rehabilitation for youth and families. Skyway House is a residential treatment center with 20 beds, offering structured inpatient recovery programs. Therapeutic Solutions focuses on psychiatric services, including Intensive Outpatient Programs (IOP) and medication management. These sites serve clients with ongoing support needs, but the frequency of visits and overall volume of people on-site at any given time is much lower than at AEGIS.

The Renewal Center serves a different but overlapping population. It provides housing and wraparound services for individuals experiencing homelessness, many of whom also deal with substance use or mental health conditions. Located in an area with a high concentration of bars, second only to downtown, the Renewal Center experiences elevated public activity that may contribute to incident reports. However, even with this environmental factor, the number of incidents at AEGIS remains higher, indicating that service model and site usage patterns have a meaningful impact.

While none of these facilities are at fault for the needs of the populations they serve, the data suggests that high-intensity MAT programs may have a distinct and measurable impact on surrounding public safety activity. These findings should not be used to stigmatize treatment programs but instead to support thoughtful planning decisions. Local conditions, treatment models, and population needs should all be considered when evaluating proposed sites for similar services. Public safety coordination, infrastructure readiness, and community engagement strategies may be necessary to support both the clients and the neighborhoods where these essential services are located.
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DISTRICT
RTE
RTE_SFX
CNTY
PM_PFX
PM
PM_SFX

DESCRIPTION
BACK_PEAK_HOUR
BACK_PEAK_MADT
BACK_AADT
AHEAD_PEAK_HOUR
AHEAD_PEAK_MADT
AHEAD_AADT
03 162 BUT 15.831 OROVILLE, JCT. RTE. 70 1500 14500 12700 3500 30500 26500 03 162 BUT 16.017 FEATHER RIVER BOULEVARD 3450 30500 26500 2900 29500 25500 03 162 BUT 17.142 OROVILLE, LINCOLN STREET 2850 27500 24400 3050 27500 24400 03 162 BUT 17.553 ON OLIVE HIGHWAY, SOUTH OF O 3000 27500 24400 2900 26000 23100 03 162 BUT 18.006 OROVILLE, LOWER WYANDOTE RO2850 26000 23100 1800 20500 19000 03 162 BUT 18.457 FOOTHILL BOULEVARD 1800 19400 17500 1400 13600 11800 03 162 BUT 20.449 OROVILLE QUINCY HIGHWAY 1350 13600 12100 1200 12100 10800 2003 AADT Caltrans traffic data Source: https://dot.ca.gov/programs/traffic-operations/census 175
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. ATTENTION: This message originated from outside the City of Oroville. Please exercise judgment before opening attachments, clicking on links, or replying. .

From: Kiley Cope
To: Wes Ervin
Subject: Fw: Request for information related to AEGIS methadone clinic Date: Wednesday, July 23, 2025 1:59:17 PM
Attachments: image002.png
Eureka code enforcement reports issues with encampments and garbage near the facility
From: Henry Baker <[email protected]>
Sent: Wednesday, July 23, 2025 1:56 PM
To: Kiley Cope <[email protected]>
Subject: FW: Request for information related to AEGIS methadone clinic You don't often get email from [email protected]. Learn why this is important Hi, Kiley.

I received a response from our Code Enforcement team (see below).

All the best,
~Henry
From: Matt Morgan <[email protected]>
Sent: Wednesday, July 23, 2025 9:06 AM
To: Henry Baker <[email protected]>; Brian Stephens <[email protected]> Cc: Caitlin Castellano <[email protected]>
Subject: RE: Request for information related to AEGIS methadone clinic Hi Henry,
I don’t believe that we have had any issues at this location. We have had issues with the train tracks and the buildings around it with encampments and garbage but nothing with this address specifically. I hope this helps and have a great day.

Matthew Morgan
Code Enforcement Program Manager
[email protected]
707-441-4255
176
Item 14.

Please note that email correspondence with the City of Eureka, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt. This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 177
Item 14.

CITY OF OROVILLE
RESOLUTION NO. P2025-12

A RESOLUTION OF THE PLANNING COMMISISON OF THE CITY OF OROVILLE, CALIFORNIA, DENYING USE PERMIT UP25-11 FOR AN OUTPATIENT MEDICAL CLINIC OPERATED BY AEGIS TREATMENT CENTERS, LOCATED AT 1121 ORO DAM BOULEVARD EAST (APN 035-260-011)
WHEREAS, the City has received an application packet from Aegis Treatment Centers to operate an outpatient methadone treatment clinic at 1121 Oro Dam Boulevard on APN 035-260-011; and
WHEREAS, The City of Oroville Municipal Code (OMC) Section 17.48.010 specifies that the proposed use may be conditionally permitted subject to the approval of a CUP in the Corridor Mixed Use District (MXC); and
WHEREAS, at a duly noticed public hearing before the Planning Commission on July 24, 2025, at which time the Applicant was provided the opportunity to present testimony and evidence alongside the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the use permit described herein; and at which time the Commission also considered the City’s staff report regarding the request; and
WHEREAS, the matter has been fully heard and considered by the Commission; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby DENIES Conditional Use Permit UP 25-12 based upon the following findings:

1. Incompatibility with the Surrounding Area and Land Uses The proposed clinic is incompatible with the nature and character of the surrounding land uses. The area is primarily commercial and auto-oriented with limited pedestrian infrastructure. The presence of a methadone clinic in this location would conflict with the intended land use pattern and may create safety and access concerns for clinic clients and the general public.

2. Failure to Demonstrate Adequate Site Design and Operational Safeguards The applicant has not, in sufficient detail, addressed security measures, client queuing, loitering mitigation, or coordination with Public Safety and Code Enforcement. Inadequate operational planning raises risks of congestion, off-site impacts, and disruption to neighboring businesses.

3. Potential Adverse Impact on Public Health, Safety, and Welfare The location along a heavily traveled five-lane highway segment of State Hwy. 162 (including a center two-way left-turn lane, and no nearby pedestrian crossings) raises significant concerns regarding client access and site safety. Insufficient detail has been provided about how patients will safely access the site via public transportation or non-vehicular means, creating a potential hazard for both patients and general traffic circulation.
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4. Denial Not Based on Discriminatory Purpose
This denial is not based on the identity or medical condition of the patients served by the proposed clinic. The City recognizes substance use disorder as a disability protected under the ADA and FHA. The decision to deny this permit is based solely on evidence in the record demonstrating land use incompatibility, safety concerns, and failure to meet established CUP criteria. The City has not acted with discriminatory intent and this denial is narrowly tailored to the particular site and application.

I HEREBY CERTIFY that the foregoing resolution was duly introduced and passed at a regular meeting of the Planning Commission of the City of Oroville held on the 24th of July, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

_______________________________ _______________________________ Kayla Reaster, Asst. City Clerk Wyatt Jenkins, Chairperson 179
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Alex Dodd
Harris Eureka LLC
19140 7th Street East
Sonoma
CA 95476
415 205 9005
[email protected]
Oroville Planning Commission
Oroville City Hall
1735 Montgomery Street
Oroville, CA 95965
July 22, 2025
Dear Sirs ,
I am writing to express my strong support and recommendation for Aegis Treatment Centers, operated by Pinnacle Treatment Centers, which has been a tenant at my properties in Lodi, CA (since 2019) and Eureka, CA (since 2020). Throughout their tenancy, Aegis has shown exceptional responsibility, professionalism, and commitment, not only in their business operations but throughout the communities they serve.

Aegis has consistently met all lease obligations, including timely payment of rent and adherence to property maintenance guidelines. The business has been a valuable addition to our commercial property, attracting positive attention.

I would like to affirm that during the tenure of Aegis as a tenant at Lodi and Eureka, there have been no serious issues or complaints from neighboring 180
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2 businesses or residents concerning their operations or their patients, nor am I aware of any complaints being made to the city they are in. Aegis has consistently demonstrated a high level of professionalism and courtesy, ensuring that their presence contributes positively to the community. Their adherence to property guidelines and their respectful interactions with others in the vicinity have been exemplary.

I highly recommend Aegis Treatment Centers for any support or opportunities that may facilitate their ongoing growth to help save the lives of those going through addiction recovery.

Please feel free to contact me at 415 205 9005 or [email protected] if you require any further information or clarification. I would also be happy to travel to Oroville and attend any meetings in person with you.

Thank you for considering this recommendation.

Sincerely,

ALEX DODD
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www.buttecounty.net/183/Oroville
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CITY OF OROVILLE
RESOLUTION NO. P2025-12

A RESOLUTION OF THE PLANNING COMMISISON OF THE CITY OF OROVILLE, CALIFORNIA, DENYING USE PERMIT UP25-11 FOR AN OUTPATIENT MEDICAL CLINIC OPERATED BY AEGIS TREATMENT CENTERS, LOCATED AT 1121 ORO DAM BOULEVARD EAST (APN 035-260-011)
WHEREAS, the City has received an application packet from Aegis Treatment Centers to operate an outpatient methadone treatment clinic at 1121 Oro Dam Boulevard on APN 035-260-011; and
WHEREAS, The City of Oroville Municipal Code (OMC) Section 17.48.010 specifies that the proposed use may be conditionally permitted subject to the approval of a CUP in the Corridor Mixed Use District (MXC); and
WHEREAS, at a duly noticed public hearing before the Planning Commission on July 24, 2025, at which time the Applicant was provided the opportunity to present testimony and evidence alongside the comments and concerns of public agencies, property owners, and members of the public who are potentially affected by the approval of the use permit described herein; and at which time the Commission also considered the City’s staff report regarding the request; and
WHEREAS, the matter has been fully heard and considered by the Commission; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby DENIES Conditional Use Permit UP 25-12 based upon the following findings:

1. Incompatibility with the Surrounding Area and Land Uses The proposed clinic is incompatible with the nature and character of the surrounding land uses. The area is primarily commercial and auto-oriented with limited pedestrian infrastructure. The presence of a methadone clinic in this location would conflict with the intended land use pattern and may create safety and access concerns for clinic clients and the general public.

2. Failure to Demonstrate Adequate Site Design and Operational Safeguards The applicant has not, in sufficient detail, addressed security measures, client queuing, loitering mitigation, or coordination with Public Safety and Code Enforcement. Inadequate operational planning raises risks of congestion, off-site impacts, and disruption to neighboring businesses.

3. Potential Adverse Impact on Public Health, Safety, and Welfare The location along a heavily traveled five-lane highway segment of State Hwy. 162 (including a center two-way left-turn lane, and no nearby pedestrian crossings) raises significant concerns regarding client access and site safety. Insufficient detail has been provided about how patients will safely access the site via public transportation or non-vehicular means, creating a potential hazard for both patients and general traffic circulation.
187
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4. Denial Not Based on Discriminatory Purpose
This denial is not based on the identity or medical condition of the patients served by the proposed clinic. The City recognizes substance use disorder as a disability protected under the ADA and FHA. The decision to deny this permit is based solely on evidence in the record demonstrating land use incompatibility, safety concerns, and failure to meet established CUP criteria. The City has not acted with discriminatory intent and this denial is narrowly tailored to the particular site and application.

I HEREBY CERTIFY that the foregoing resolution was duly introduced and passed at a regular meeting of the Planning Commission of the City of Oroville held on the 24 th of July,
2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVE:

_______________________________ _______________________________ Kayla Reaster, Asst. City Clerk Wyatt Jenkins, Chairperson 188
Item 14.

CITY OF OROVILLE
RESOLUTION NO. 9407

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, DENYING AN APPEAL OF THE JULY 24, 2025, DECISION OF THE OROVILLE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT UP25-11 FOR AN AEGIS TREATMENT CENTER OUTPATIENT MEDICAL SERVICES FACILITY AT 1121 ORO DAM BOULEVARD EAST (APN 035-260-011)
WHEREAS, the City has received a Use Permit application packet from Aegis Treatment Centers to operate an outpatient methadone treatment clinic at 1121 Oro Dam Boulevard on APN 035-260-011 which was given the designation UP25-11; and WHEREAS, on July 24, 2025 the Planning Commission conducted a public hearing on the project and denied the use permit on the basis of location only; and WHEREAS, the applicant filed an appeal before the 15-day appeal period asking the City Council to reverse the decision, which the City Council must hear within 45 days; and WHEREAS, at a duly noticed public hearing before the City Council on September 16, 2025, the Council heard testimony from the applicant and the public and also considered the City’s staff report regarding the request.

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

Section 1. The City Council hereby denies the appeal by the applicant and denies UP25-11 without prejudice.

Section 2. The City Council also directs staff to work with the applicant to help them find a location more suitable for the intended use, and to bring that location to the Planning Commission for review and possible approval.

Section 3. The City Clerk shall attest to the adoption of this Resolution. 189
Item 14.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on September 16, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

David Ritchie, Asst. City Attorney Brian Ring, City Clerk 190
Item 14.

CITY OF OROVILLE
RESOLUTION NO. 9408

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, APPROVING AN APPEAL OF THE JULY 24, 2025, DECISION OF THE OROVILLE PLANNING COMMISSION TO DENY CONDITIONAL USE PERMIT UP25-11 FOR AN AEGIS TREATMENT CENTER OUTPATIENT MEDICAL SERVICES FACILITY AT 1121 ORO DAM BOULEVARD EAST (APN 035-260-011)
WHEREAS, the City has received a Use Permit application packet from Aegis Treatment Centers to operate an outpatient methadone treatment clinic at 1121 Oro Dam Boulevard on APN 035-260-011 which was given the designation UP25-11; and WHEREAS, on July 24, 2025 the Planning Commission conducted a public hearing on the project and denied the use permit on the basis of location only; and WHEREAS, the applicant filed an appeal before the 15-day appeal period asking the City Council to reverse the decision, which the City Council must hear within 45 days; and WHEREAS, at a duly noticed public hearing before the City Council on September 16, 2025, the Council heard testimony from the applicant and the public, and also considered the City’s staff report regarding the request; NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

Section 1. The City Council hereby approves the appeal by the applicant and approves UP25-11, the Notice of Exemption, the use permit findings, and the project conditions, and directs staff to issue the requisite documents.

Section 2. The City Clerk shall attest to the adoption of this Resolution. 191
Item 14.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on September 16, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

David Pittman, Mayor
APPROVED AS TO FORM: ATTEST:

David Ritchie, Asst. City Attorney Brian Ring, City Clerk 192
Item 14.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BRIAN RING, CITY ADMINISTRATOR
RE: PUBLIC HEARING REGARDING VOTER APPROVED CHANGES TO

CITY CHARTER
DATE: SEPTEMBER 16, 205

SUMMARY
On April 16, 2024 the Council directed staff to put proposed changes to the City Charter, on the November 5, 2024 ballot. The changes were divided up into 4 categories, made publicly available and placed on the ballot in four measures: Measure J – Changing City Treasurer from Elected to Appointed, Measure K – Changing Compensation for Council Members to be Set by Ordinance, Measure L – Repeal of Articles XXVII and XXVIII and Establishing the Park Commission as Advisory, and Measure M – Streamlining Provisions and Making Corrections, Including Merging Required Departments Into a Single Article and Making Clerical Changes.

Measures J, K and L were voted down by the voters, while Measure M was approved. Council will hold a public hearing to review the proposed changes to be incorporated into the Charter pursuant to the passing of Measure M.

DISCUSSION
Upon direction from the City Council, Council Member Goodson and Council Member Thomson worked with City Administrator Ring, Code Enforcement Director Belser, and City Attorney Representative David Ritchie (“Review Team”) to identify outdated language, update incorrect language and recommend changes to other sections of the City Charter.

The Review Team initially met on five separate occasions (August 17, 2023, September 5, 2023, September 11, 2023, November 6, 2023 and November 11, 2023) to thoroughly comb over the various sections of the existing Charter. Proposed changes to the Charter were finalized on February 6, 2024, and these recommendations were brought before the Council on March 5, 2024 and again on April 16, 2024. At that time, the Council directed staff to place the changes on the November 5, 2024 ballot.

The proposed changes were divided up into four separate measures: Measure J – Changing City Treasurer from Elected to Appointed, Measure K – Changing Compensation for Council Members to be Set by Ordinance, Measure L – Repeal of Articles XXVII and XXVIII and Establishing the Park Commission as Advisory, and Measure M – Streamlining Provisions and Making Corrections, Including Merging Required Departments Into a Single Article and Making Clerical Changes. Measures J, K and L were voted down by the voters, while Measure M was 193
Item 15.

approved. Council will hold a public hearing to review the proposed changes to be incorporated into the Charter pursuant to the passing of Measure M.

FISCAL IMPACT
None at this time.

ACTION(S) REQUESTED -

1. PROVIDE STAFF INPUT ON VOTER APPROVED CITY CHARTER CHANGES; AND

2. DIRECT TO STAFF TO RETURN THE CHARTER AT THE OCTOBER 7, 2025 REGULARLY SCHEDULED MEETING FOR ADOPTION.

ATTACHMENTS
City Charter with voter approved changes implemented
City Charter strikethrough version
194
Item 15.

Table of Contents

1. Article I: Name

2. Article II: Boundaries

3. Article III: Powers of the City

4. Article IV: Elections

5. Article V: Initiative, Referendum, and Recall

6. Article VI: Officers and Employees

7. Article VII: The City Council
o Section 1: The City Council
o Section 2: Meetings
o Section 3: Qourum
o Section 4: Ordinances

8. Article VIII: Mayor and Vice Mayor
o Section 1: Mayor
o Section 1A: Vice Mayor
o Section 2: Right of Subpoena

9. Article IX: Departments
o Section 1: Departments
o Section 2: City Administrator/City Clerk
o Section 3: City Attorney
o Section 4: Director of Finance
o Section 5: Chief of Police
o Section 6: Fire Chief
o Section 7: Treasurer
o Section 8: Director of Public Works
o Section 9A: Certified Public Accountant
o Section 9B: City Engineer

10. Article X: Commissions
o Section 1: Planning Commission
195
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o Section 2: Park Commission

11. Article XI–XIX: Reassigned or Repealed Sections
o Article XI–XVIa: Offices now under Article IX
o Article XVII: Repealed – City Court and Judge
o Article XVIII: Chief of Police (Moved to Article IX)
o Article XIX: Chief of Fire Department (Moved to Article IX)

12. Article XX: Health Officer (Repealed)

13. Article XXI: Oath, Bonds, Compensation
o Section 1: Oath of Office
o Section 2: Official Bonds
o Section 3: Administering Oaths
o Section 4: Compensation
o Section 5: Reports of Fees and Commissions

14. Article XXII: Vacancies and Additional Duties
o Section 1: Vacancies
o Section 2: Additional Duties of Officers

15. Article XXIII: Library (Repealed)

16. Article XXIV: Financial Provisions
o Section 1: Fiscal Year
o Section 2: Tax System
o Section 3: Annual Budget
o Section 4: Financial Report

17. Article XXV: Bonded Indebtedness Limit

18. Article XXVI: Special Taxes and Bonds (Repealed)

19. Article XXVII: Advertising the City and Inducing Immigration

20. Article XXVIII: Public Improvements and Contracts
o Section 1: Street and Other Public Improvements
o Section 2: Contract Work
o Section 3: Conflict of Interest
196
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o Section 4: Contracts

21. Article XXIX: Franchises

22. Article XXX: Miscellaneous Provisions
o Section 1: Official Records
o Section 2: General Laws Applicable
o Section 3: Continuing Officers and Employees
o Section 4: Continuing Ordinances
o Section 5: Contracts in Force
o Section 6: Validity Clause
o Section 7: Effective Date

23. Article XXXI: People's Choice Prison Initiative
o Section 1: Title
o Section 2: Findings
o Section 3: Boundaries
o Section 4: Prison Initiative Enacted
o Section 5: Transmittal to State
o Section 6: Severability
o Section 7: Amendment
197
Item 15.

Article I
Section 1: Name
The municipal corporation now existing and known as the "City of Oroville" shall remain and continue a body politic and corporate in fact and in law, by the name of the "City of Oroville" and by such name shall have perpetual succession.

Article II
Section 1: Boundaries
The boundaries of the City of Oroville shall continue as now established, and the territory embraced therein may be added to or diminished in accordance with the laws of the State of California governing the annexation and exclusion of territory by municipalities.

Article III
Section 1: Powers of the City
The City of Oroville may appear, sue and defend in all courts and places in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may, subject to the restrictions contained in this Charter, purchase, receive, hold and enjoy, sell, lease and convey real and personal property; receive bequests, gifts and donations of all kinds of property in fee simple, or in trust for charitable and other purposes; and do all acts necessary to carry out the purposes of such gifts, bequests and donations, with power to manage, sell, or lease or otherwise dispose of the same in accordance with the terms of any gift, bequest or trust; may improve any river or channels flowing through the City or adjoining the same; widen, straighten and deepen the channels thereof, and remove obstructions therefrom; construct and maintain embankments and other works to protect the City from overflow.

All rights and titles to property, all rights and obligations under contracts or trusts, and all causes of action of any kind in any court or tribunal vested in the City of Oroville or in any officer or employee thereof in his or her official capacity, at the time this Charter becomes effective,* as well as all liabilities in contract or tort and causes of action involving the same insofar as they affect the City and/or any officer or employee thereof in his or her official capacity which shall be outstanding at the time this Charter becomes effective, shall continue without abatement or modification by reason of any provision hereof.

All ordinances or resolutions in force at the time this Charter takes effect and not inconsistent therewith shall continue in force until amended or repealed.** All public improvements or other proceedings legally authorized prior to this Charter shall be carried to completion under previously existing laws or under this Charter.*** The powers or duties vested in City officers, boards or commissions by law superseded by this Charter shall be exercised, continued, and carried out by their successors or by other City officers, boards or commissions, consistent with the provisions of this Charter.

All functions of the City, and the powers and duties of officers and employees charged with the performance therefor, as these shall have been apportioned among departments and officers, and institutions, utilities, bureaus or other subdivisions thereof, as existing at the time this Charter shall go into effect, shall continue to be the functions of such departments and offices and the powers and duties of officers and employees assigned thereto, except as in, or under the authority of, this Charter otherwise specifically provided.

The legally authorized officers and employees of each of said departments and officers or 198
Item 15.
subdivisions thereof shall continue as the officers and employees of said departments and offices or subdivisions thereof, subject to the conditions governing their respective appointments to such positions and except as in this Charter otherwise provided; and where part of the functions and duties of any department or office are by this Charter transferred or placed in any other department or office, the persons performing such functions and duties, shall be transferred therewith.

The compensations legally authorized for the several officers and employees shall be continued subject to the other provisions of the Charter.

The City may make and enforce all laws, ordinances and regulations necessary, convenient or incidental to the exercise of all rights and powers in respect to its affairs, officers and employees and shall have all rights and powers appropriated to a City, subject only to the restrictions and limitations provided in this Charter, including the power to acquire and construct plants, works, utilities, areas, high- ways and institutions outside the boundaries of the City, and maintenance and operations of the same, and the exercise of functions or maintenance of services outside the boundaries of the City, including the expenditure of funds therefor through any agency.

The specifications or enumeration in this Charter of particular powers shall not be exclusive.

The exercise of all rights and powers of the City when not prescribed in this Charter shall be as provided by ordinance or resolution of the City Council. • As to effective date of Charter, see Char., art. XXX, § 7. •• See also, Char., art. XXX, § 4 as to ordinances continued in force. ... See also, Char., art. XXX, § 5 as to contracts continuing in force.

Article IV
Section 1: Elections
General elections shall be held in the City of Oroville on the first Tuesday after the first Monday in November of each even-numbered year, under and pursuant to the general laws governing elections, so far as the same may be applicable, and except as herein otherwise provided.

Persons elected in April of 1981, or their successors, shall hold office until November 12, 1984, and persons elected in April of 1983, or their successors, shall hold office until November 10, 1986.

Where there are full City Council terms and short City Council terms to be filled, the persons elected by the highest number of votes shall be elected to the full-term offices. In the event that two or more persons shall be elected by the same number of votes, their term shall be fixed by lot. {1941, p. 3484; 1955, c. 185; amended by vote of the people, April 12, 1983) Article V
Section 1: Initiative, Referendum, and Recall
Ordinances may be initiated, or the referendum exercised on ordinances passed by the City Council, under and in accordance with the constitution and general laws of the state, and any elective officer may be recalled from office under and in pursuance of the provisions of the constitution and general laws; provided, however, that initiative, referendum or recall petitions, must be signed by at least 25% of the number of eligible electors voting at the last general municipal election.
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Article VI
Section 1: Officers and Employees
The officers of the City of Oroville shall be a Mayor, six members of the City Council, a City Clerk/City Administrator, a City Attorney, all City departments heads which include but are not limited to: a City Treasurer, Director of Finance, a City Engineer, a Director of Public Works, a Director of Community Development, a Director of Code Enforcement, a Director of Business Assistance and Housing Development, a Chief of Police, and a Fire Chief,. In addition, Planning Commission and Park Commission; provided, the City Council may by ordinance provide for such subordinate officers, assistants, deputies, clerks and employees as it deems necessary.

The members of the City Council shall be elected from the City and shall hold office for four years and until their successors are elected and qualified.

The City Treasurer shall be elected and shall hold office for four years and until a successor is elected and qualified.

All other officers, assistants, deputies, clerks and employees shall be appointed as provided in this Charter or as the City Council may provide by ordinance in case no provision for their appointment is herein made, and they shall hold their respective offices or positions at the pleasure of the appointing power, except as otherwise herein provided.

Except as otherwise provided in this Charter, where the appointment of any officer, assistant, deputies, clerks or employees that is vested in the City Council, the appointment and removal must be made by a five-sevenths vote of the members.

No increase or reduction shall be made in the compensation paid any appointive officer unless made by a five-sevenths vote of the City Council. (1941, p. 3480; amended by vote of the people, April 12, 1983; amended by vote of the people, November 8, 1988) Article VII
Section 1: The City Council
The legislative body of the City of Oroville shall consist of a Mayor (elected at large) and six persons which body shall be known as the City Council.

The members of the City Council shall be elected by the qualified voters of the City at a general municipal election to be held therein every even-numbered year as hereinbefore provided.

They shall hold office for a period of four years from and after the first Tuesday in January next succeeding the day of their election and until their successors are elected and qualified.

The members of the City Council and the Mayor shall receive as compensation five dollars for each regular meeting attended; provided, however, that the total sum to be received by any one City Councilmember shall not exceed the sum often dollars per month.

The members of the City Council shall not be elected or appointed to any office or employment with the City, except as otherwise provided in this Charter.

In the event of resigning, they shall not be entitled to vote on the selection of their successors.

The City Council shall have the power by ordinance to provide for and appoint such other commissions and officials as may seem in its discretion necessary and proper, such officers shall serve at the discretion of the City Council, and at a salary to be fixed by the City Council.

The City Council shall have the power by ordinance to combine any City offices, which in its discretion seems for the best interests of the City. (Amended by vote of the people, November 8, 200
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1988)
Section 2: Meetings
The City Council shall meet on the first Tuesday in January following the general municipal election and canvass the returns thereof. Should the first Tuesday fall on a holiday, the meeting shall be held the following day.

The new members and all newly elected officers shall then be inducted into office and a Vice Mayor shall be appointed as provided in Article VIII, section 1a.

The City Council shall hold a regular meeting at least once a month at such time as it shall fix by ordinance.

Special meetings may be called at any time by the Mayor or by three City Councilmembers in accordance with the Government Code of the State of California.

All meetings of the City Council shall be held in the City Hall unless an alternative location is appropriately noticed. All meetings shall be open to the public.

The City Council shall adopt rules for conducting its proceedings. (1941, p. 3480; amended by vote of the people, November 8, 1988; amended by vote of the people, November 6, 1990) Section 3: Quorum
A majority of the Council shall constitute a quorum for the transaction of any business.

Section 4: Ordinances
All proposed ordinances introduced in the City Council shall be in printed form.

The enacting clause of all ordinances passed by the City Council shall read as follows: "The City Council of the City of Oroville do ordain as follows:".

The affirmative vote of a majority of the City Council shall be necessary to adopt any ordinance, resolution or claim against the City, which vote shall be taken by ayes and noes and entered upon the record.

No ordinance shall be passed by the City Council on the day of its introduction, nor within five days thereafter, nor at any time other than a regular meeting.

A proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, provided its general scope and original purposes are retained.

All ordinances shall be signed by the Mayor and attested by the City Clerk and shall be published in a manner that meets the requirements of State law (which could include publishing in local newspaper) an adjudicated newspaper of general circulation and circulated in the City of Oroville.

In lieu thereof, the publication of ordinances may be satisfied by either of the following actions:

1. The City Council may publish a summary of a proposed ordinance or proposed amendment to an existing ordinance. Such summary shall be prepared by an official designated by the City Council. A summary shall be published, and a certified copy of the full text of the proposed ordinance or proposed amendment shall be posted in the office of the City Clerk at least five days prior to the City Council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, the City Council shall publish a summary of the ordinance or 201
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amendment with the names of those City Council members voting for arid against the ordinance or amendment and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of such adopted ordinance or amendment along with the names of those City Council members voting for and against the ordinance or amendment; or

2. If the City official designated by the City Council determines that it is not feasible to prepare a fair and adequate summary of the proposed or adopted ordinance or amendment, and if the City Council so orders, a display advertisement of at least one-quarter page in a newspaper of general circulation printed and published in the County of Butte and circulated in the City shall be published at least five days prior to the City Council meeting at which the proposed ordinance or amendment or alteration thereto is to be adopted. Within 15 days after adoption of the ordinance or amendment, a display advertisement of at least one-quarter page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment including information sufficient to enable the public to obtain copies of the complete text of such ordinance or amendment, and the names of those City Council members voting for and against the ordinance or amendment.

Notwithstanding the foregoing, any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing the reasons for its urgency, may be introduced and passed at one and the same meeting, and if passed by a five-sevenths vote shall become effective immediately. (Amended by vote of the people, November 5, 1996)
Article VIII
Section 1: Mayor
The Mayor shall be elected and shall hold office for four years and until his or her successor is elected and qualified.

The Mayor shall be the executive head of the City. In case of riot, insurrection or extraordinary emergency he or she shall assume general control of the City government, and all its branches and be responsible for the suppression of disorders and the restoration of normal conditions.

In the name and on behalf of the City he or she (or their designee) shall sign all contracts, deeds, bonds and other legal instruments to which the City is a party, and he or she shall represent the City at all ceremonial functions of a social or patriotic character when it is desirable and appropriate to have the City represented officially thereat.

He or she shall preside at all meetings of the City Council and shall vote as a member of the City Council and shall receive such compensation as is hereinbefore provided for members of the City Council.

Section 1A: Vice Mayor
There shall be a Vice Mayor who shall be appointed by the City Council to hold office at the pleasure of the City Council. He or she shall be a duly qualified and acting member of the City Council. In the event of the termination of his or her tenure of office as City Councilmember from any cause whatsoever, thereupon his or her tenure of office as Vice Mayor shall forthwith cease and determine. The appointment and removal of the Vice Mayor may be made by a majority vote of the City Council.
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The Vice Mayor shall act as Mayor pro tern- pore in the case of absence, illness, death or other disability of the Mayor and while so acting shall have all of the rights, powers and du- ties of the Mayor.

Section 2: Right of Subpoena
The Mayor or Vice Mayor shall have power to administer oaths. The Mayor, Vice Mayor or City Council, with assistance of City Attorney, may issue a subpoena, to compel the production of the books, papers, documents for the City, and to compel testimony whenever necessary in proceedings before the City Council. (1941, p. 3480.)
Article IX
Section 1: Departments
The City Administrator shall recommend, and the City Council shall by ordinance create, reorganize and abolish departments and divisions thereof as necessary for the effective management of the City’s affairs, in addition to the following which are created by Charter:

Section 2: City Administrator/City Clerk
The City Clerk/City Administrator shall be the clerk of the City Council.

It shall be the duty of the City Clerk/City Administrator, or a deputy designated by him or her, to attend all sessions of the City Council and keep a full and correct record of the proceedings.

The proceedings of the City Council shall be kept in a book. In addition, he or she shall keep a record of all Ordinances.

The proceedings of the City Council shall be kept in a book. In addition, he or she shall keep a record of all Ordinances.

He or she shall conduct promptly, and keep a systematic record of, all correspondence be- tween the City Council and others relating to City business.

He or she shall be the keeper of the corporate seal of the City and shall affix the same to instruments or writings requiring authentication.

He or she shall safely keep all records, documents, ordinances, resolutions, books, and such other papers and matters, as may be regularly delivered into his or her custody or required by law or ordinance to be filed with him or her.

Section 3: City Attorney
There shall be a City Attorney who shall be appointed by the City Council, to hold office at the pleasure of the City Council. He or she shall be an attorney-at-law, admitted to practice before the supreme court of the State of California, and shall have been in actual practice in the state for at least three years next preceding his or her appointment.

All other things being equal, an attorney who has had special training or experience in municipal corporation law shall be appointed to this office if practicable.

The City Attorney shall be legal advisor of the City Council and all other City officials. He or she shall draft all ordinances, resolutions, con- tracts or other legal documents, or proceedings required by the City Council, or other officials, except as may be otherwise provided.

He or she shall prosecute personally on behalf of the people violations of municipal code before the Superior Court and shall perform such other legal services as needed.

He or she shall attend all meetings of the City Council unless excused therefrom by the City Council or Mayor.
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Section 4: Director of Finance
There shall be a Director of Finance who shall be appointed by the City Council. He or she shall receive and keep safely all moneys and securities belonging to the City and coming into the hands and pay out the same only on warrants signed by the proper officials, including the principal and interest due on bonds of the City, including improvement bonds.

Section 5: Chief of Police
There shall be a Chief of Police who shall be appointed by the City Council to hold office at the pleasure of the City Council. He or she shall be the head of the police department of the City, shall make rules and regulations for the management of the department, and shall have all the powers that are now or may hereafter be conferred upon other peace officers by the laws of the state. It shall be the duty of the Chief of Police to preserve the public peace, and to suppress riots, tumults and disturbances. The orders of the Chief of Police shall be promptly executed by the police officers of the City for the maintenance of public order or the protection of life and property.

The Chief of Police shall have authority, and it is hereby made the duty of the Chief of Police to arrest persons violating any law of the state or ordinance of the City.

Persons convicted of violating City ordinances and sentenced to jail may be confined in the county jail of Butte County. The Chief of Police shall have such other powers and duties as may be prescribed by the City Council by ordinance.

Section 6: Fire Chief
There shall be a Fire Chief who shall be appointed by the City Council and hold office at the pleasure of the City Council. He or she shall be head of the fire department of the City and shall have charge of and supervision over all matters relating to the prevention and extinction of fires, and of all measures necessary to guard and protect all property impaired thereby. During the time of a fire, he or she shall have supreme authority over the territory involved therein, and all persons in the immediate vicinity of the fire during such time, including police officers, shall be subject to his or her orders.

The Fire Chief shall make rules and regulations for the government of the department, subject to the approval of the City Council City shall provide fire prevention and protection services.

Section 7: Treasurer
There shall be a City Treasurer who shall be elected every four years at the general election. It shall be his or her duty to collect all taxes assessed by the City assessor otherwise.

He or she shall receive and keep safely all moneys and securities belonging to the City and coming into the hands and pay out the same only on warrants signed by the proper officials, including the principal and interest due on bonds of the City, including improvement bonds.

The Treasurer shall deposit within forty-eight hours of its receipt with a responsible banking institution, in the City, all funds coming into his or her possession, and shall obtain from such banking institution bonds or other collateral as security therefore, as provided by law. (Amended by vote of the people, April 12, 1983)
Section 8: Public Works Director
There shall be a Public Works Director who shall be appointed by the Council, to hold office at the pleasure of the Council. He or she shall perform such duties as may be prescribed now or hereafter, by ordinance or the general law of the State. 204
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Section 9: In addition, the City shall retain the following two functions:

Section 9A: An Expert Accountant to audit annually, in accordance with generally accepted auditing standards, the financial statements and accounts of the City.

Section 9B: A City Engineer who shall hold office at the pleasure of the Council. As City Engineer, he or she shall be the custodian of, and responsible for, ll maps, plan, profiles, field notes and other records and memoranda belonging to the City, pertaining to his or her office and the work thereof, all of which he or she shall keep in proper order and condition with full indices thereof.

He or she shall have been at the time of his or her appointment a licensed and practicing Civil Engineer.

Article X: Commissions
Section 1: Planning Commission
There shall be a board of Planning Commissioners consisting of the Mayor as an ex- officio member without vote except in the case of a tie; and seven citizens to be appointed by the City Council to serve for four years each, without compensation.

The City Planning Commission shall have and exercise all the powers and duties which are now or may hereafter be granted to or imposed upon said department by state law, and such additional powers and duties as may be granted or imposed by ordinance for the regulation and control of the platting and subdivision of lands.

No ordinance shall be adopted by the City Council creating districts or zones for the purpose of regulating the use of lands, the height, bulk, location or use of buildings therein, and no ordinance changing, amending or altering any such ordinance shall be adopted until it shall have first been submitted to the board of City Planning Commissioners for report and recommendation.

It shall be the duty of the Planning Commission within thirty days from the receipt of any such request from the City Council for its recommendation in regard to any such ordinance, to make and file its report thereon with the City Council, and should said board of City Planning Commissioners recommend against the approval of any such ordinance herein mentioned, the City Council may adopt such ordinance only upon majority vote of the whole of said City Council.

Should the board of City Planning Commissioners recommend the approval of any such ordinance or fail to make any recommendation within the time mentioned herein, said City Council may adopt such ordinance by a majority vote of the whole City Council.

All plans for the location of public parks or public playgrounds shall be submitted to the City Planning Commission for report and recommendation. Such report shall be advisory only. The department shall make reports and recommendations to the City Council and to the various departments of the City government on all matters involving the location of such public improvements.

The City Planning Commission shall initiate studies and make reports and recommendations to the City Council and the various departments of the City government on subjects related to the opening and widening of streets and other physical conditions, connected with the development and expansion of the City.
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It shall each year render to the Mayor and City Council a report of its activities during the preceding year, and its proposals for the future. (1961, c. 181; amended by vote of the people, April 12, 1983; amended by vote of the people, November 6, 1990; amended by the vote of the people November 4, 2024.)
Section 2: Park Commission.

There shall be a Park Commission consisting of five members to be appointed by the City Council each to serve for a term of five years, without compensation.

The department of parks shall have the power and duty:

1. To manage and control the parks owned or operated by the City of Oroville.

2. To establish, maintain and operate parks, with structures therein appropriate to park purposes, within or without City limits.

3. To construct and operate, sell, rent, or lease concessions or privileges to be exercised in the parks for the operation of boathouses, refreshment stands, restaurants, amusement places or devices, par- cel checking rooms and lockers and other similar purposes.

4. To establish schedules of charges for special services.

5. To grant to the department of playgrounds and recreation the right to establish, maintain and operate playground and recreation facilities on lands under the control of the department of parks upon such terms and conditions as shall be fixed by the board of park commissioners.

6. To have charge over and care of trees, plants, and lawns in parking along public streets, subject to street improvements authorized by the City.

7. To appoint a superintendent of parks who shall have general supervision of all parks and under direction of the park commission.

Appropriation may be made from the general City funds for park purposes. All money arising from appropriations above referred to or received by the department of parks from fees, sales, gifts or otherwise in connection with the operation of the department shall be placed to the credit of the department of parks in a fund to be known as the park fund.

No money in the park fund shall be used for any purpose other than the financial support of the Department of Parks.

The board of Park Commissioners shall have power to control and order, in the manner in this Charter provided, the expenditure of all money coming into the park fund, or from the sale of bonds authorized by the City for financing the work of the park department, and to appropriate and expend the same for the purposes of the department, in accordance with the provisions of this Charter.

Said board may invest any surplus funds under its control in bonds or other evidences of indebtedness of the United States, the State of California, or of any political subdivision thereof, and the income derived therefrom shall be deposited in the City treasury to the credit of the park fund.

No real property shall be acquired by the City for park sites unless such sites are first ap- proved by the board of park commissioners.

Said board shall have full control over all park sites and no such sites shall be devoted to any other purpose in whole or in part without permission from said board.

Whenever funds are donated by any person or persons for the acquisition or construction of any building, structure, work or improvement in a public park, and the donor or donors thereof shall, 206
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at the time of such donation, request the appointment of a special commission to take charge of the expenditure of such funds and to supervise the construction of such improvement, the City Council may, in its discretion, if said proposed improvement will increase the value of such park for park purposes, provide by ordinance for the appointment by the Mayor, subject to the conformation by a majority of the City Council, of a special commission to take charge of the supervision of the construction of such improvement and the expenditure of funds donated therefor.

In the event funds are donated in the manner provided for in this section for the maintenance of any such improvement at the time of construction thereof or otherwise, the City Council may, by ordinance, create a commission to be appointed under the provisions of this section, which shall have such powers and duties as to such construction or maintenance as may be conferred upon it by such ordinance.

All lands belonging to the City which may hereafter be set apart or dedicated for the use of the public as a public park, shall forever remain to the use of the public inviolate.

Article XI
Section 1: City Attorney
(Amended to be included in Article IX by vote of the people, November 4, 2024.) Section 2: City Clerk
(Amended to be included in Article IX by vote of the people, November 4, 2024.) Article XIII
Article XIII, of the Charter of the City of Oroville, relating to City Assessor and Board of Appraisers, is repealed. (Re- pealed by vote of the people, April 12, 1983) Article XIV
Section 1: Expert Accountant
(Repealed by vote of the people, November 4, 2024.)
Article XV
Section 1: City Treasurer
(Amended to be included in Article IX by vote of the people, November 4, 2024.) Article XVI
Section 1: City Engineer
(Amended and included in Article IX by vote of the people, November 4, 2024.) Article XVIa
Section 1: Superintendent of Streets
(Amended and included in Article IX by vote of the people, November 4, 2024.) Article XVII*
Article XVII, of the Charter of the City of Oroville, relating to City court and City judge, is repealed. (Repealed by vote of the people, November 8, 1988)
Article XVIII
Section 1: Chief of Police
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(Amended to be included in Article IX by vote of the people, November 4, 2024.) Article XIX
Section 1: Chief of Fire Department
(Amended to be included in Article IX by vote of the people, November 4, 2024.) Article XX
Section 1: Health Officer
(Repealed by vote of the people, November 4, 2024.)
Article XXI
Section 1: Oath of Office
Every officer shall take and subscribe to the constitutional oath of office before entering upon the performance of his or her official duties.

Section 2: Official Bonds
Officers managing City funds may be required to furnish a corporate surety bond in an amount to be determined by the Council, which surety bond shall be conditioned on the faithful performance of the duties imposed on that respective officer as herein prescribed. Any premium for such bond shall be a proper charge against the City. (Amended by the vote of the people on November 4, 2024.)
Section 3: Administering Oaths.

Every elective officer and every chief appointive official, including all members of boards and commissions provided for in this Charter, or by ordinance, shall have the power to ad- minister oaths or affirmations, in connection with any matter appertaining to the business of the City.

Section 4: Compensation.

The City Council shall by resolution fix the compensation of all officers, also the compensation of all deputies, assistants and employees of such officers. (Amended by vote of the people, November 8, 1988)
Section 5: Reports of Fees and Commissions
Article XXI Section 5, of the Charter of the City of Oroville, relating to reports of fees and commissions, is repealed. (Repealed by vote of the people, November 8, 1988) Article XXII
Section 1: Vacancies
A. Any vacancy occurring in any office for Council appointed staff, from whatever cause arising shall be filled by appointment by the City Council; and, in the case of a vacancy in the office of Mayor, Vice Mayor, or City Councilmember such appointment may be made by a majority vote of the City Council; provided, further, that if such vacancy exists in any elective office the vacancy shall be filled in accordance to the California Government Code Section 36512(b), as may be amended from time to time. Candidates for office for such un-expired term shall qualify in the manner provided in article IV, section No. 1 of this Charter.

B. In the event a vacancy occurs in any elective office within twenty days before the next 208
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succeeding general municipal election then such vacancy may be filled by temporary appointment by majority vote of the City Council for the interim until the induction to office of City Councilmember elected thereat, at which time such vacancy shall be filled by the new City Council as hereinabove provided.

C. In the event that a vacancy exists in any elective or appointive office and the City Council fails to agree or for any reason does not fill such vacancy within sixty days after the same occurs, a Special Meeting shall be called, and the vacancy shall be filled by simple majority vote at that meeting. The appointment may be an interim appointment. Should a simple majority not be reached, staff shall be directed to do one final recruitment. At the completion of that recruitment, the Council shall consider all candidates. Should the Council still be unable to reach the simple majority, the Mayor shall appoint from that list of candidates.

D. In the event that the seats of a majority of the City Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms, and such election shall be conducted substantially in the manner provided by law for holding general municipal elections.

E. Except as herein otherwise provided, if any member of the City Council of the City shall move outside the boundaries of their jurisdiction or fail to attend three consecutive regular City Council meetings without the permission of the City Council, or shall resign, or be convicted of a felony, or be adjudged insane, or dies, his or her office shall thereupon become vacant.

F. Notwithstanding any provision in this Charter contained, whenever any person has been elected or appointed to office and for any reason fails or neglects to file the official oath or bond, if required, or for any reason fails to qualify within thirty days after the commencement of the term of office, the City Council may declare the office vacant and proceed to fill the vacancy as hereinabove provided. (1941, p. 3480; amended by vote of the people, November 8, 1988; amended by vote of the people, November 6, 1990) Section 2: Additional Duties of Officers
In addition to duties herein specified, all officers and boards shall perform such other appropriate duties appertaining to their office as may be prescribed by ordinance or by the general laws.

Article XXIII
Section 1: Library
**Section 1 This was repealed by the vote of the people, November 4, 2024.

Article XXIV
**Sections. 5 to 14. Repealed by vote of the people, April 12, 1983.

Section 1: Fiscal year.

The fiscal year of the City shall begin on the first day of July of each year, and end on the thirtieth day of June of the following year. (Amended by vote of the people, April 12, 1983) Section 2: Tax system.

The City Council shall provide a system for the assessment, levy, and collection of City taxes upon real and personal property. By mutual agreement, the County of Butte shall perform those municipal functions which relate to the assessment of property for purposes of taxation, the 209
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equalization and collection of taxes levied for municipal purposes, the collection of assessments, and the sale of property for non-payment of taxes or assessments.

It shall be the duty of the Director of Finance, within the time prescribed by law, to compute the tax rates required to service outstanding municipal debt and submit same to the City Council.

Should the City Council fail to fix the tax rates within the time prescribed, then the tax rates of the previous year shall constitute the rates for the current year. (Amended by vote of the people, April 12, 1983)
Section 3: Annual budget
In the month of June of each year, the City administrator shall present to the City Council a proposed budget for the ensuing fiscal year. Such budget shall constitute the Preliminary Budget of the City of Oroville, and a copy of same shall be on file in the office of the City Clerk. Not less than five days after the preliminary budget is filed, the City Clerk shall fix a time for a budget public hearing.

Final adoption of the budget shall be not later than the second regular City Council meeting in June. Tax rates for purposes of the service of out- standing municipal debt shall be fixed not earlier than the first meeting in July, nor later than the last day of August. (Amended by vote of the people, April 12, 1983; and November 4, 2024)
Section 4: Annual financial report
It shall be the duty of the Director of Finance to prepare annually a consolidated financial report of the City, including such statements and schedules as may be necessary to adequately describe the financial condition of the City, and the results of its operations for the fiscal year. Insofar as practical, these statements shall be prepared in accordance with generally accepted accounting principles as applied to municipal corporations, and shall be subject to audit, as described in Article XIV above. (Amended by vote of the people, April 12, 1983) Sections 5-14
* Repealed by vote of the people, April 12, 1983.

Article XXV
Section 1: Limit of Bond Indebtedness
The bonded debt of the City shall comply with state law. (Amended by the vote of the people November 5, 2024)
Article XXVI*
* Article XXVI of the Charter of the City of Oroville relating to "Special Taxes and Bonds" is repealed. (Repealed by vote of the people, April 12, 1983.) Article XXVII
Section 1: Advertising the City; Inducing Immigration
The City Council may appropriate and spend money from the funds of the City for any or all of the following purposes: Exhibitions, celebrations, fairs, entertainment of public guests, inducing immigration, and generally for the purpose of advertising the City.

A. Provided, however, that any amount so appropriated and spent is equaled by the public body soliciting such funds from the City Council, and that such appropriation made by the City Council 210
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does not constitute more than 50% of such expenditure con- templated.

B. Provided further, that the total appropriated for such expenditure shall not exceed 4 cents on the $100.00 of assessed valuation in any one year.

Article XXVIII
Section 1: Street and Other Public Improvements
A. The improvement, widening, extending, opening and closing of streets, or rights of way owned by the City, or in which the City has an easement, whether within or without the limits thereof, and the planting of trees thereon, and the making of other improvements authorized by laws of the state, may be done, and assessments therefor may be levied in conformity with, and under the authority conferred by the general laws of the state now in effect, or which may hereafter be enacted.

B. Provided, that no such improvement shall be undertaken or enforced when the cost of such improvement exceeds the assessed valuation of any parcel of real property in front of which the improvement is to be made, as such assessed valuation appears on the assessment roll of the City for the previous year.

Where such improvement happens by reason of special conditions to exceed the assessed value of any one parcel of real property in the area to be improved, the City Council may declare that it is in the public interest that such amount over said assessed valuation shall be paid from the general fund of the City.

If it appears that the assessed valuation of any one parcel of real property will prevent the formation of an improvement district, any citizen may call for a review of the assessed valuation of the real property in the proposed district, where- upon the board of appraisers shall reap- praise and determine what valuation is right and proper.

Provided also, that the petitions for the improvement shall bear the signatures of the owners of 51% of the street frontage of property within the proposed district, before the City Council can order the work to proceed.

C. Provided, however, that the City Council may by ordinance adopt a procedure for the opening, extending, widening, closing and improvement of streets, alleys, rights of way or other public places, the laying of pipe and conduits, and the removal from buildings, lots and grounds, and the sidewalks opposite thereto, of dirt, rubbish, weeds, and other rank growth and materials, which may injure or endanger neighboring property, or the health or welfare of the inhabitants of the City, and for making and enforcing assessments against the property benefited, or affected thereby, or from which removal is made, for the cost of such improvements or removal, and may make such assessments a lien on such property superior to all other claims or liens thereon, except state, county and City taxes.

D. Provided, that no such ordinance shall prevent the City Council from proceeding under any of the general laws of the state now in effect or which may hereafter be enacted, subject, however, in all cases to the provisions of subsection B of this article; provided, however, that where the work or improvement undertaken under such ordinance or general law is necessary for the promotion or maintenance of public health or safety and the City Council by resolution so finds, the City Council may proceed subject to such ordinance or general law and the provisions of subsection B shall not apply thereto. (1941, p. 3480) Section 2: Contract Work
211
Item 15.

In the erection, improvement and repair of all public buildings and works, in all street and sewer work or in or about embankments or other works for protection against overflow, and in furnishing any supplies or materials for the same, the Local Agency Public Construction Act of the State of California Public Contract Code as the same now exists or may hereafter be amended shall apply. (1955, c. 185; amended by vote of the people, November 8, 1988) Section 3: Interest in Contracts, Etc., Prohibited
No officer or employee of the City shall be or become directly or indirectly interested in, or in the performance of, any contract, or work or business, or in the sale or purchase of any article, the expense, price, or consideration of which is payable from the City funds, or in the purchase or lease of any real estate or other property belonging to or taken by the City, except in his or her official capacity, on behalf of the City.

If any person in this section designated, other than in such official capacity, shall, during the time for which he or she was elected or ap- pointed, acquire an interest in any contract with or work done for the City or any department, branch or office thereof, or in any franchise, right, or privilege granted by the City, unless the same shall be devolved upon him or her by law, he or she shall forfeit his or her office and be forever barred and disqualified from being elected, appointed or employed in the service of the City, and all such contracts shall be voidable at the option of the City Council.

The ownership of less than five percent of the capital stock or shares of a corporation or association with which a contract may be made shall not be considered as constituting an interest in the contract within the meaning of this section.

Section 4: Contracts
The City Council shall advertise annually for sealed proposals or bids for printing and furnishing all letterheads, stationery, tax bills, account books and other printed matter likely to be required during the fiscal year.

Contracts for advertising or printing, as the case may be, shall be awarded to the lowest responsible bidder, provided no contract for advertising shall be awarded to any newspaper except a newspaper of general circulation, as that term is defined by Chapter 1 of Division 7 of Title 1 of the Government Code.

Any City officer may purchase and bind the City to pay for any item included in his or her budget not exceeding $100.00 in any one complete purchase.

By order duly adopted by a vote of five members, the City Council may authorize any official to bind the City without advertising, in an amount not to exceed $2,000.00.

All purchases shall be made and contracts for work shall be awarded in accordance with the Local Agency Public Construction Act of the State of California Public Contracts Code as the same now exists or may hereafter by amended. (1955, c. 185; amended by vote of the people, November 8, 1988)
Article XXIX
Section 1: Franchises
Every franchise or privilege to construct, maintain or operate any railroad, or other means of transportation in or over any street or highway, or to lay pipes or conduits, or erect poles or wires or other structures in or across any street or highway for the transmission of gas, electricity, or 212
Item 15.
other commodity, or for the use of public property or places now or hereafter belonging to the City, shall be granted under and in pursuance of the provision of the general laws of the state relating to the granting of franchises; provided no new franchise or the renewal of an existing franchise shall be granted except upon condition that at least two percent of the gross annual receipts derived from the use of such franchise shall be paid to the City. In all cases the applicant for a franchise shall advance the cost of advertising the same.

Every such franchise shall require the grantee thereof to agree to a joint use of its property to others, wherever practicable, and nothing herein shall be construed as prohibiting the City Council from requiring other conditions not in- consistent with the constitution or general laws.

No franchise or privilege so granted shall be sold, leased, assigned or otherwise alienated without the express consent of the City Council given by ordinance and subject to the referendum.

Within six months after this Charter takes effect, every public utility and every owner of a public utility franchise, shall file with the City Clerk, certified copies of all the franchises owned or claimed, or under which any such utility is operated.

The City shall compile and maintain a public record of all public utility franchises and of all public utility fixtures in the streets of the City of Oroville.

Article XXX: Miscellaneous
Section 1: Official Records
All books and records of every office and department shall be open to the inspection of any citizen during business hours, subject to proper rules and regulations for the efficient conduct of business of such department or office; provided, the records of the police department shall not be subject to such inspection except by permission of the proper police authorities.

Copies or extracts, duly certified, from said books and records open for inspection, shall be given by the officer having the same in custody to any person demanding the same and paying or tendering the fee for such copies or extracts, and an additional fee for certifying. The City Council, by resolution duly adopted, shall set the fee to be charged for copies or extracts and for certifying.

All officers and boards shall deliver to their successors all papers, books, documents, re- cords, archives, and other properties pertaining to their respective offices or departments, in their possession or under their control. (Amended by vote of the people, April 12, 1983) Section 2: General Laws Applicable
All general laws of the state applicable to municipal corporations now or hereafter enacted, and which are not in conflict with the provisions of this Charter, or with ordinances here- after enacted, shall be applicable to the City of Oroville.

The City Council may adopt and enforce ordinances which in relation to municipal affairs, shall control as against the general laws of the state.

Provided, that where a procedure for the exercising of any rights or powers belonging to a City, is provided by statute of the State of California, such procedure shall control and be followed unless a different procedure is pro- vided in, or by ordinance enacted under authority of this Charter. (1955, c. 185; amended by vote of the people, April 12, 1983) 213
Item 15.

Section 3: Continuing Officers and Employees
All officers, assistants, and employees in office when this Charter takes effect, shall continue to hold and exercise their respective offices or employment, under and subject to the terms and provisions of this Charter until the election or appointment and qualification of their successors in the manner prescribed in this Charter.

Section 4: Continuing ordinances in force
All lawful ordinances, resolutions, and regulations in force at the time this Charter shall take effect,* and not inconsistent with its provisions, are hereby continued in force until the same shall have been duly amended, repealed or superseded.
* See note to section 7 of this article.

Section 5: Continuing Contract in Force
All vested rights of the City shall continue and shall not in any manner be affected by the adoption of this Charter, nor shall any right, liability, pending suit or prosecution, either on behalf of or against the City, be affected by the adoption of this Charter. All contracts entered into by the City prior to the taking effect of this Charter shall continue in full force and effect. All public work begun prior to the taking effect of this Charter shall be continued and perfected hereunder.

Section 6: Validity
If any article, section, or part of a section of this Charter is held legally invalid, it shall not be held to invalidate or impair the validity of any other section or part of section, unless it clearly appears that such other section or part of a section is dependent for its operation upon the section or part of a section so held invalid.

Section 7: When Charter Effective
This Charter shall go into effect upon its approval by the legislature, except for the purpose of electing the officers provided for herein; for which purpose it shall go into effect on the expiration of the terms of the present elected officials.
* Editor's note: The Charter was approved by the state legislature and filed with the secretary of state on January 27, 1933.

Article XXXI
Initiative Measure to Be Submitted Directly to the Voters* • Editor's note: This article was added in 2000.

Section 1: Title
This measure shall be known as the People's Choice Prison Initiative (People's Initiative).

Section 2: Findings
In order to maintain the quality of life as sought by the residents of the City of Oroville, it is hereby accepted as a right and an obligation:

1. To preserve the current level of health and safety services and other welfare issues as they relate to the residents of the City of Oroville;
214
Item 15.

2. To maintain the right to an orderly and evenly distributed rate of growth, keeping within the ability of the City to accommodate growth without straining available resources, be they provided by man or be they natural;

3. To be able to preserve the quality of public services, health services, social workers, sewage treatment plants and landfill adequacy, which are often threatened by excessive and rapid population growth impacts.

In keeping within the process prescribed in the California Election Code, the voters of the City of Oroville hereby exercise their right to the Initiative process whereby a constituency may obtain the will of the voters to decide on important issues which impact them directly.

Therefore, the people of the City of Oroville do ordain as follows:

Section 3: City of Oroville’s Boundaries, Etc.

That the entire City of Oroville, and all the territory included within the City boundaries are hereby zoned prison-free by the enactment of this, the People's Initiative.

Section 4: Prison Initiative Enacted
Should this initiative be enacted, any consideration of prison or any facility that has a function of incarcerating or housing prisoners shall be put forth on the ballot for approval by the voters disclosing to them the following:

A. The proposed location of the prison;
B. The type of prison (e.g. maximum security, minimum security, etc.); C. The size of prison;
D. How the various factors impacting the public shall be mitigated; E. A commitment from the state, federal or any other agency that they will pay for the increased cost of direct and indirect ser- vices that result from the prison and that any cost incurred by the enforcement of this Section (4), Subparagraph (e) shall be borne by them; F. Any and all potential changes to the dis- closed information.

Section 5: Transmittal to State
Upon adoption of this initiative, the City Council shall immediately transmit a copy of the initiative to the Governor of the State of California, the California Department of Corrections, and all other appropriate state agencies.

Section 6: Severability
If any subsection, part, subpart, paragraph, subparagraph, clause or phrase of this initiative or any amendments or revision of this initiative is for any reason held to be invalid, the remaining portions will not be affected but will remain in full force and in effect.

Section 7: Amendment
No part of this initiative shall be amended or repealed except by passage of a ballot measure approved by a majority of voting.
215
Item 15.

THE CHARTER* Article XII.
§ 1. Name. Article I. § 1. City clerk.

Article II . §§ 1' 2 · RepealeAdr.ticle XIII.
§ 1. Boundaries. Article XIV.
§ 1. Expert accountant.

Article Ill.
§ 1. Powers of the city.

Article IV.
§ 1. Elections.

Article V.
§ 1. Initiative, referendum and recall.

Article VI.
§ 1. Officers and employees.

Article VII.
§ 1. The council.
§ 2. Meetings.
§ 3. Quorum.
§ 4. Ordinances.

Article VIII.
§ 1. Mayor.
§ 1a. Vice mayor.
§ 2. Right of subpoena.

Article IX.
§ 1. Planning
commission.Departments and
Commissions
§ 1. Departments
§ 2. City Administrator/City Clerk
§ 3. City Attorney
§ 4. Director of Finance
§ 5. Chief of Police
§ 6. Fire Chief
§7. Other City Functions
§7a. Expert Accountant
§ 7b. City Engineer
Article X.
§ 1. Park commission.Planning
Commission
§ 2. Park Commission
Formatted: Indent: Left: 0.13", Space Before: 4.55
pt, Tab stops: 4.53", Left
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0.1 pt
216
Item 15.

Article XV.
§ 1. City treasurer.

Article XVI.
§ 1. City engineer.

Article XVla.
§ 1. Superintendent of
streets.

Article XVII.
§ 1. Repealed.

Article XVIII.
§ 1. Chief of police.

Article XIX.
§ 1. Chief of fire department.

Article XX.
§ 1. Health officer.

Article XIXI.
§ 1. Oath of office.
§ 2. Official bonds.
§ 3. Administering oaths.
§ 4. Compensation.
§ 5. Repealed.
§ 1. City attorney.

Article XI.
§ 1. Vacancies.

Article XIIXII.
§ 2. Additional duties of officers.

C-1
Commented [BR1]: Merge Articles IX through XX
into one section.
217
Item 15.

CHARTER
§ 1. Library.
§ 1. Fiscal year.

Article XXIII.

Article
XIIIXIV.

Article XVIIXXI. Initiative Measure to Be
Submitted Directly to the Voters
§ 1. Title.
§ 2. Findings.
§ 3. City of Oroville's boundaries, etc.
§ 2. Tax system.
§ 3. Annual budget.
§ 4. Annual financial report.
§§ 5-14. Repealed.

Article
XIVXV.
§ 1. Limit of bond indebtedness.

Article XXVI.
§ 1. Repealed.

Article XXVII.
§ 1. Advertising the city; inducing immigration.
§ 4. Prison Initiative enacted.
§ 5. Transmittal to State.
§ 6. Severability.
§ 7. Amendment.
* Editor's note. The Charter consists of Statutes 1933, p. 2904, as amended. It was adopted pursuant to section 8 of article XI of the state constitution, ratified by the qualified electors at a special municipal election held on October 22, 1931,
approved and adopted by the state legislature and filed with the secretary of state on January 27, 1933. Amendments are indicated by the historical citations follow- ing the amended sections in parentheses. Unless so indi- cated, the Charter derives unchanged from the original ad. A frontal analysis consisting of a numerical listing of the catchlines has been added and a uniform system of capi- talization has been employed.

Article XXVIII.
§ 1. Street and other public improvements.
§ 2. Contract work. Sec. 1.

Article I.

Name.
§ 3. Interest in contracts, etc., prohibited.
§ 4. Contracts.

Article XVXIX.
§ 1. Franchises.

Article XVIXX. Miscellaneous.
§ 1. Official records.
§ 2. General laws applicable.
§ 3. Continuing officers and employees.
§ 4. Continuing ordinances in force.
§ 5. Continuing contracts in force.
§ 6. Validity.
§ 7. When Charter effective.

The municipal corporation now existing and
known as the "City of Oroville" shall remain and
continue a body politic and corporate in fact
and in law, by the name of the "City of Oroville"
and by such name shall have perpet- ual
succession.

Article II.

Sec. 1. Boundaries.

The boundaries of the City of Oroville shall
continue as now established, and the territory
embraced therein may be added to or diminished in accordance with the laws of the State of California governing the annexation and exclusion of territory by municipalities.

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CHARTER
Article Ill.

Sec. 1. Powers of the city.

The City of Oroville may appear, sue and defend in all courts and places in all matters and proceedings; may have and use a common
seal and alter the same at pleasure; may, subject to the restrictions contained in this Charter, purchase, receive, hold and enjoy, sell, lease and convey real and personal property;
receive bequests, gifts and donations of all
kinds of property in fee simple, or in trust for
charitable and other purposes; and do all acts
necessary to carry out the purposes of such
gifts, bequests and donations, with power to
manage, sell, or lease or otherwise dispose of
the same in accordance with the terms of any
gift, bequest or trust; may improve any river or
channels flowing through the city or adjoining
the same; widen, straighten and deepen the
channels thereof, and remove obstructions
therefrom; construct and maintain embankments and other works to protect the city from overflow.

All rights and titles to property, all rights and
obligations under contracts or trusts, and all
causes of action of any kind in any court or
tribunal vested in the City of Oroville or in any
officer or employee thereof in his or her official
capacity, at the time this Charter becomes effective,* as well as all liabilities in contract or tort and causes of action involving the same
insofar as they affect the city and/or any officer
or employee thereof in his or her official capacity which shall be outstanding at the time this Charter becomes effective, shall continue
without abatement or modification by reason of
any provision hereof.

All ordinances or resolutions in force at the
time this Charter takes effect and not inconsistent therewith shall continue in force until amended or repealed.**
All public improvements or other proceedings
legally authorized prior to this Charter shall be
carried to completion under previously existing
laws or under this Charter.***
The powers or duties vested in city officers,
boards or commissions by law superseded by
this Charter shall be exercised, continued and
carried out by their successors or by other city
officers, boards or commissions, consistent
with the provisions of this Charter.

All functions of the city, and the powers and
duties of officers and employees charged with
the performance therefor, as these shall have
been apportioned among departments and
officers, and institutions, utilities, bureaus or
other subdivisions thereof, as existing at the
time this Charter shall go into effect, shall continue to be the functions of such departments and offices and the powers and duties of officers and employees assigned thereto, except as in, or under the authority of, this Charter
otherwise specifically provided.

The legally authorized officers and employees
of each of said departments and officers or
subdivisions thereof shall continue as the officers and employees of said departments and offices or subdivisions thereof, subject to the
conditions governing their respective appointments to such positions and except as in this Charter otherwise provided; and where part of
the functions and duties of any department or
office are by this Charter transferred or placed
in any other department or office, the persons
performing such functions and duties, shall be
transferred therewith.

The compensations legally authorized for the
several officers and employees shall be continued subject to the other provisions of the Charter.

The city may make and enforce all laws, ordinances and regulations necessary, convenient or incidental to the exercise of all rights and
powers in respect to its affairs, officers and
employees and shall have all rights and powers appropriated to a city, subject only to the C-3
219
Item 15.

CHARTER
restrictions and limitations provided in this
Charter, including the power to acquire and
construct plants, works, utilities, areas, highways and institutions outside the boundaries Sec.1.

Article V.

Initiative, referendum and
recall.
of the city, and maintenance and operations of
the same, and the exercise of functions or
maintenance of services outside the boundaries of the city, including the expenditure of funds therefor through any agency.

The specifications or enumeration in this Charter of particular powers shall not be exclusive.

The exercise of all rights and powers of the city
when not prescribed in this Charter shall be as
provided by ordinance or resolution of the city
council.
• As to effective date of Charter, see Char., art. XXX, § 7. •• See also, Char., art. XXX, § 4 as to ordinances continued in force.
... See also, Char., art. XXX, § 5 as to contracts continuing in force.

Article IV.

Sec. 1. Elections.

General elections shall be held in the City of
Oroville on the first Tuesday after the first
Monday in November of each even-numbered
year, under and pursuant to the general laws
governing elections, so far as the same may be
applicable, and except as herein otherwise
provided. Persons elected in April of 1981, or
their successors, shall hold office until November 12, 1984, and persons elected in April of 1983, or their successors, shall hold office
until November 10, 1986.

Where there are full council terms and short
council terms to be filled, the persons elected
by the highest number of votes shall be elected
to the full term offices. In the event that two or
more persons shall be elected by the same
number of votes, their term shall be fixed by lot.
{1941, p. 3484; 1955, c. 185; amended by vote
of the people, April 12, 1983)W
Ordinances may be initiated, or the referendum exercised on ordinances passed by the council, under and in accordance with the
constitution and general laws of the state, and
any elective officer may be recalled from office
under and in pursuance of the provisions of the
constitution and general laws; provided,
however, that initiative, referendum or recall
petitions, must be signed by at least 25% of the
number of eligible electors voting at the last
gen- eral municipal election.

Article VI.

Sec. 1. Officers and employees.

The officers of the City of Oroville shall be a
mayor, six members of the council, a Ccity
Cclerk/Ccity Aadministrator, a Ccity Aattorney,
all City departments heads which include but
are not limited to: a city treasurerDirector of
Finance, a Ccity Eengineer, a street
superintendentDirector of Public Works, a
Director of Community Development, a
Director of Code Enforcement, a Director of
Business DevelopmentAssistance and
Housing Development, a Cchief of Ppolice, and
a fFire Cchief, a health officer, . In addition, a
Pplanning commission, Ccommission and a
Ppark Ccommission members. , playground
and recrea- tion commission, and a board of
five library trustees; provided, the council may
by ordi- nance provide for such subordinate
officers, assistants, deputies, clerks and
employees as it deems necessary.

The members of the council shall be elected
from the city at large and shall hold office for
four years and until their successors are
elected and qualified.

The city clerk and one or more deputy city
clerks shall be appointed and hold office at the
pleasure of the city council.
aThe city treasurer shall be elected and shall
hold office for four years and until a successor
is elected and qualified.

All other officers, assistants, deputies, clerks
and employees shall be appointed as provided
Commented [BR2]: We did discuss suggesting
term limits - however - we also discussed how that
could be challenging now that we have districts in
place. We can revisit this topic (term limits), if
desired.

Commented [BR3]: Added to account for districts.

Commented [BR4]: Conflicts with later section of
Charter.
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Item 15.

CHARTER
in this Charter or as the council may provide
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Item 15.

CHARTER
by ordinance in case no provision for their appointment is herein made, and they shall hold their respective offices or positions at the
pleasure of the appointing power, except as
otherwise herein provided.

Except as otherwise provided in this Charter,
where the appointment of any officer, assistant, deputies, clerks or employees that is vested in the council, the appointment and
removal must be made by a five-sevenths vote
of the members. Where such appointment is
vested in any other bBody the appointment
and re- moval must be made by a four-fifths
vote of the members of such body.

No increase or reduction shall be made in the
compensation paid any appointive officer
unless made by a five-sevenths vote of the
council or a four-fifths vote of such other body.
(1941, p. 3480; amended by vote of the people, April 12, 1983; amended by vote of the people, November 8, 1988)
Article VII.

Sec. 1. The council.

The legislative body of the City of Oroville shall
consist of a mayor (elected at large) and six
persons elected at large which body shall be
known as the council.

The members of the council shall be elected
by the qualified voters of the city at a general
municipal election to be held therein every
even-numbered year as hereinbefore provided.

They shall hold office for a period of four years
from and after the first Tuesday in January next
succeeding the day of their election and until
their successors are elected and quali- fied;
provided., the respective terms of the first
council elected under this Charter shall be as
follows, the three persons elected by the highest number of votes shall hold office for four years, the three persons elected by the next
highest number of votes shall hold office for two
years. In the event that two or more per- sons
shall be elected by the same number of votes,
their term shall be fixed by lot.

The members of the council and the mayor shall
receive as compensation as set by ordinance.
five dollars for each regular meeting attended;
provided, however, that the total sum to be
received by any one councilmember shall not
exceed the sum often dollars per month.

The members of the council shall not be
elected or appointed to any office or employment with the city, except as otherwise provided in this Charter.

In the event of resigning they shall not be entitled to vote on the selection of their successors.

The council shall have the power by ordinance
to provide for and appoint such other commissions and officials as may seem in its discretion necessary and proper, such officers shall serve at the discretion of the council, and at a
salary to be fixed by the council.

The council shall have the power by ordinance
to combine any city offices, which in its discretion seems for the best interests of the city. (Amended by vote of the people, November 8,
1988)
Sec. 2. Meetings.

The council shall meet at 8:00 p.m. on the first
Tuesday in January following the general municipal election and canvass the returns thereof. Should the first Tuesday fall on a holiday, the meeting shall be held the following day.

The new members and all newly elected officers shall then be inducted into office and a vice mayor shall be appointed as provided in
Article VIII, section 1a.

C-5
Commented [BR5]: Could not think of situation
where this was applicable.

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Item 15.

CHARTER
The council shall hold a regular meeting at
least once a month at such time as it shall fix
by ordinance.

Special meetings may be called at any time by
the mayor or by three councilmembers in accordance with the Government Code of the State of California.with the provisions of
Section 54056 of the Government Code of the
State of Cali- fornia as the same may be from
time to time amended.

All meetings of the council shall be held in the
City Hall unless the an alternative location is
appropriately noticed. council by ordinance
pro- vides for another meeting place, and aAll
meet- ings shall be open to the public;.
provided, however, that whenever necessary
or conven- ient to hold any meeting at some
other place within the City of Oroville, the clerk
may, upon written instruction by the mayor and
after no- tice to the members of the council,
designate another meeting place by posting
written no- tice thereof at the regular place of
meeting at least one hour prior to the time
thereof. Such notice shall designate the place
where and the time when such meeting is to be
held, and a copy of such notice and the clerk's
certificate of the posting thereof together with
the mayor's instructions as aforesaid shall be
read into and filed with the minutes of such
meet- ing.

The council shall adopt rules for conducting its
proceedings. (1941, p. 3480; amended by vote
of the people, November 8, 1988; amended by
vote of the people, November 6, 1990)
Sec. 3. Quorum.

A majority of the council shall constitute a quorum for the transaction of any business, except as herein otherwise provided, but a less number may adjourn from time to time and
compel the attendance of absent members in
such manner and under such penalties as may
be prescribed by ordinance..

Sec. 4. Ordinances.

All proposed ordinances introduced in the
council shall be in printed or typewritten form.

The enacting clause of all ordinances passed
by the council shall read as follows: "The
council of the City of Oroville do ordain as follows:".

The affirmative vote of a majority of the council
shall be necessary to adopt any ordinance,
resolution or claim against the city, which vote
shall be taken by ayes and noes and entered
upon the record.

No ordinance shall be passed by the council on
the day of its introduction, nor within five days
thereafter, nor at any time other than a regular
meeting.

A proposed ordinance may be amended or
modified between the time of its introduction
and the time of its final passage, provided its
general scope and original purposes are retained.

All ordinances shall be signed by the mayor
and attested by the city clerk, and shall be
published in a manner that meets the
requirements of State law (which could include
publishing in local newspaper).an adjudicated
newspaper of general circulation and
circulated in the City of Oroville.

In lieu thereof, the publication of ordinances
may be satisfied by either of the following actions:

1. The city council may publish a summary
of a proposed ordinance or proposed
amendment to an existing ordinance.

Such summary shall be prepared by an
official designated by the city council. A
summary shall be published and a certified copy of the full text of the proposed ordinance or proposed amendment shall
be posted in the office of the city clerk at
least five days prior to the city council
meeting at which the proposed ordinance
or amendment or alteration thereto is to
be adopted. Within 15 days after adoption
of the ordinance or amendment, the city
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Item 15.

CHARTER
council shall publish a summary of the
ordinance or amendment with the names
of those city council members voting for
arid against the ordinance or amendment
and the city clerk shall post in the office of
the city clerk a certified copy of the full text
of such adopted ordinance or amendment
along with the names of those city council
members voting for and against the
ordinance or amendment; or

2. If the city official designated by the city
council determines that it is not feasible to
prepare a fair and adequate summary of
the proposed or adopted ordinance or
amendment, and if the city council so orders, a display advertisement of at least one-quarter page in a newspaper of general circulation printed and published in the County of Butte and circulated in the
city shall be published at least five days
prior to the city council meeting at which
the proposed ordinance or amendment or
alteration thereto is to be adopted. Within
15 days after adoption of the ordinance or
amendment, a display advertisement of at
least one-quarter page shall be published. The advertisement shall indicate the general nature of, and provide information about, the proposed or adopted ordinance or amendment including information sufficient to enable the public to obtain copies of the complete text of such
ordinance or amendment, and the names
of those city council members voting for
and against the ordinance or amendment.

Notwithstanding the foregoing, any ordinance declared by the council to be necessary as an emergency measure for preserving the public peace, health or
safety, and containing the reasons for its
urgency, may be introduced and passed
at one and the same meeting, and if
passed by a five-sevenths vote shall become effective immediately. (Amended by vote of the people, November 5, 1996)
Article VIII.

Sec. 1. Mayor.

The mayor shall be elected and shall hold office for four years and until his or her successor is elected and qualified.

The mayor shall be the executive head of the
city. In case of riot, insurrection or extraordinary emergency he or she shall assume general control of the city government, and all its branches and be responsible for the suppression of disorders and the restoration of normal conditions.

In the name and on behalf of the city he or she
(or their designee) shall sign all contracts,
deeds, bonds and other legal instruments to
which the city is a party, and he or she shall
represent the city at all ceremonial functions of
a social or patriotic character when it is
desirable and appropriate to have the city
represented officially thereat.

He or she shall preside at all meetings of the
council and shall vote as a member of the
council, and shall receive such compensation
as is hereinbefore provided for members of the
council.

Sec. 1a. Vice mayor.

There shall be a vice mayor who shall be appointed by the city council to hold office at the pleasure of the council. He or she shall be a
duly qualified and acting member of the council. In the event of the termination of his or her tenure of office as councilmember from any
cause whatsoever, thereupon his or her tenure
of office as vice mayor shall forthwith cease
and determine. The appointment and removal
of the vice mayor may be made by a majority
vote of the council.

The vice mayor shall act as mayor pro ternpore in the case of absence, illness, death or C-7
224
Item 15.

CHARTER
other disability of the mayor and while so acting shall have all of the rights, powers and duties of the mayor.

Sec. 2. Right of subpoena.

The mayor or vice mayor shall have power to
administer oathsThe City Attorney, at the
direction of the Council, may issue a
subpoena, to compel the production of the
books, papers, documents for the City. and to
compel testimony whenever necessary in
proceedings before the Council. and
affirmations concerning any demand upon the
treasury, and in all mat- ters relating to the
duties of the city council, and to witnesses
examined in any investiga- tion had by said
council, or by any committee thereof duly
authorized to make such investi- gation. Said
mayor or vice mayor may issue subpoenas
under his or her hand and the seal of such city,
attested by the city clerk, to com- pel the
attendance of witnesses before such city
council or committee thereof. (1941, p. 3480.)
Article IX.

Sec. 1. Departments
The City Administrator shall recommend and
the City Council shall by ordinance create,
reorganize and abolish departments and
divisions thereof as necessary for the effective
management of the City’s affairs, in addition to
the following which are created by Charter:

Sec. 2 City Administrator/City Clerk: The City
Clerk/City Administrator shall be the clerk of the
council.

It shall be the duty of the city Clerk/City
Administrator or a deputy designated by him
or her, to attend all sessions of the council and
keep a full and correct record of the
proceedings. The proceedings of the council
shall be kept in a book. In addition, he or she
shall keep a record of all Ordinances.

The proceedings of the council shall be kept in
a book. In addition, he or she shall keep a
record of all Ordinances.

He or she shall conduct promptly, and keep a
systematic record of, all correspondence between the council and others relating to city business.

He or she shall be the keeper of the corporate
seal of the city and shall affix the same to instruments or writings requiring authentication.

He or she shall safely keep all records, documents, ordinances, resolutions, books, and such other papers and matters, as may be
regularly delivered into his or her custody or
required by law or ordinance to be filed with him
or her.

Sec. 3. City Attorney: There shall be a city
attorney who shall be ap- pointed by the city
council, to hold office at the pleasure of the
council. He or she shall be an attorney-at-law,
admitted to practice before the supreme court
of the State of California, and shall have been
in actual practice in the state for at least three
years next preceding his or her appointment.

All other things being equal, an attorney who
has had special training or experience in municipal corporation law shall be appointed to this office if practicable.

The city attorney shall be legal advisor of the
council and all other city officials. He or she
shall draft all ordinances, resolutions, contracts or other legal documents, or proceedings required by the council, or other officials, except as may be otherwise provided.

He or she shall prosecute personally on behalf
of the people violations of municipal code
before the Superior Court, and shall perform
such other legal services as needed.

He or she shall attend all meetings of the
council unless excused therefrom by the
council or mayor.

Sec. 4 Director of Finance: There shall be a
Director of Finance who shall be appointed by
the Council. He or she shall receive and keep
safely all moneys and securities belonging to the
city and coming into the hands, and pay out the
same only on warrants signed by the proper
officials, including the principal and interest due
on bonds of the city, including improve- ment
bonds.

Sec. 5 Chief of Police: There shall be a chief
of police who shall be appointed by the city
council to hold office at the pleasure of the
council. He or she shall be the head of the
police department of the city, shall make rules
and regulations for the management of the
department, and shall have all the powers that
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Item 15.

CHARTER
are now or may hereafter be conferred upon
other peace officers by the laws of the state.

It shall be the duty of the chief of police to
preserve the public peace, and to suppress
riots, tumults and disturbances. The orders of
the chief of police shall be promptly executed
by the police officers of the city for the
maintenance of public order or the protection
of life and property.

The chief of police shall have authority and it
is hereby made the duty of the chief of police
to arrest persons violating any law of the state
or ordinance of the city.

Persons convicted of violating city ordinances
and sentenced to jail may be confined in the
county jail of Butte County. The chief of police
shall have such other powers and duties as
may be prescribed by the council by
ordinance.

Sec.6 Fire Chief: There shall be a Fire Chief
who shall be appointed by the City Council
and hold office at the pleasure of the Council.

He or she shall be head of the fire department
of the city and shall have charge of and
supervision over all matters relating to the
prevention and extinction of fires, and of all
measures necessary to guard and protect all
property impaired thereby. During the time of
a fire, he or she shall have supreme authority
over the territory involved therein, and all
persons in the immediate vicinity of the fire
during such time, including police officers,
shall be subject to his or her orders.

The fire chief shall make rules and regulations
for the government of the department, subject
to the approval of the council City shall provide
fire prevention and protection services.

Sec. 7 In addition, the City shall retain the
following two functions:

Sec. 7a An Expert Accountant to audit
annually, in accordance with generally
accepted auditing standards, the financial
statements and accounts of the city.

Sec. 7b A city engineer who shall hold office at
the pleasure of the council. As city engineer he
or she shall be the custodian of, and
responsible for, all maps, plans, profiles, field
notes and other records and memoranda
belonging to the city, pertaining to his or her
office and the work thereof, all of which he or
she shall keep in proper order and condition,
with full indices thereof.

He or she shall have been at the time of his or
her appointment a licensed and practicing civil
engineer.

Article X.

Commissions
Sec. 1 Planning commission.

There shall be a board of planning commissioners consisting of the mayor as an ex- officio member without vote except in the case of a tie;
and seven citizens to be appointed by the
council to serve for four years each, with- out
compensation.

The city planning commission shall have and
exercise all the powers and duties which are
now or may hereafter be granted to or im- posed
upon said department by state law, and such
additional powers and duties as may be granted
or imposed by ordinance for the regu- lation and
control of the platting and subdivi- sion of lands.

No ordinance shall be adopted by the council
creating districts or zones for the purpose of
regulating the use of lands, the height, bulk,
location or use of buildings therein, and no ordinance changing, amending or altering any such ordinance shall be adopted until it shall
have first been submitted to the board of city
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Item 15.

CHARTER
planning comm1ss1oners commissioners for
report and rec- ommendation.

It shall be the duty of the planning commission
within thirty days from the receipt of any such
request from the council for its recommendation in regard to any such ordinance, to make and file its report thereon with the council, and
should said board of city planning commissioners recommend against the approval of any such ordinance herein mentioned, the
council may adopt such ordinance only upon
majority vote of the whole of said council.

Should the board of city planning commissioners recommend the approval of any such ordinance, or fail to make any recommendation within the time mentioned herein, said council
may adopt such ordinance by a majority vote
of the whole council.

All plans for the location of public parks or
public playgrounds shall be submitted to the
city planning commission for report and recommendation. Such report shall be advisory only.

The department shall make reports and recommendations to the council and to the various departments of the city government on all matters involving the location of such public
improvements.

The city planning commission shall initiate
studies and make reports and recommendations to the council and the various departments of the city government on subjects related to the opening and widening of streets and other physical conditions, connected with
the development and expansion of the city.

It shall each year render to the mayor and
council a report of its activities during the preceding year, and its proposals for the future.

The first city planning commission under this
Charter shall be appointed by the council for
one, two, three and four year terms respectively. Thereafter the members of said board shall be appointed as provided herein. At least
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227
Item 15.

CHARTER
three of the four members appointed as aforesaid shall have been members of the city planning commission immediately prior to this
Charter taking effect. (1961, c. 181; amended
by vote of the people, April 12, 1983; amended
by vote of the people, November 6, 1990)
Article X. Sec. 1.

Sec. 2 Park commission.

There shall be a park commission consisting of
five members to be appointed by the council
each to serve for a term of five years, without
compensation.

The Park’s Commission shall advise the City
Council on all matters pertaining to the operation
and regulation of City Parks. The Council shall
receive recommendations of the Commission
prior to taking any action related to the Parks.
department of parks shall have the power and
duty:

1. To manage and control the parks owned
or operated by the City of Oroville.

2. To establish, maintain and operate parks,
with structures therein appropriate to park
purposes, within or without city limits.

3. To construct and operate, sell, rent or
lease concessions or privileges to be exercised in the parks for the operation of boathouses, refreshment stands, restaurants, amusement places or devices, par- cel checking rooms and lockers and other similar
purposes.

4. To establish schedules of charges for
special services.

5. To grant to the department of playgrounds and recreation the right to estab- lish, maintain and operate playground and
recreation facilities on lands under the control
of the department of parks upon such terms
and conditions as shall be fixed by the board
of park commis- sioners.

6. To have charge over and care of trees,
plants and lawns in parking along public
streets, subject to street improvements
authorized by the city.

7. To appoint a superintendent of parks who
shall have general supervision of all parks and
under direction of the park commission.

Appropriation may be made from the general
city funds for park purposes. All money arising
from appropriations above referred to or received by the department of parks from fees, sales, gifts or otherwise in connection with the
operation of the department shall be placed to
the credit of the department of parks in a fund
to be known as the park fund.

No money in the park fund shall be used for any
purpose other than the financial support of the
department of parks.

The board of park commissioners shall have
power to control and order, in the manner in this
Charter provided, the expenditure of all money
coming into the park fund, or from the sale of
bonds authorized by the city for financ- ing the
work of the park department, and to appropriate
and expend the same for the pur- poses of the
department, in accordance with the provisions
of this Charter.

Said board may invest any surplus funds under its control in bonds or other evidences of indebtedness of the United States, the State of
California, or of any political subdivision
thereof, and the income derived therefrom shall
be deposited in the city treasury to the credit of
the park fund.

No real property shall be acquired by the city for
park sites unless such sites are first ap- proved
by the board of park commissioners.

Said board shall have full control over all park
sites and no such sites shall be devoted to any
other purpose in whole or in part without permission from said board.

Whenever funds are donated by any person or
persons for the acquisition or construction of
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228
Item 15.

CHARTER
any building, structure, work or
improvement in a public park, and the donor
or donors thereof shall, at the time of such
donation, re- quest the appointment of a
special commis- sion to take charge of the
expenditure of such funds and to supervise
the construction of such improvement, the
council may, in its dis- cretion, if said
proposed improvement will in- crease the
value of such park for park pur- poses,
provide by ordinance for the appoint- ment
by the mayor, subject to the conforma- tion
by a majority of the council, of a special
commission to take charge of the
supervision of the construction of such
improvement and the expenditure of funds
donated therefor.

In the event funds are donated in the
manner provided for in this section for the
mainte- nance of any such improvement at
the time of construction thereof or
otherwise, the council may, by ordinance,
create a commission to be appointed under
the provisions of this section, which shall
have such powers and duties as to such
construction or maintenance as may be
conferred upon it by such ordinance.

All lands belonging to the city which may
hereafter be set apart, or dedicated for the
use of the public as a public park, shall
forever re- main to the use of the public
inviolate.

Article XI.

Sec. 1. City attorney.

There shall be a city attorney who shall be appointed by the city council, to hold office at the pleasure of the council. He or she shall be an
attorney-at-law, admitted to practice before the
supreme court of the State of California, and
shall have been in actual practice in the state
for at least three years next preceding his or
her appointment.

All other things being equal, an attorney who
has had special training or experience in municipal corporation law shall be appointed to this office if practicable.

Commented [BR11]: Consider striking this. T
only commission with current "authority" is the
planning commission. Could have this commis
articulate it's advisory functions via its bylaws.
229
Item 15.

CHARTER
The city attorney shall be legal advisor of the
council and all other city officials. He or she
shall draft all ordinances, resolutions, contracts or other legal documents, or proceedings required by the council, or other officials, except as may be otherwise provided.

He or she shall prosecute personally on behalf
of the people all contested criminal cases before the police court and shall perform such other legal services from time to time as the
council may require without compensation in
addition to his or her salary, unless such service requires his or her presence outside the City of Oroville.

He or she shall attend all meetings of the
council unless excused therefrom by the
council or mayor.

Article XII.

Sec. 1. City clerk.

The city clerk shall be the clerk of the council.

It shall be the duty of the city clerk or a deputy
designated by him or her, to attend all sessions of the council and keep a full and correct record of the proceedings.

The proceedings of the council shall be kept in
a book marked "Minutes of the Council." He or
she shall keep a book marked "Ordinances,"
into which he or she shall copy all city ordinances, certifying that each is a full and correct copy of the original ordinance, and stating that the same has been published as required
bylaw.

Said record copy so certified shall be prima
facie evidence of the contents of the ordinance, and of its passage and publication, and shall be admissible as such in any court or
other proceeding. Such record shall not be
filed, but shall be returned to the custody of the
city clerk. He or she shall also keep a book
marked "Resolutions" into which he or she
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Item 15.

CHARTER
shall copy all resolutions passed by the council.

Both the books containing ordinances and
resolutions shall be adequately and comprehensively indexed.

He or she shall conduct promptly, and keep a
systematic record of, all correspondence between the council and others relating to city business.

He or she shall be the keeper of the corporate
seal of the city and shall affix the same to instruments or writings requiring authentication.

He or she shall safely keep all records, documents, ordinances, resolutions, books, and such other papers and matters, as may be
regularly delivered into his or her custody or
required by law or ordinance to be filed with
him or her.

He or she shall report to the city council
monthly, a detailed statement of the receipts
and disbursements of the city government and
the state of the various funds, and show the
balances of the budgeted appropriation, and of
any special improvement fund that may exist;
and at the expiration of the fiscal year make a
detailed statement of the receipts and disbursements of the city during said year, specifying the different sources of revenue and the amount received from each, the several appropriations made by the city council, and the amount of money expended under each, and
the objects for which they were made.
(Amended by vote of the people, April 12,
1983)
Article XIII.*
" Article XIII, of the Charter of the City of Oroville, relating to City Assessor and Board of Appraisers, is repealed. (Re- pealed by vote of the people, April 12, 1983)
Article XIV.

Sec. 1. Expert accountant.

The city shall retain a Certified Public Accountant to audit annually, in accordance with generally accepted auditing standards, the financial statements and accounts of the city.

It shall be the duty of the city clerk to keep on
public display in his or her office a report of
such audit for a period of sixty days after said
audit has been filed. (Amended by vote of the
people, April 12, 1983)
Article XV.

Sec. 1. City treasurer.

There shall be a city treasurer who shall be
elected every four years at the general election. It shall be his or her duty to collect all taxes assessed by the city assessor otherwise.

He or she shall receive and keep safely all
moneys and securities belonging to the city
and coming into the hands, and pay out the
same only on warrants signed by the proper
officials, including the principal and interest
due on bonds of the city, including improvement bonds.

The treasurer shall deposit within forty-eight
hours of its receipt with a responsible banking
institution, in the city, all funds coming into his
or her possession, and shall obtain from such
banking institution bonds or other collateral as
security therefor, as provided by law.
(Amended by vote of the people, April 12,
1983)
Article XVI.

Sec. 1. City engineer.

There shall be a city engineer who shall be
appointed by the city council to hold office at
the pleasure of the council.

C-11
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231
Item 15.

CHARTER
It shall not be necessary that he or she be a
resident of the city at the time of his or her appointment.

As city engineer he or she shall be the custodian of, and responsible for, all maps, plans, profiles, field notes and other records and
memoranda belonging to the city, pertaining to
his or her office and the work thereof, all of
which he or she shall keep in proper order and
condition, with full indices thereof.

He or she shall turn the same over to his or her
successor upon relinquishing his or her office,
who shall give himN or her duplicate re- ceipts
therefor, one of which he or she shall file with
the city clerk.

All maps, plans, profiles, field notes, estimates
and other memoranda of surveys and other
professional work made or done by him or her
or under his or her direction or control during
his or her term of office, shall be the property
of the city.

He or she shall have supervision over all public work relating to the grading, paving, cleaning, lighting, watering and repairing of streets, the building of sewers and the disposal of
sewage, garbage and rubbish, also of all other
matters of an engineering character.

He or she shall have been at the time of his or
her appointment a licensed and practicing civil
engineer for a period of at least three years.

All other things being equal an engineer who
has had special training or experience in municipal engineering shall be appointed to this office if practicable.

Article XVla.

Sec. 1. Superintendent of streets.

There shall be a superintendent of streets
who shall be appointed by the council, to hold
of- fice at the pleasure of the council. He or
she shall perform such duties as may be
prescribed now or hereafter, by ordinance or the
general laws of the state.

Article XVII.*
* Article XVII, of the Charter of the City of Oroville, relating to city court and city judge, is repealed. (Repealed by vote of the people, November 8, 1988)
Article XVIII.

Sec. 1. Chief of police.

There shall be a chief of police who shall be
appointed by the city council to hold office at
the pleasure of the council. He or she shall be
the head of the police department of the city,
shall make rules and regulations for the management of the department, and shall have all the powers that are now or may hereafter be
conferred upon other peace officers by the
laws of the state. It shall be the duty of the chief
of police to preserve the public peace, and to
suppress riots, tumults and distur- bances. The
orders of the chief of police shall be promptly
executed by the police officers of the city, and
every citizen shall lend the chief of police aid
when so requested for the arrest of offenders,
the maintenance of public order or the
protection of life and property.

The chief of police shall execute and return all
process issued to the chief of police by legal
authority. The chief of police shall have authority and it is hereby made the duty of the chief of police to arrest persons violating any
law of the state or ordinance of the city.

Persons convicted of violating city ordinances
and sentenced to jail may be confined in the
county jail of Butte County. The chief of police
shall have such other powers and duties as
may be prescribed by the council by ordinance. (Amended by vote of the people, November 8, 1988; amended by vote of the people, November 5, 1996) C-12
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232
Item 15.

CHARTER
Article XIX. Article XXI.

Sec. 1. Chief of fire department
There shall be a fire chief who shall be appointed by the city council and hold office at the pleasure of the council. He or she shall be head
of the fire department of the city, and shall have
charge of and supervision over all matters
relating to the prevention and extinc- tion of
fires, and of all measures necessary to guard
and protect all property impaired thereby.

During the time of a fire, he or she shall have
supreme authority over the territory involved
therein, and all persons in the imme- diate
vicinity of the fire during such time, in- cluding
police officers, shall be subject to his or her
orders.

The fire chief shall make rules and regulations
for the government of the department, subject
to the approval of the council.

Article XX.

Sec. 1. Health officer.

There shall be a health officer who shall be
appointedR by the city council and shall hold
office at the pleasure of the council. He or she
shall be a person who has been licensed to
practice medicine in the State of California, or
who has received special training in and been
granted credentials in public health work. He or
she shall exercise general supervision over the
health and cleanliness of the city, and take all
necessary measures for the preservation and
promotion thereof. He or she shall enforce all
laws, ordinances and regulations relative to the
preservation and improvement of the pub- lic
health, including those for the prevention of
disease, the suppression of unsanitary conditions, and the inspection and supervision of the production, transportation, storage and sale of
foodstuffs. (Amended by vote of the people,
November 8, 1988)
Sec. 1. Oath of office.

Every officer shall take and subscribe to the
constitutional oath of office before entering
upon the performance of his or her official duties.

Sec. 2. Official bonds.

All oOfficers handling managing city funds and
such other officers as the council may
determine musmay be required to furnish a
corporate surety bondg in an amount to be
determined by the Council, which surety bond
shall be conditioned on the faithful
performance of the duties imposed on that
respective officer as herein prescribed. Any
premium for such bond shall be a proper
charge against the City. t give bonds for the
faithful performance of their duties. The
amount of said bonds shall be fixed by the city
council. Such officers, before entering upon
their official duties, shall exe- cute a bond to
the city in the penal sum re- quired. Said bonds
shall be approved by the council and filed with
the city clerk, except the bond of the city clerk,
which shall be filed with the mayor.

Sec. 3. Administering oaths.

Every elective officer and every chief appointive official, including all members of boards and commissions provided for in this Charter,
or by ordinance, shall have the power to administer oaths or affirmations, in connection with any matter appertaining to the business of
the city.

Sec. 4. Compensation.

The council shall by resolution fix the compensation of all officers, also the compensation of all deputies, assistants and employees of such
officers. (Amended by vote of the people, November 8, 1988) Sec. 5. Reports of fees and
commissions.

Article XXI Section 5, of the Charter of the City
of Oroville, relating to reports of fees and
commissions, is repealed. (Repealed by vote
of the people, November 8, 1988)
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provides.

Commented [BR18]: Similar language from City of
Palmdale.
233
Item 15.

CHARTER
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234
Item 15.

CHARTER
Article XXII.

Sec. 1. Vacancies.

A. Any vacancy occurring in any office for
Council appointed staff, from whatever
cause arising shall be filled by
appointment by the council; and, in the
case of a vacancy in the office of mayor,
vice mayor, or councilmember such appointment may be made by a majority vote of the council; provided, further, that if
such vacancy exists in any elective office, such appointee shall hold office only until the first Monday after the next succeeding general municipal election at which election a person shall be elected
to serve for any balance of the unexpired
termthe vacancy shall be filled in
accordance to California Government
Code Section 36512(b), as may be
amended from time to time. Candidates
for office for such un- expired term shall
qualify in the manner provided in article IV,
section No. 1 of this Charter.

8.1. In the event a vacancy occurs in any
elective office within twenty days before
the next succeeding general municipal
election then such vacancy may be filled
by temporary appointment by majority
vote of the council for the interim until the
induction to office of councilmember
elected thereat, at which time such vacancy shall be filled by the new council as hereinabove provided.

C. In the event that a vacancy exists in any
elective or appointive office and the council fails to agree or for any reason does not fill such vacancy within sixty days af- ter
the same occurs, then a Special Meeting
shall be called and the vacancy shall be
filled by simple majority vote at that
meeting. The appointment may be an
interim appointment. Should a simple
majority not be reached, staff shall be
directed to do one final recruitment. At the
completion of that recruitment, the
Council shall consider all candidates.

Should the Council still be unable reach
simple majority, the Mayor shall appoint
from that list of candidates. Nsuch
vacancy shall be filled by appointment by
the mayor. Such appointment shall be for
the time and of like effect as though made
by the council as hereinabove provided.

D. In the event that the seats of a majority of
the council shall become vacant, then the
city clerk shall call a special election at
once to fill the vacancies for the unex- pired
terms, and such election shall be
Commented [BR19]: Only applicable to
appointments made by Council.

Commented [BR20]: New Language added
040224
Commented [BR21]: Allows business to
continue/eliminated delays in filling positions - and
provides a path with simple majority for these rare
situations.
235
Item 15.

CHARTER
conducted substantially in the manner
provided by law for holding general municipal elections.

E. Except as herein otherwise provided, if
any member of the city council of the city
shall move outside the boundaries of
their jurisdictionfrom the city, or fail to
attend three consecutive regular city
council meetings without the permission
of the council, or shall resign, or be
convicted of a felony, or be adjudged
insane, or dies, his or her office shall
thereupon become vacant.

F. Notwithstanding any provision in this
Charter contained, whenever any person
has been elected or appointed to office
and for any reason fails or neglects to file
the official oath or bond, if required, or for
any reason fails to qualify within thirty
days after the commencement of the term
of office, the council may declare the office vacant and proceed to fill the vacancy as hereinabove provided. (1941, p. 3480; amended by vote of the people,
November 8, 1988; amended by vote of
the people, November 6, 1990)
Sec. 2. Additional duties of officers.

In addition to duties herein specified, all officers and boards shall perform such other appropriate duties appertaining to their office as may be prescribed by ordinance or by the
general laws.

Article XXIII.

Sec. 1. Library.

The free public library of the city shall be managed under and in accordance with the provisions of the general laws of the state relating to free public libraries. (Amended by vote of the
people, April 12, 1983)
C-14
Commented [BR22]: City does not have any
operational oversite of the County library located
within the City.
236
Item 15.

CHARTER
Article XIIIXIV.*
* Secs. 5 to 14. Repealed by vote of the people, April 12, 1983.

Sec. 1. Fiscal year.

The fiscal year of the city shall begin on the first
day of July of each year, and end on the
thirtieth day of June of the following year.
(Amended by vote of the people, April 12,
1983)
Sec. 2. Tax system.

The council shall provide a system for the assessment, levy, and collection of city taxes upon real and personal property. By mutual
agreement, the County of Butte shall perform
those municipal functions which relate to the
assessment of property for purposes of taxation, the equalization and collection of taxes levied for municipal purposes, the collection of
assessments, and the sale of property for nonpayment of taxes or assessments.

It shall be the duty of the finance officerDirector
of Finance, within the time prescribed by law,
to compute the tax rates required to service
outstanding municipal debt, and submit same
to the city council.

Should the council fail to fix the tax rates within
the time prescribed, then the tax rates of the
previous year shall constitute the rates for the
current year. (Amended by vote of the people,
April 12, 1983)
Sec. 3. Annual budget
On or before the first day of In the month of
June of each year, the city administrator shall
present to the council a proposed budget for
the ensuing fis- cal year. Such budget shall
constitute the Pre- liminary Budget of the City
of Oroville, and a copy of same shall be on file
in the office of the city clerk. Not less than five
days after the preliminary budget is filed, the
city clerk shall fix a time for a budget public
hearing.

Final adoption of the budget shall be not later
than the first regular council meeting in July.

Tax rates for purposes of the service of outstanding municipal debt shall be fixed not earlier than the first meeting in July, nor later than the last day of August. (Amended by vote of
the people, April 12, 1983)
Sec. 4. Annual financial report.

It shall be the duty of the finance officerDirector
of Finance to prepare annually a consolidated
financial re- port of the city, including such
statements and schedules as may be
necessary to adequately describe the financial
condition of the city, and the results of its
operations for the fiscal year. Insofar as
practical, these statements shall be prepared
in accordance with generally ac- cepted
accounting principles as applied to municipal
corporations, and shall be subject to audit, as
described in Article XIV above. (Amended by
vote of the people, April 12, 1983)
Article
XIXV.

Sec. 1. Limit of bBond indebtedness.

The bonded debt of the city shall comply with
State law. at no time exceed a total of three
and seventy-five one hundredths percent
(3.75%) of the taxable value of all property
taxable for city purposes; provided, however,
that bonds issued for the acquisition,
extension, betterment, or mainte- nance of
municipally owned public utilities shall not be
counted as part of such limitation.

Provided further, however, that such bonds
shall have been voted by the electors of the
City of Oroville.

Provided further, that on the initiative of the
council by an appropriate resolution, and a
majority vote of the electors at the next general municipal election thereafter, this limit may be lowered or raised. (Amended by vote of the
people, April 12, 1983)
C-15
Formatted: Centered, Indent: Left: 0.1", Space
Before: 0 pt, Tab stops: 0.31", Left
Commented [BR23]: Types of bonds can vary in
requirements, we will follow State law.

Commented [BR24]: Will follow whatever the State
law is
237
Item 15.

CHARTER
Article XXVI.*
* Article XXVI of the Charter of the City of Oroville relating to "Special Taxes and Bonds" is repealed. (Repealed by vote of the people, April 12, 1983.)
Article XXVII.

Sec. 1. Advertising the city; inducing
immigration.

The council may appropriate and spend money
from the funds of the city for any or all of the
following purposes: Exhibitions, celebra- tions,
fairs, entertainment of public guests, in- ducing
immigration, and generally for the pur- pose of
advertising the city.

A. Provided, however, that any amount so
appropriated and spent is equaled by the
public body soliciting such funds from the
council, and that such appropriation made
by the council does not constitute more
than 50% of such expenditure contemplated.

8. Provided further, that the total appropri- ated
for such expenditure shall not ex- ceed 4
cents on the $100.00 of assessed
valuation in any one year.

Article XXVIII.

Sec. 1. Street and other public
improvements.

A. The improvement, widening, extending,
opening and closing of streets, or rights of
way owned by the city, or in which the city
has an easement, whether within or
without the limits thereof, and the planting
of trees thereon, and the making of other
improvements authorized by laws of the
state, may be done, and assessments
therefor may be levied in conformity with,
and under the authority conferred by the
general laws of the state now in effect, or
which may hereafter be enacted.

8. Provided, that no such improvement shall
be undertaken or enforced when the cost
of such improvement exceeds the assessed valuation of any parcel of real property in front of which the improvement is to be made, as such assessed valuation appears on the assessment roll
of the city for the previous year.

Where such improvement happens by reason
of special conditions to exceed the
assessed value of any one parcel of real
property in the area to be improved, the
city council may declare that it is in the
public interest that such amount over said
assessed valuation shall be paid from the
general fund of the city.

If it appears that the assessed valuation of any
one parcel of real property will prevent the
formation of an improvement district, any
citizen may call for a review of the
assessed valuation of the real property in
the proposed district, where- upon the
board of appraisers shall reap- praise and
determine what valuation is right and
proper.

Provided also, that the petitions for the
improvement shall bear the signatures of
the owners of 51% of the street frontage
of property within the proposed district,
before the city council can order the work
to proceed.

C. Provided, however, that the council may
by ordinance adopt a procedure for the
opening, extending, widening, closing
and improvement of streets, alleys, rights
of way or other public places, the laying of
pipe and conduits, and the removal from
buildings, lots and grounds, and the
sidewalks opposite thereto, of dirt, rubbish, weeds, and other rank growth and materials, which may injure or endanger
neighboring property, or the health or
welfare of the inhabitants of the city, and
for making and enforcing assessments
C-16
Commented [BR25]: The Council has the ability to
address Economic Development through the
budget process.

Formatted: Indent: Left: 0.09", Hanging: 0.31",
Right: 0.08", Space Before: 4.5 pt, Line spacing:

Multiple 1.08 li
238
Item 15.

CHARTER
against the property benefited, or affected
thereby, or from which removal is made,
for the cost of such improvements or removal, and may make such assessments a lien on such property superior to all
other claims or liens thereon, except
state, county and city taxes.

D. Provided, that no such ordinance shall
prevent the council from proceeding under any of the general laws of the state now in effect or which may hereafter be
enacted, subject, however, in all cases to
the provisions of subsection B of this article; provided, however, that where the work or improvement undertaken under
such ordinance or general law is necessary for the promotion or maintenance of public health or safety and the council by
resolution so finds, the council may proceed subject to such ordinance or general law and the provisions of subsection B shall not apply thereto. (1941, p. 3480)
Sec. 2. Contract work.

In the erection, improvement and repair of all
public buildings and works, in all street and
sewer work or in or about embankments or
other works for protection against overflow,
and in furnishing any supplies or materials for
the same, the Local Agency Public Construction Act of the State of California Public Contract Code as the same now exists or may hereafter be amended shall apply. (1955, c.
185; amended by vote of the people, November 8, 1988)
Sec. 3. Interest in contracts, etc.,
prohibited.

No officer or employee of the city shall be or
become directly or indirectly interested in, or in
the performance of, any contract, or work or
business, or in the sale or purchase of any article, the expense, price, or consideration of which is payable from the city funds, or in the
purchase or lease of any real estate or other
property belonging to or taken by the city, except in his or her official capacity, on behalf of the city.

If any person in this section designated, other
than in such official capacity, shall, during the
time for which he or she was elected or appointed, acquire an interest in any contract with or work done for the city or any department, branch or office thereof, or in any franchise, right, or privilege granted by the city, unless the same shall be devolved upon him
or her by law, he or she shall forfeit his or her
office and be forever barred and disqualified
from being elected, appointed or employed in
the service of the city, and all such contracts
shall be voidable at the option of the city
council.

The ownership of less than five percent of the
capital stock or shares of a corporation or association with which a contract may be made shall not be considered as constituting an interest in the contract within the meaning of this section.

Sec. 4. Contracts.

The council shall advertise annually for sealed
proposals or bids for printing and furnishing all
letterheads, stationery, tax bills, account books
and other printed matter likely to be re- quired
during the fiscal year.

Contracts for advertising or printing, as the
case may be, shall be awarded to the lowest
responsible bidder, provided no contract for
advertising shall be awarded to any newspaper except a newspaper of general circulation, as that term is defined by Chapter 1 of Division 7 of Title 1 of the Government Code.

Any city officer may purchase and bind the city
to pay for any item included in his or her budget
not exceeding $100.00 in any one complete
purchase.