Confidential Information shall not include any information which Client can demonstrate (a) has become generally available to and known by the public (other than as a result of a disclosure directly or indirectly by Client, any of its affiliates or any of its or their respective employees, contractors or agents), (b) has been made available to Client on a non-confidential basis from a source other than UA, provided that such source is not and was not bound by a confidentiality agreement with UA or any other legal obligation of non-disclosure, or (c) has been independently acquired or developed by Client without violating any of its obligations under this Agreement.
5.2 Non-Disclosure of Confidential Information. Client shall hold confidential all Confidential Information (as defined in Section 5.1) of UA and shall not disclose or use (except as expressly provided in this Agreement) such Confidential Information without the express written consent of UA, except as required by law. Confidential Information of UA shall be protected by the Client with the same degree of care as Client uses for protection of its own confidential information, but no less than reasonable care. Client may disclose Confidential Information only to those of its employees who have a need to know the Confidential Information for purposes of performing or exercising rights granted under this Agreement and only to the extent necessary to do so. At any time upon the request of UA, the Client shall promptly, at the option of UA, either return or destroy all (or, if UA so requests, any part) of the Confidential Information previously disclosed and all copies thereof, and the Client shall certify in writing as to its compliance with the foregoing. Client agrees to secure and protect the Confidential Information in a manner consistent with the maintenance of UA’s rights therein and to take appropriate action by instruction or agreement with its Licensed Users to satisfy its obligations hereunder. Client shall use its reasonable commercial efforts to assist UA in identifying and preventing any unauthorized access, use, copying or disclosure of the Confidential 366
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 11 Information, or any component thereof. Without limitation of the foregoing, Client shall advise UA immediately in the event Client learns or has reason to believe that any person has violated or intends to violate these confidentiality obligations or the proprietary rights of UA. In the event Client is required to disclose any Confidential Information by law or court order, it may do so, provided that UA is provided a reasonable opportunity to prevent such disclosure, and, in the event of a disclosure, that the Client apply reasonable commercial efforts to ensure that available confidentiality protections are applied to such information. In such event, Client shall not be liable for such disclosure unless such disclosure was caused by, or resulted from, in whole or in part, a previous disclosure by Client, any of its affiliates or any of its or their respective employees, contractors or agents, not permitted by this Agreement. UA Confidential Information shall not include information which can be demonstrated by Client: (i) to have become part of the public domain except by an act or omission or breach of this Agreement on the part of Client, its employees, or agents; (ii) to have been supplied to Client after the time of disclosure without restriction by a third party who is under no obligation to UA to maintain such information in confidence; or (iii) required to be disclosed by law or court order, provided that UA is provided a reasonable opportunity to prevent such disclosure, and, in the event of a disclosure, that Client apply reasonable commercial efforts to ensure that available confidentiality protections are applied to such information. Notwithstanding the foregoing, UA may publish the fact of the existence of this Agreement and/or the business relationship created hereby, and may include reference to it in its marketing collateral.
5.3 Non-Disclosure of Client Confidential Information. Notwithstanding any provision of this Agreement to the contrary, UA shall hold confidential all information disclosed to UA (a) concerning the business affairs or proprietary and trade secret information of Client, (b) any information that derives economic value from not being generally known to persons other than Client and its employees, and (c) any information that is the subject of efforts by Client that are reasonable under the circumstances to maintain its secrecy or confidentiality, whether disclosed to UA by Client in oral, graphic, written, electronic or machine readable form ("Client Confidential Information") and shall not disclose or use such Client Confidential Information without the express written consent of Client. Client Confidential Information shall be protected by UA with the same degree of care as UA uses for its own confidential information, but no less than reasonable care. UA may disclose Client Confidential Information only to those of its employees who have a need to know the Client Confidential Information for purposes of performing or exercising rights granted under this Agreement and only to the extent necessary to do so. At any time upon the request of Client, UA shall promptly, at the option of Client, either return or destroy all (or, if Client so requests, any part) of the Client Confidential Information previously disclosed and all copies thereof, and UA shall certify in writing as to its compliance with the foregoing. UA agrees to secure and protect the Client Confidential Information in a manner consistent with the maintenance of Client’s rights therein and to take appropriate action by instruction or agreement with its employees to satisfy its obligations hereunder. UA shall use reasonable commercial efforts to assist Client in identifying and preventing any unauthorized access, use, copying or disclosure of the Client Confidential Information, or any component thereof. Without limitation of the foregoing, UA shall advise Client immediately in the event UA learns or has reason to believe that any person has violated or intends to violate these confidentiality obligations or the proprietary rights of Client, and UA will, at UA’s expense, cooperate with Client in seeking injunctive or other equitable relief in the name of UA or Client against any such person. Client Confidential Information shall not include information which can be demonstrated by UA: (i) to have become part of the public domain except by an act or omission or breach of this Agreement on the part of UA, its employees, or agents; (ii) to have been supplied to UA after the time of disclosure without restriction by a third party who is under no obligation to Client to maintain such information in confidence; or (iii) required to be disclosed by law or court order, provided that Client is provided a reasonable opportunity to prevent such disclosure, and, in the event of a disclosure, that UA apply reasonable commercial efforts to ensure that available confidentiality protections are applied to such information.
5.4 Passwords. Any and all login identifiers and passwords provided hereunder are deemed Confidential Information of UA. Client and Licensed Users are responsible for maintaining the confidentiality of such login identifiers and passwords. Client agrees to (a) notify UA of any unauthorized use of such login identifiers or passwords or any other breach of security pertaining 367
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 12 to the Service when it became known to the Client, and (b) ensure that Licensed Users exit from their accounts at the end of each session. UA cannot and will not be liable for any loss or damage arising from Client's or any Licensed User's failure to comply with this Section 5.4.
5.5 Term. With regard to Confidential Information that constitutes trade secrets, the obligations in this Section shall continue for so long as such information constitutes a trade secret under applicable law. With regard to all other Confidential Information, the obligations in this Section shall continue for the term of this Agreement and for a period of five years thereafter.
INDEMNIFICATION AND LIABILITY
6.1 UA shall indemnify, defend and hold the Client and its officials, agents and employees harmless from and against any and all claims, damages, losses, injuries and expenses (including reasonable attorneys’ fees), relating to or arising out of: (i) any act or omission of UA, its officers, employees, subcontractors, or agents in connection with the performance of the Services; (ii) any breach of a covenant, representation or warranty made by UA under this Contract; and (iii) use by UA of any intellectual property in connection with the Services (whether such intellectual property is owned by UA or a third party) or the incorporation by UA of intellectual property into the Services.
6.2 EXCEPT FOR BREACHES OF SECTIONS 2 OR 5, IN NO EVENT WILL: (I) EITHER PARTY BE
LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS
OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS OR
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) EITHER PARTY’S TOTAL
LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL ANNUAL AMOUNT PAID BY CLIENT TO UA UNDER THIS AGREEMENT. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN
IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED IN ITS ESSENTIAL PURPOSE.
PROPRIETARY RIGHTS
7.1 Proprietary Rights. No right (except for the License right granted in Article 2), title or interest in any intellectual property or other proprietary rights are granted or transferred to Client hereunder. UA and its third-party licensors and service providers retain all right, title and interest, including, without limitation, all patent, copyright, trade secret and all other intellectual property and proprietary rights, inherent in and appurtenant to the Service and all derivative works connected therewith.
TERM AND TERMINATION
8.1 Term; Termination. The term of this Agreement (the "Term") shall commence on the Effective Date and shall continue for an initial term of five (5) years thereafter, unless terminated earlier or renewed as set forth herein, and shall automatically renew for additional one (1) year (the “Renewal Term”) unless either party provides written notice of termination at least ninety (90) days prior to the expiration of the initial Term or then current Renewal Term. Either party may immediately terminate this Agreement in the event that:
(a) the other party breaches any material obligation, warranty, representation or covenant under this Agreement and does not remedy such failure within thirty (30) days after its receipt of written notice of such breach or, (b) the other party becomes insolvent or is unable to pay its debts as due, enters into or files (or has filed or commenced against it) a petition, arrangement, action or other proceeding seeking relief or protection under the bankruptcy laws of the United States or similar laws of any other jurisdiction or transfers all of its assets to another person or entity.
368
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 13 If timely payment of Fees is not received by its due date, UA reserves the right to either suspend or terminate Client’s or Licensed User’s access to the Service. Upon termination or expiration of this Agreement for any reason, the License and the Service shall terminate, Client will be obligated to pay any and all Fees due hereunder up through the annual anniversary of the Effective Date of this Agreement or expiration and UA shall have no further obligations to Client. Sections 2.2, 2.3, and 4.3 and Articles 5, 6, 7, 8, and 9 hereof shall survive the expiration or termination of this Agreement for any reason.
MISCELLANEOUS
9.1 Notices. Any written notice required or permitted to be delivered pursuant to this Agreement will be in writing and will be deemed delivered: (a) upon delivery if delivered in person; (b) three (3) business days after deposit in the United States mail, registered or certified mail, return receipt requested, postage prepaid; (c) upon transmission if sent via telecopier/facsimile, with a confirmation copy sent via overnight mail; (d) one (1) business day after deposit with a national overnight courier;
9.2 Governing Law and Venue. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California. Any suit or proceeding relating to this Agreement shall be brought in the courts, state and federal, located in Butte County, California.
9.3 UCITA Disclaimer. THE PARTIES AGREE THAT THE UNIFORM COMPUTER TRANSACTIONS ACT OR ANY VERSION THEREOF, ADOPTED BY ANY STATE, IN ANY FORM ("UCITA"), SHALL NOT APPLY TO THIS AGREEMENT. TO THE EXTENT THAT UCITA IS APPLICABLE,
THE PARTIES AGREE TO OPT OUT OF THE APPLICABILITY OF UCITA PURSUANT TO THE OPT-OUT PROVISION(S) CONTAINED THEREIN.
9.4 Assignment. Client will not assign, sublicense or otherwise transfer this Agreement, in whole or in part, nor delegate or subcontract any of its rights or obligations hereunder, without UA's prior written consent, except in the event of an assignment to an affiliate
9.5 Force Majeure. Neither party shall have any liability to the other or to third parties for any failure or delay in performing any obligation under this Agreement due to circumstances beyond its reasonable control including, without limitation, acts of God or nature, actions of the government, fires, floods, strikes, civil disturbances or terrorism, or power, communications, satellite or network failures; provided, however, this Section 9.5 shall not apply to Client’s obligation to pay any of the Fees in accordance with Article 3 hereof.
9.6 Modifications. All amendments or modifications of this Agreement shall be in writing signed by an authorized representative of each party hereto. The parties expressly disclaim the right to claim the enforceability or effectiveness of: (a) any amendments to this Agreement that are not executed by an authorized representative of UA and Client; (b) any oral modifications to this Agreement; and (c) any other amendments based on course of dealing, waiver, reliance, estoppel or similar legal theory. The parties expressly disclaim the right to enforce any rule of law that is contrary to the terms of this Section.
9.7 Waiver. The failure of either party to enforce, or the delay by either party in enforcing, any of its rights under this Agreement will not be deemed to be a waiver or modification by such party of any of its rights under this Agreement.
9.8 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Agreement.
9.9 Headings. The headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
369
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 14 9.10 Entire Agreement. This Agreement (including the Schedules and any addenda hereto) contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter.
IN WITNESS WHEREOF, UA and Client have executed this Agreement as of the date set forth below. All signed copies of this Agreement shall be deemed originals.
Signed on behalf of The Client:
Signed:
Name:
Title:
Date:
Signed on behalf of The Supplier:
Signed:
Name:
Title:
Date:
370
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 6(b)
ORIGINATED BY: Eric Reinbold, Chief of Police
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Award Contract for Project Management of the Town’s Two-Way Radio System Restoration
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Consider authorizing the Town Manager to enter into a contract with CDX Wireless for Project Management of the Town’s two-way radio system restoration. (ROLL CALL VOTE)
Background:
Before the Camp Fire on November 8, 2018, the Town of Paradise had a robust, VHF radio network with multiple frequencies for the Police, Fire and Public Works Departments. The system consisted of 5 receiver locations voted back to the transmitters via dedicated, copper wire, AT&T phone circuits and 1 mountaintop receiver voted back to the transmitters via a UHF link. The Camp Fire burned the copper phone line infrastructure, disconnecting all 5 wire-line voter sites. It also shorted out the power to the remote, UHF voted site. Public Works staff was able to restore the remote voter site to moderate functionality. However, we could not reconnect the wire-line voter sites because the AT&T copper wire communications infrastructure in Town is being replaced with fiber, and the fiber network is incompatible with the Town voter equipment in place.
The Paradise VHF system
Also as a result of the Camp Fire, the Paradise Police Department lost Dispatch staffing and are temporarily contracting with the Butte County Sheriff's Office (BCSO) to cover Dispatch services.
BCSO is now using a legacy VHF radio system to communicate with Paradise personnel.
Otherwise, BCSO transmits on the modern, 700 MHz, digital, trunked, BRICS radio network to communicate with their Deputies. BCSO cannot reliably tie the Paradise VHF systems into their 700 MHz system. Additionally, in October 2020, the California Department of Justice notified California Law Enforcement agencies that they are requiring all personal identifying information (PII) and criminal justice history information (CJIS) transmitted via radio, to be transmitted via secure networks. The Town’s VHF system and equipment is incapable of meeting this new requirement.
Analysis:
Town Council has directed the Town to restore the Town’s radio communications and Public Safety Answering Point capabilities to what they were prior to the Camp Fire. With the greatest amount of the most critical infrastructure under the responsibility of the Police Department, the 371
PD will be taking the lead on these projects. In place of building a new, separate, two-way radio infrastructure, the Town’s direction is to transition to the Butte Regional Interoperable Communications System (BRICS) operated by Butte County. This 700 MHz network is set up to be utilized by multiple agencies, and with multi-band radios, provides for maximum interoperability. To accomplish this, all the Town’s two-way radios need to be replaced, and all Dispatch and backroom radio equipment must be upgraded.
There are many interrelated steps and components to this process. As the Police Department has moved forward with executing the Council’s direction to restore communications capabilities, the Department has recognized the complexity of the systems, and the process to upgrade them. To ensure the smooth transition to the new systems and technology, the coordination and consolidation of the many steps and processes necessary to accomplish the Town’s goals, will benefit significantly from the assistance of a third-party consultant, with the technical knowledge and expertise to communicate with, coordinate, and inspect the work of the multiple contractors in the various disciplines necessary to complete these projects.
Staff is recommending the Town engage the services of CDX Wireless of Pleasanton, California, to manage and coordinate the various steps to upgrade the Town’s communications and Dispatch radio equipment. CDX Wireless is an experienced, land-mobile radio and telecommunications consultancy firm, with the expertise to provide the guidance and management to complete this project. From 2013 to 2021, CDX Wireless was heavily involved in managing the design and construction of the BRICS network and infrastructure as a consultant to Butte County Communications. Due to this involvement, CDX Wireless is familiar with the technical aspects of the BRICS network and can ensure the Town’s successful deployment of the required equipment and infrastructure, including the necessary Dispatch and radio infrastructure repairs and improvements. CDX Wireless is also aware of the technical requirements of the necessary equipment. Specifically, Mr. Bob Simmons, who would be the lead for CDX Wireless’ involvement, held the same role for the BRICS network installation. Mr. Simmons has a respected in the region and has a reputation for being a knowledgeable consultant with the technical expertise to advocate for his client’s best outcomes
Financial Impact:
CDX Wireless has submitted a proposal to assist the Town with the management of the radio system restoration project. The proposal is based on an estimated 400 hours of work at a rate of $180.00 per hour, for a total labor cost not to exceed $72,000.00. The proposal breaks down the hours that CDX Wireless estimates will be required to complete each phase of their project management. Under this proposal, the Town would be billed monthly for work accomplished to that point, showing how many hours have been invested and how many of the estimated hours remain in each area. We will closely track the progress and costs of this project. If for some reason additional funding is needed for CDX Wireless to complete the management of the project, Staff will return to Council with a detailed explanation prior to seeking approval for any additional funding.
The CDX Wireless proposal clarifies that meetings will be held remotely via phone or video conference as much as possible, however, travel will be required for certain aspects of the project management, such as to inspect the work of the contractors. CDX Wireless will ensure that the equipment and installation meet the requirements of the codes and the specifications of the contracts. These travel expenses and per diem may be billed to the Town, using actual cost for travel and the published Town of Paradise meal per diem rates, with the travel reimbursement not to exceed $1,000 without prior approval of the Town. 372
With the recent award of $615,000 in Federal Community Project funding to purchase portable and mobile police radio equipment, Measure V and insurance settlement proceeds that were originally allocated in the FY 2021-22 Budget toward this purchase are now available to be reallocated toward other budget needs. Staff recommends reallocating up to $73,000 of this available funding to the CDX Wireless Radio Infrastructure Repair Project Management contract. 373
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 1
March 31, 2022
Lt. Anthony Borgman
Paradise Police Department
5595 Black Olive Dr
Paradise, CA
RE: Project Scope and Quotation for the Town of Paradise Project Management Services Lt. Borgman,
As the individual authorized to contractually obligate and negotiate for CDX Wireless, I am pleased to present this project scope and quotation for project management services for the Town of Paradise.
If you have any questions please feel free to contact me through the contact information listed below.
Respectfully,
Bob Simmons
Principal, CDX Wireless Inc.
4900 Hopyard Rd, Suite 100
Pleasanton, CA 94588
Phone: (925) 270-8734
Fax: (925) 369-6799
Email: [email protected]
374
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 2
Table of Contents
Table of Contents..................................................................................................................... 2 1 Project Staffing................................................................................................................. 3 2 Place of Performance ......................................................................................................... 3 3 Scope of Work .................................................................................................................. 3
3.1 Background ............................................................................................................... 3
3.2 Work Activities........................................................................................................... 4 4 Price Quotation ................................................................................................................12
4.1 Quotation Basis.........................................................................................................12
4.2 Work Breakdown and Labor Quotation .........................................................................12
4.3 Travel and Other Expenses .........................................................................................13
4.4 Invoicing ..................................................................................................................13 375
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 3
1 Project Staffing
CDX Wireless shall staff our efforts on this project with Mr. Bob Simmons. Mr. Simmons has served Butte County as its consultant since August 2013 by assessing the needs of users of Butte County’s existing, analog public safety radio system; by drafting a conceptual design for its replacement; by developing the procurement specifications for the digital, Project 25 trunked simulcast radio system; and by providing consulting services to support the procurement and implementation for the system.
As such he is very familiar with the technical requirements needed for the Town of Paradise to integrate its dispatch center with the Butte County Radio System.
Mr. Simmons will hold overall responsibility for completing the Scope of Work described in this Project Scope. He will be CDX Wireless’ single point of contact for this project and any additional project staff will report through him.
Mr. Simmons will be supported by other CDX Wireless staff in tasks such as providing expertise in specific technical areas related to public safety radio communications or preparing and assembling deliverables and reports.
2 Place of Performance
CDX Wireless’ work on this project will include a combination of off-site and on-site activities, the latter occurring at the offices of CDX Wireless. CDX Wireless shall be on-site as is practically necessary to complete the Scope of Work described below with the expectation that this shall entail approximately one (1) to two (2) days of on-site presence approximately one to two times per month, however, the on-site schedule will be adjusted as necessary to accommodate the completion of tasks. When their nature allows, meetings or other project-related discussions will be conducted via phone conference or WebEx telepresence.
3 Scope of Work
3.1 Background
The Town of Paradise is in the process of bringing its Dispatch Center online after having its dispatch services being provided by Butte County SO following the devastating Camp fire of 2018. In order to bring its Dispatch Center back online, the Town is beginning several sub-projects necessary to integrate the Center with the Butte County Radio System. These sub-projects include:
• Acquiring and deploying a point-to-point microwave link from the Paradise PD dispatch center to a Butte County RF hub site.
• Correcting and improving grounding at the Paradise PD/FD tower. • Correcting and improving grounding in the Paradise PD radio equipment room. • Implementing a Motorola provided MCC7500 dispatch console This Scope of Work from CDX Wireless includes tasks that span the entire project as well as tasks that correspond directly to the activities of the Contractor(s) that had definitive start and completion milestone dates.
The tasks that span the entire project are:
376
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 4
1. Project Administration, including
a. Project Management
b. Vendor Contract Management
The tasks that correlate to Contractor project milestones are:
2. Kickoff
3. Detailed Design Review
4. Manufacture (Fixed Network Equipment)
5. Site Preparation
6. Staging and Factory Acceptance Test Plan
7. Installation: Fixed Network Equipment
8. Site Optimization and Configuration
9. System Optimization
10. Acceptance Testing: Functional
11. Cutover Planning
12. Documentation
13. Final Acceptance
3.2 Work Activities
The following table describes the activities and responsibilities of CDX Wireless along with the expected activities and responsibilities of Town of Paradise (hereinafter “Town”) and Contractor(s).
Project Task Activities & Responsibilities
of CDX Wireless
Activities & Responsibilities
of Contractor(s)
Activities & Responsibilities
of Town of Paradise
Tasks that span the entire project
377
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 5
Project Task Activities & Responsibilities
of CDX Wireless
Activities & Responsibilities
of Contractor(s)
Activities & Responsibilities
of Town of Paradise
Project
Administration
Including:
• Project
Management
• Vendor
Contract
Management
Prepare for and attend project
status updates and project
reviews. Identify to Town and
Contractor project issues and
risks and cooperatively work
with all to identify and
resolve/mitigate them.
Cooperatively work with
Contractor and Town to review
the need for project changes
and, when warranted, assist in
the development of change
orders and/or contract
amendments to include
listings of changes to project
scope/performance, schedule,
and cost.
Call, prepare agenda (and
other materials for) and lead
project status updates and
reviews.
Cooperatively work with Town
and CDX Wireless to raise and
clearly identify project issues
and risks and resolve/mitigate
them.
Cooperatively work with Town
and CDX Wireless to review
the need for project changes
and, when warranted, support
the development of change
orders and/or contract
amendments to include
listings of changes to project
scope/performance, schedule,
and cost.
Prepare for and attend project
status updates and project
reviews. Actively participate
in discussions regarding
project issues and risks and
cooperatively work with all to
identify and resolve/mitigate
them.
Cooperatively work with
Contractor and CDX Wireless
to review the need for project
changes and, when warranted,
assist in the development of
and be ultimately responsible
for the approval of change
orders and/or contract
amendments to include
listings of changes to project
scope/performance, schedule,
and cost.
Tasks that correlate to Contractor milestones
378
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 6
Project Task Activities & Responsibilities
of CDX Wireless
Activities & Responsibilities
of Contractor(s)
Activities & Responsibilities
of Town of Paradise
Kickoff Review the contractor
provided agenda for the
kickoff meeting and provide
feedback on any suggested
changes.
Develop the agenda for the
kickoff meeting to include:
- Review of the roles of the
project participants to identify
communication flows and
decision making authority
between project participants.
- Review of the overall project
scope and objectives.
- Review of the resource and
scheduling requirements.
- Review the project schedule
addressing milestones and key
deliverables.
- Review of the Project
Management Plan and
processes.
Prepare materials for use
during the meeting.
Review the contractor
provided agenda for the
kickoff meeting and provide
feedback on any suggested
changes.
Provide a suitable meeting
space for the meeting.
379
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 7
Project Task Activities & Responsibilities
of CDX Wireless
Activities & Responsibilities
of Contractor(s)
Activities & Responsibilities
of Town of Paradise
Detailed Design Provide guidance to the Town
on design parameters and the
overall design process to
ensure that the detailed
system design meets Town
needs.
Review system design
materials and provide
feedback and suggestions on
any recommended changes.
Conduct detailed sitewalks for
all sites to gather pertinent
details for developing
complete system detailed
design.
Develop the following
materials for review such that
the Town can confirm the
system design:
Project Schedule.
Statement of Work.
System Description.
Site Layout Drawings.
Shelter floor plan drawings.
Rack Elevation Drawings.
System Block and Level
Diagrams.
Power Calculations.
Antenna Network Diagrams.
Coverage Maps.
TX Combiner Plan.
Preliminary Transition Plan.
Equipment List.
FATP
Training Plan.
Review system design
materials and provide
feedback and suggestions on
any recommended changes.
Provide confirmation of
system design upon
completion of all requested
changes.
Manufacture Track status of manufacturing
effort through the contractor
PM.
Track and manage the
manufacturing effort.
Track status of manufacturing
effort through the contractor
PM.
380
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 8
Project Task Activities & Responsibilities
of CDX Wireless
Activities & Responsibilities
of Contractor(s)
Activities & Responsibilities
of Town of Paradise
Site Preparation Assist in the identification
and evaluation of sites to be
used. Review technical
information provided by
Contractor. Assist in the
preparation of leases or
other agreements needed to
prepare the sites for
remediation and/or
occupancy.
Provide technical information
regarding the system’s
requirements for site space,
electrical power, HVAC, and
other resources. Identify
issues that must be
addressed as part of
leases/agreements and that
must be remediated prior to
occupancy.
Identify the sites to be used
in the project. Lead in the
preparation of leases or
other agreements needed for
site remediation and/or
occupancy. Execute such
leases or other agreements.
System Staging
and Factory
Acceptance Test
Review Factory Acceptance
Test Plan and provide
feedback and suggestions on
any recommended changes.
Travel to contractor staging
facility to witness Factory
Acceptance Test Plan.
Witness Factory Acceptance
Test Plan.
Receive equipment from
manufacturing and assemble
the system per detailed design
documentation.
Develop Factory Acceptance
Test Plan.
Develop cabling and labels as
required for proper system
operation.
Verify and record settings and
software versions of
equipment as tested.
Execute Factory Acceptance
Test Plan.
Conduct final inventory and
ship to equipment to the Town
for installation.
Review Factory Acceptance
Test Plan and provide
feedback and suggestions on
any recommended changes.
Travel to contractor staging
facility to witness Factory
Acceptance Test Plan.
Witness and signoff upon
satisfactory completion of
Factory Acceptance Test Plan.
381
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 9
Project Task Activities & Responsibilities
of CDX Wireless
Activities & Responsibilities
of Contractor(s)
Activities & Responsibilities
of Town of Paradise
Installation:
Fixed Network
Equipment
As necessary, observe
installation of Fixed Network
Equipment (FNE).
Assist in review reports of
deficiencies as related to
installation standards.
Assist in identification of plans
to rectify site deficiencies.
Assist in review and approval
of site remediation. Review
completion of Contractor’s
tasks regarding FNE and
provide comments to Town.
Install equipment at sites as
contracted.
Complete/modify site
drawings according to
installation.
Interconnect new equipment
to existing (analog) system as
required per contract.
Perform audits of site to
identify deficiencies as related
to Contractor installation
standards for communications
sites.
Report on deficiencies and
provide costs to remediate.
Remediate sites as agreed-to
by Town.
Ensure Contractor has access
to sites.
Observe installation of system
equipment
Approve completion of
Contractor’s tasks regarding
FNE Installation.
Review reports of deficiencies
as related to installation
standards.
Approve plans to remediate
site deficiencies.
Review and approve site
rectification.
System
Optimization
Assist in gathering/ developing
information about subscriber
fleet (radio ID’s, talkgroup
ID’s, etc.) to facilitate system
programming.
As necessary, observe
programming of system
equipment.
Assist in resolution of any
issues related to interfaces/
links that are provided by
third parties.
Review completion of
Contractor’s tasks regarding
system optimization and
provide comments to Town.
Program system equipment
using Town-provided
information about subscriber
fleet (radio ID’s, talkgroup
ID’s, etc.).
Integrate, optimize, and verify
the interfaces between
equipment, sites, consoles,
and other system
components.
Test features and functionality
to verify performance.
Test links between sites and
provide results to Town.
Record all parameters settings
for inclusion in system
documentation
Ensure Contractor has access
to sites.
Provide information about
subscriber fleet (radio ID’s,
talkgroup ID’s, etc.) to
facilitate system
programming.
Observe programming of
system equipment.
Resolve any issues related to
interfaces/links that are
provided by third parties.
Approve completion of
Contractor’s tasks regarding
system optimization.
382
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 10
Project Task Activities & Responsibilities
of CDX Wireless
Activities & Responsibilities
of Contractor(s)
Activities & Responsibilities
of Town of Paradise
Acceptance
Testing:
Functional
Assist in preparation of test
plans for functional testing of
system.
Oversee conduct of functional
testing plans.
Assist in review and approval
of documented list of testing
issues or deficiencies.
Assist in review and approval
of resolved issues or
deficiencies or alternate
resolution plan.
Prepare test plans for
functional testing of system.
Conduct functional testing per
approved test plans.
Document and rectify any
issues or deficiencies arising
from conduct of test plan.
Resolve issues and retest or
agree to alternate resolution
plan.
Approve test plans for
functional testing of system.
Oversee conduct of functional
testing plans.
Review and approve of
documented list of testing
issues or deficiencies.
Review and approve of
resolved issues or deficiencies
or alternate resolution plan.
Cutover Planning Assist in review of cutover and
migration plan.
Work with the Town to
understand critical issues
regarding cutover planning
Prepare cutover and migration
plan
Set up patches and other
interim communications
bridges
Execute cutover plan
Review and approve of
migration plan.
Ensure communications and
logistics are complete with
affected Town agencies prior
to cutover.
383
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 11
Project Task Activities & Responsibilities
of CDX Wireless
Activities & Responsibilities
of Contractor(s)
Activities & Responsibilities
of Town of Paradise
Documentation Assist in review and approval
of final project documentation.
Identify and provide final
project documentation
consisting of:
Standard equipment
manuals.
System drawings.
Fixed equipment
documentation.
Plan and elevation views of
the equipment installation at
the radio site.
Equipment inter-cabling
diagrams for each site.
Demarcation wiring lists.
Programming and level
setting data sheets.
Equipment by site.
Key access procedures.
Site inventory lists.
Remote sign-on procedures
and passwords.
Software versions and
equipment wiring by
equipment site.
Radio licenses.
Review and approve final
project documentation.
Final Acceptance Identify punch-list items, work
to resolve them, report on
resolution progress.
Assist in review and approval
of Customer Support Plan.
Identify punch-list items, work
to resolve them, report on
resolution progress.
Develop Customer Support
Plan.
Identify punch-list items, work
to resolve them, report on
resolution progress.
Review and approve Customer
Support Plan.
384
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 12
4 Price Quotation
4.1 Quotation Basis
The following price quotation is based on the provision of staffing according to the Project Staffing, Place of Performance, and Scope of Work as described above. CDX Wireless reserves the right to revise this price quotation should the level of staffing, the scope of project tasks, or the duration of the project schedule change for reasons outside of the control of CDX Wireless.
4.2 Work Breakdown and Labor Quotation
Project Task # of Labor
Hours Cost Per Hour Total Labor Cost
Tasks that span the entire project
Project Administration Including: 40 $180.00 $7,200.00
Tasks that correlate to Contractor milestones
Kickoff 16 $180.00 $2,880.00
Detailed Design 60 $180.00 $10,800.00
Manufacture 8 $180.00 $1,440.00
Site Preparation 60 $180.00 $10,800.00
System Staging and Factory Acceptance Test 12 $180.00 $2,160.00 Installation: Fixed Network Equipment 60 $180.00 $10,800.00 System Optimization 40 $180.00 $7,200.00
Acceptance Testing: Functional 24 $180.00 $4,320.00
Cutover Planning 24 $180.00 $4,320.00
Documentation 24 $180.00 $4,320.00
Final Acceptance 8 $180.00 $4,320.00
Labor Total 400 hours $72,000.00
385
Project Scope and Quotation
for the Town of Paradise
Project Management Services
©2022 CDX Wireless, Inc. March 31, 2022 Page 13
4.3 Travel and Other Expenses
The Town of Paradise shall reimburse CDX Wireless for the actual costs of travel required to perform the Scope of Work described above. Reimbursed costs shall be limited to air fare, lodging (when required), rental cars (including fuel), meals, and airport parking. The total reimbursed costs for this project shall not exceed $1,000 unless approved by the Town of Paradise. The costs of meals shall be limited to published Town Per Diem rates and shall exclude lunch and incidentals.
The Town of Paradise shall reimburse CDX Wireless for the actual costs of third-party materials and services required to perform the Scope of Work described above. Unless approved in advance and in writing by the Town, such materials and services shall be limited to the production or reproduction of documents.
4.4 Invoicing
CDX Wireless shall submit to the Town of Paradise each month an invoice detailing:
1. The period of performance (i.e., the month in which labor was expended and costs were incurred)
2. The number of hours expended that month for each task
3. The number of hours remaining for each task (after that month’s labor expenditures)
4. The total labor cost for that month
5. The total of travel and other costs incurred that month (along with of receipts, invoices, or other justification for all travel or other costs for which CDX Wireless seeks reimbursement)
6. The total cost of labor and expenses for that period (i.e., the invoice total) 386
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 6(c)
ORIGINATED BY: Eric Reinbold, Chief of Police
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Award Contract for the Purchase and Upfit of Police Vehicles
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Consider authorizing the Police Department to purchase three (3) 2022 or 2023 Chevrolet Tahoe PPV vehicles under California State Contract pricing through Elk Grove Auto / Winner Chevrolet; and,
2. Authorizing the Police Department to purchase required upfit and emergency equipment from Lehr, under the existing, publicly bid, Placer County contract with Lehr Auto, to upfit the Tahoes into two (2) Patrol vehicles and one (1) K9 Patrol vehicle. (ROLL CALL VOTE)
Background:
In the November 2014 election, Paradise residents adopted Measure C, a half percent sales tax increase that provides additional funding for police, fire, roads, and animal control. In the November 2018 election, Paradise residents extended Measure C by passing Measure V. The Measure V committee of selected citizens provide recommendations for the use of the funds. The committee met and provided the Town Council with their recommendations on Measure V fund expenditures. The purchase of police patrol vehicles for the Paradise Police Department was one of their recommendations.
To retain vehicles in our patrol fleet that exceed ten years old, or 100,000 miles, has proven to increase the Town’s fleet maintenance costs, which impacts the General Fund, impacts the reliability of in-service usage, and potentially increases our liability due to component / system failure. We are in the fortunate position, due to the passing of Measure V, to purchase police vehicles to replace these older, high mileage vehicles.
Analysis:
Due to current global market and supply chain conditions, Police vehicles are difficult to obtain and take significant time to receive. For example, the Police vehicles ordered in March 2021, have still not been received by the Town. Contracts must be ready and purchase orders finalized prior to the very brief windows of opportunity to order these 387
vehicles. In recognition of these challenging circumstances, the Police Department has finalized quotes to purchase three (3) Chevrolet Tahoe PPV vehicles from Elk Grove Auto / Winner Chevrolet under the California State contract price. Additionally, due to the uncertainty of delivery timelines for the vehicles and upfit equipment, the Police Department has finalized quotes to purchase and install the upfit equipment necessary to complete two (2) of the Tahoe PPV vehicles as Patrol vehicles, and one (1) as a K9 Patrol vehicle, through the existing, publicly bid, Placer County contract with Lehr.
By utilizing the existing, publicly bid contracts from the State of California to purchase the vehicles and Placer County to purchase and install the upfit equipment, the Town is able to initiate the purchases at set prices without the potential for delays that come with the bidding process. Delaying the authorization to purchase these vehicles beyond the end of April will cause the Town to miss the opportunity to order these vehicles this season, further delaying their delivery and use.
Financial Impact:
The three (3) Tahoe vehicles, as specified by the Town, will cost a total of $230,305.84, delivered and deployed on Patrol. The following table breaks down the line-item cost of the vehicles:
In the past, the Town has financed the purchase of new Patrol vehicles to amortize the cost over 5 years. However, in the current markets and the Town’s financial position, the cost of financing outstrips the return on investment of the money, should the Town finance the purchase and hold the purchase amount in savings to pay off the financing. Therefore, Staff recommends the direct purchase of the vehicles with Measure V funds to be included in the Measure V Budget for FY 2022-23 Budget. A budgeted line item for the purchase of these vehicles in the amount of $230,000 was presented to the Measure V Citizen Oversight Committee during the meeting held on March 22, 2022. The FY 2022-23 Measure V Budget will be updated to reflect the final cost estimate above and will be included for adoption during the presentation of the FY 2022-23 Town-wide budget in June 2022.
1 2023 Chevrolet Tahoe 9C1 4x4 $ 49,401.81 $ 49,401.81
1 Marked K9 Upfit Equipment, quote $ 22,563.03 $ 22,563.03 1 Marked K9 Upfit Equipment Installation, quote $ 5,460.00 $ 5,460.00 1 Graphics Installation & Radio Transfer From Old Patrol Vehicle $ 2,500.00 $ 2,500.00 $ 79,924.84 $ 79,924.84
2 2023 Chevrolet Tahoe 9C1 4x4 $ 49,401.81 $ 98,803.62
2 Marked Patrol Vehicle Upfit Equipment, quote $ 18,801.19 $ 37,602.38 2 Marked Patrol Vehicle Upfit Equipment Installation, quote $ 4,987.50 $ 9,975.00 2 Graphics Installation & Radio Transfer From Old Patrol Vehicle $ 2,000.00 $ 4,000.00 $ 75,190.50 $ 150,381.00
3 TOTAL MARKED PATROL AND K9 VEHICLE PURCHASE AND UPFIT $ 230,305.84 NEW K9 VEHICLE TOTAL
MARKED PATROL VEHICLE TOTAL
NEW MARKED K9 PATROL
NEW MARKED PATROL 388
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 6(d)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Consider Approval of VMT (Vehicle Miles Traveled) Polices for the Town of Paradise as set out in the 2020 Regional Transportation Plan (RTP) and Sustainable
Communities Strategy (SCS) Adopted by BCAG and the
Town’s Adoption of the Statement of Overriding
Considerations Based Upon the BCAG Final
Supplemental EIR
LONG TERM
RECOVERY PLAN:
Yes – Planning & Zoning (General Plan)
COUNCIL ACTION REQUESTED:
1. Adopt Town of Paradise Resolution No. 2022-___, “A Resolution of the Town Council of the Town of Paradise Adopting CEQA Findings, Adopting the Town of Paradise’s Statement of Overriding Considerations, and Thereafter Approving Its Vehicle Miles Traveled Policies” OR
2. Provide alternative direction to town staff.
Background:
Between May 2018 and December 2020, BCAG prepared and adopted its updated 2020 Regional Transportation Plan / Sustainable Communities Strategy (2020 RTP/SCS) with a Supplemental Environmental Impact Report (SEIR). The 2020 RTP/SCS is BCAG’s long range regional transportation plan which covers the years from 2020 to 2040. The RTP/SCS serves as the foundation for the development of the short-range Regional Transportation Improvement Program (RTIP) and the Federal Transportation Improvement Program (FTIP).
The 2020 RTP/SCS contains all of the following components: 1) the RTP Document – including all required components (Policy, Sustainable Communities Strategy, Action and Financial); 2) the Air Quality Conformity Analysis and Determination – demonstrating that the projects in the RTP conform to the applicable federal air quality requirements; and 3) the Environmental Impact Report – complying with the California EnvironmentalQuality Act requirement.
Paradise participated in the formulation of the 2020 RTP/SCS, and was a voting member in its adoption, and may be considered a responsible agency under CEQA for the accompanying SEIR.
As the Town continues to recover from the Camp Fire and additional projects are presented, it is important to include mitigation measures required by the 2020 RTP/SCS as well as other regionally formulated policies. For example, pursuant to Resolution No. 2019-36, the Town adopted the Butte County Hazard Mitigation Plan. Specifically, the local-level VMT policies found 389
in the 2020 RTP/SCS are relevant to the pending adoption of the updated Housing Element, as the Housing Element addresses population return and must analyze the associated VMT impacts.
Adoption of the proposed VMT Policies is an additional step in assisting how Paradise addresses environmental issues as its population returns.
Analysis:
Senate Bill 743 updated the way that transportation impacts are measured in California for development projects, making sure they are built in a way that allow Californians additional options to drive less. This law moved transportation impact analysis away from vehicle ‘level of service’ (LOS) metrics to a new ‘vehicle miles traveled’ (VMT) metric by July 2020. BCAG has led the way, regionally, in coordinating with the local jurisdictions regarding the preparation of the 2020 RTP/SCS and the BCAG SB 743 Implementation Study, identifying strategies to be implemented by local jurisdictions through adopted policy that reduces VMT. The proposed VMT Policies are attached and incorporated as Exhibit “B” to the Resolution.
Many of the proposed VMT Policies - diversity of land uses, pedestrian and bicycle network improvements, are already incorporated into other Town policy documents such as the Housing Element, the Long-Term Recovery Plan, and the Draft Transportation Master Plan. As the Town works towards a fiber optic network accessible to all residents and businesses, as part of the 2021 Paradise Broadband Feasibility Study, VMT Policies surrounding telecommuting and alternative work schedules will become more feasible. BCAG has recently completed a study of unmet transit needs for the 2022/23 Transit Needs Assessment which will help them in determining where there is a need for increased transit services.
The proposed VMT Policies are consistent with the 1994 General Plan by working to further the following goals, policies, and implementation measures:
CG-6 (circulation goal) – Reduce reliance on the automobile by careful land use planning and encourage the use of non-automobile travel modes through a balanced and integrated set of land use and transportation planning policies.
CP-13 (circulation policy) – Automobile dependency within Paradise should be reduced for local residents and visitors by implementing congestion management and trip reduction plan programs that decrease the number of vehicle miles travelled which, in turn, reduces air pollution and congestion and saves energy.
CP-15 (circulation policy) – Expand public transportation services within Paradise and between Paradise and major employment centers as feasible, based on service demand and financial constraints.
LUI-14 (land use implementation measure) – Include provisions for mixed land uses in the town zoning ordinance.
LUP-46 (land use policy) – Higher density land use development shall be encouraged within and adjacent to the Central Commercial area to promote convenient and compatible concentration of residential and business activity, and to encourage use of alternative forms of transportation.
The 2020 RTP/SCS Final Supplemental EIR was certified and was not challenged. A program EIR is a plan-level document that analyzes environmental impacts of the 2020 RTP/SCS on a programmatic level. Project-specific impacts, such as the adoption of these VMT Policies as well as possible future transportation or other projects, then can be analyzed using its provisions. 390
The Resolution document addresses the environmental review for the project and adopts the CEQA Findings of Fact and Town of Paradise’s Statement of Overriding Considerations, attached and incorporated as Exhibit “A”.
Financial Impact:
The proposed adoption of the Resolution will not incur any additional general fund expenses. 391
EXHIBIT “A”
TOWN OF PARADISE
RESOLUTION NO. 2022-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE ADOPTING CEQA FINDING, ADOPTING THE TOWN OF PARADISE’S STATEMENT OF OVERRIDING
CONSIDERATIONS, AND THEREAFTER APPROVING ITS VMT POLICIES WHEREAS, the Town of Paradise is a member of BCAG and participated in the preparation and adoption of the 2020 update of the Butte County Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS); and
WHEREAS, as the Town recovers from the Camp Fire, it needs to adopt policies and procedures to anticipate and mitigate environmental issues which may arise from the return of its population, as well as to be in compliance with current environmental rules and regulations; and
WHEREAS, the Town has pending projects which require the initial adoption of such policies, specifically including but not limited to the adoption of the updated Housing Element; and
WHEREAS, the Butte County Association of Governments (BCAG) is the designated Metropolitan Planning Organization (MPO) comprised of six member agencies: Butte County, the cities of Biggs, Chico, Gridley, Oroville, and the Town of Paradise; and WHEREAS, BCAG is the agency responsible for maintaining a continuing, cooperative, and comprehensive transportation planning process which will result in a Regional Transportation Plan and Sustainable Communities Strategy pursuant to 23 U.S.C. 134(a) and (g), 49 U.S.C. §5303(f); 23 C.F.R. §450, and 49 C.F.R. §613; and
WHEREAS, BCAG was the Lead Agency in preparing the Regional Transportation Plan and Sustainable Communities Strategy and its supporting Supplemental program EIR in compliance with the California Environmental Quality Act (CEQA) [Cal. Pub. Res. Code § 21000 et seq.]; and WHEREAS, BCAG determined that a Supplemental program EIR (SEIR) consistent with CEQA Guidelines Section 15163 and pursuant to CEQA Guidelines Section 15168(a) was appropriate to assess the environmental impact of the 2020 Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS) for the Butte County region and thereafter that SEIR was circulated, reviewed and certified on or about December 10, 2020; and 392
TOWN OFPARADISE
RESOLUTION NO. 2022-__
2 WHEREAS, BCAG was the Lead Agency in preparing the Regional Transportation Plan and Sustainable Communities Strategy and its supporting Supplemental EIR in compliance with the California Environmental Quality Act (CEQA) [Cal. Pub. Res. Code § 21000 et seq.]; and WHEREAS, pursuant to Guidelines Section 15152 (2), use of the SEIR is appropriate for subsequent and narrower projects such as policies of a lesser scope and specific for the adoption of the VMT policies, which is the project here; and
WHEREAS, pursuant to Guidelines Section 15168(c), later activities in the program covered by the SEIR now must be examined by the Town to determine whether an additional environmental document must be prepared for its adoption of the VMT policies, and if the agency finds that there are no effects that were not examined in the program EIR, the environmental review for the project may tier from the SEIR pursuant to Guidelines Section 15162; and WHEREAS, the Town has examined the adoption of the VMT policies and finds that their adoption is within the scope of the SEIR based upon the provisions of the BCAG SEIR as referenced in this resolution and the Town’s adoption of the specific mitigation measures set out in the SEIR and consistency of the policies with the general plan and allowable land uses.
WHEREAS, because the Town is adopting the required VMT analysis and mitigation measures (Measure T-1)set out in the SEIR, tiering from that program EIR not only is appropriate but is required under Public Resources Code Section 21093 and 21094, which provide that to avoid repetition, wasted time and speculation, certain projects are intended to be tiered and overall impacts need not be reassessed, but the CEQA analysis may be based upon their tier 1 SEIR; and
WHEREAS, the adoption of the Town VMT policies is consistent with the provisions of the SEIR and is required by them; and
WHEREAS, the adoption of the Town VMT policies is consistent with the Town General Plan and zoning ordinance; and
WHEREAS, the adoption of the Town VMT policies does not make changes to existing or create new information necessitating additional environmental review at this time, and the application of the policies to each specific project will be reviewed with that project; and WHEREAS, it is appropriate for the Town to tier the environmental review for the adoption of the policies from the information in the SEIR; and WHEREAS, no Mitigation and Monitoring Plan is needed as the adoption of the policies constitute such a mitigation and monitoring plan; and
WHEREAS, pursuant to CEQA Guidelines Section 15093(b), where the decision of the public agency may cause the occurrence of significant effects which are identified in an EIR but 393
TOWN OFPARADISE
RESOLUTION NO. 2022-__
3 which cannot be avoided or substantially lessened, even with mitigation, the agency must issue a Statement of Overriding Considerations setting forth the specific reasons to support its actions based on the Final EIR or other information in the record; and WHEREAS, the Town cites the following BCAG analysisthat explains the basis for the State of Overriding Considerations:
Impact T-2 IMPLEMENTATION OF PROPOSED TRANSPORTATION IMPROVEMENTS UNDER THE 2020 RTP/SCS HAVE THE POTENTIAL TO INTERFERE WITH ACHIEVEMENT OF THE VMT REDUCTIONS SET FORTH IN CARB’S 2017 SCOPING PLAN. IMPACTS WOULD BE GREATER THAN THE 2016 RTP/SCS AND SIGNIFICANT AND UNAVOIDABLE.
The 2020 RTP/SCS is based on planned population and employment growth in Butte County, consistent with the General Plans of Butte County and the Cities of Biggs, Chico, Gridley, Oroville, and Paradise. In addition, since the BCAG travel demand forecasting model is used for the analysis of the 2020 RTP/SCS, regional employment and population forecasts and the corresponding transportation system of the 2020 RTP/SCS are also incorporated.
Table 4.9-1 provides estimates of total VMT generated for Butte County for each analyzed scenario. As shown in Table 4.9-1 compared to 2018 baseline conditions, the total VMT in Butte County would increase in 2040 regardless of the potential implementation of the 2020 RTP/SCS. This increase is due to regional population growth that would occur in the County independent of policy and land use decisions by BCAG. As compared to the 2040 No Project scenario, the 2020 RTP/SCS would decrease the total VMT in the region by approximately 14 percent.
The overall County data provided as part of Section 4.9 Transportation and Circulation includes information from Paradise. For example, maps on Figure 4.9-1 include roadways in Paradise and Section 4.9.1 indicates Bus Route 31 between Paradise and Oroville has been suspended as a result of the Camp Fire. The supplemental analysis regarding the Camp Fire provided along with the 2020 RTP/SCS indicates that the fire has caused increased trips as people travel to jobs from relocated homes and as equipment and building supplies come into Paradise. While Table 4.9-1 provides estimates of total VMT for Butte County, the results of that analysis are correct for Paradise.
Table 4.9-1 Total Vehicle Miles Traveled – Butte County Variable Baseline (2018) 2040 No Project 2040 Plus Project Total VMT1 4,705,417 6,216,655 5,332,327
% Change from Baseline N/A 32.1% 13.3%
% Change from No Project N/A N/A -14.2%
Population 227,621 319,342 265,964
Total VMT per Capita 20.7 19.5 20.0
394
TOWN OFPARADISE
RESOLUTION NO. 2022-__
4 % Change from Baseline -5.8% -3.4%
% Change from No Project 2.5%
1 Includes total VMT for Butte County, excluding external-to-external trips. Estimates and forecasts from 2020 MTP/SCS BCAG travel demand forecasting model.
Source: Appendix D
VMT per capita is a proxy for the SB 375 metric of GHG based on VMT within Butte County.
While total VMT is lower with implementation of the 2020 RTP/SCS when compared to the No Project scenario, VMT per capita is higher in the 2020 RTP/SCS scenario as compared to the No Project scenario. Total VMT is higher, while VMT per capita is lower because the No Project scenario estimate is based on the adopted 2016 RTP/SCS and includes a much higher population as result of decreased growth projected by the California Department of Finance and losses associated with the Camp Fire for the 2020 RTP/SCS. As a result, the forecast assumed more development and more dense development, including in the Paradise area than is analyzed in the 2020 RTP/SCS. The 2020 RTP/SCS assumes both lower population and lower population density with rebuilding in Paradise, which results in higher VMT per capita even with lower total VMT.
Compared to baseline 2018 conditions, VMT per capita is around three percent lower with implementation of the 2020 RTP/SCS.
The VMT per capita decline indicates that the projected land use and planned transportation improvements assumed in the 2020 RTP/SCS would effectively work together to improve system efficiency, as compared to 2018 baseline conditions.
Notwithstanding past and projected progress on VMT reductions in the BCAG region, recent progress reports on the state’s climate goals suggest that additional VMT reductions are required. Both in its target resetting process and in its 2018 progress report pursuant to SB 150, CARB noted:
• The regional 2035 GHG emissions reduction targets under SB 375 are not adequate to fully meet the goals of the state’s 2017 Climate Change Scoping Plan:
The Strategy for Achieving California’s 2030 Greenhouse Gas Target. As CARB noted, “An RTP/SCS that meets the applicable SB 375 targets alone will not produce the GHG emissions reductions necessary to meet state climate goals in 2030 nor in 2050.” CARB identified a 6 percent gap between the 19 percent emissions reductions targets set for the regions (over a base year of 2005) and the 25 percent reductions required to meet the Scoping Plan goal. • Much greater reductions in VMT will be required to meet the state climate goals for 2030 and 2050. CARB concluded that a 14.3 percent reduction in daily VMT per capita and a 16.8 percent reduction in light-duty VMT per capita (over current conditions; 2015-2018) was needed to meet these goals.
395
TOWN OFPARADISE
RESOLUTION NO. 2022-__
5 • California – at the state, regional, and local levels – has not yet gone far enough in making the systemic and structural changes to how we build and invest in communities that are needed to meet state climate goals. It will take collaboration among all these levels of government to achieve the state’s climate goals because the MPOs do not have the land use authority or resources to meet this challenge alone.
The 2020 RTP/SCS’s proposed three percent reduction in total VMT per capita by 2040 would not support achievement of the 14.3 percent identified by CARB statewide. As a result, the potential of the 2020 RTP/SCS land use pattern and transportation improvements to substantially interfere with achievement of the VMT reductions set forth in CARB’s 2017 Scoping Plan (as part of the regional strategy) is considered potentially significant.
With implementation of Mitigation Measure T-1, this impact would be reduced to less than significant for some projects, although additional state policy actions and funding would be required to close the gap at the state level. For projects proposing to streamline environmental review, lead agencies must conduct project-level analysis for each project to analyze whether, based on substantial evidence in the record, the proposed mitigation would reduce the impact to less than significant. However, BCAG cannot require Butte County and the cities of Biggs, Chico, Gridley, Oroville, and Paradise to adopt these mitigation measures, and it is ultimately the responsibility of these agencies to determine and adopt project-specific mitigation. Therefore, Impact 4.9-2 remains significant and unavoidable.
WHEREAS, the Town therefore adopts its own Notice/Statement of Overriding Considerations, as follows:
The Town of Paradise hereby finds that mitigation measures have been identified in the BCAG SEIR which are implemented by the Town’s VMT Policies will reduce the Project’s incremental contribution to the following significant cumulative impacts, but not to a less than significant level:
• Impact T-2; Mitigation Measure T-1
The Town adopts and makes this statement of overriding considerations concerning the Project’s unavoidable significant impacts to explain why the project’s benefits override and outweigh its unavoidable impacts.
The adoption of the VMT policies will still result in significant and unavoidable impacts because achievement of the vehicle miles traveled reductions set forth by the state cannot be accomplished as a result of the decreased population growth within Paradise and changed travel patterns per capita as a result of the Camp Fire, as well as overall state policies and related requirements as explained above.
396
TOWN OFPARADISE
RESOLUTION NO. 2022-__
6 Each benefit set forth below constitutes an overriding consideration warranting approval of the VMT Policies, independent of the other benefits, despite each and every unavoidable impact.
a. The implementation of the VMT Policies will assist with transportation and projects that will provide for a comprehensive transportation system that assist the Town in recovering from the Camp Fire.
b. The VMT Policies will assist in improving transportation mobility and accessibility in the county.
c. The VMT Policies will assist in improve air quality by reducing emissions of ozone precursors.
d. The VMT Policies will assist in setting policies that contribute to a reduction in greenhouse gas (GHG) emissions from passenger vehicles and light trucks as projects are implemented post-Camp Fire.
e. Adoption of the VMT Policies at this time will allow their inclusion in projects going forward as the Town recovers from the Camp Fire.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE that:
1. The Recitals set out above are true and correct.
2. The adoption of the Town’s VMT Policies was completed in compliance with the California Environmental Quality Act.
3. The Town Council has reviewed and considered the information contained in this Resolution and the attachments to it.
4. The findings reflect the Town Council’s independent judgment and analysis.
5. Based on and incorporating all of the foregoing recitals and findings supported by substantial evidence in the record and set forth in the “Findings and Statement of Overriding Considerations,” included here, the Town Council hereby tiers its environmental review from the BCAG Final SEIR for the 2020 RTP/SCS and instructs staff to file a Notice of Determination.
6. The Town Council hereby approves the Town’s VMT Policies in the form set out on Exhibit “B” and attached and incorporated by reference.
7. This Resolution shall be effective immediately.
397
TOWN OFPARADISE
RESOLUTION NO. 2022-__
7 PASSED AND ADOPTED by the Town Council of the Town of Paradise this 12 th day of April 2022
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Steve Crowder, Mayor
ATTEST:
_____________________________
Dina Volenski, Town Clerk
APPROVED AS TO FORM:
_____________________________
Scott E. Huber, Town Attorney
398
EXHIBIT “B”
Town of Paradise VMT Policies
The Town of Paradise will develop and implement the following policies as provided by the BCAG 2020 RTP/SCS and set out in the Final Supplemental EIR for that project (SEIR). Such policies will be implemented after the date of adoption as applicable in public and private projects in order to try to reach compliance with BCAG goals and with statewide VMT requirements. As these strategies are included in projects, any possible environmental impacts will be analyzed with the environmental review for that project.
1. Increase diversity of land uses – Staff will encourage the inclusion of mixed uses within the Town to minimize vehicle travel in terms of both the number of trips and the length of those trips. For example, as service businesses return to the Town, they may be located within walking distance of residential areas. Staff will advise potential developers of existing laws and regulation which promote diversity of land uses.
2. Provide pedestrian network improvements – This strategy follows upon the diversity of land uses by encouraging the creation of a pedestrian network connecting to nearby commercial destinations. This is particularly appropriate to connect proposed multifamily projects to nearby service businesses.
3. Provide traffic calming measures and low-stress bicycle network improvements –Traffic calming creates networks with low vehicle speeds and volumes that are more conducive to walking and bicycling. This includes identified bicycle lanes and parking that also are appropriate for e-bikes.
4. Implement car-sharing program – This strategy reduces the need to own a vehicle or reduces the number of vehicles owned by a household by making it convenient to access a shared vehicle for those trips where vehicle use is essential. Note that implementation of this strategy would require regional or local agency implementation and coordination and would not likely be applicable for individual development projects.
5. Increase transit service frequency and speed – This strategy focuses on improving transit service convenience and travel time competitiveness with driving. Given land use density in the Town, this strategy may be limited to traditional commuter transit where trips can be pooled at the start and end locations or require new forms of demand-responsive transit service. The demand-responsive service could be provided as subsidized trips by contracting to private Transportation Network Companies (TNCs, such as Uber, Lyft, and Via) or taxi companies. Alternatively, a public transit operator could provide the subsidized service but would need to improve on traditional cost effectiveness by relying on TNC ride-hailing technology, using smaller vehicles sized to demand, and flexible driver employment terms where drivers are paid by trip versus by hour. Note that implementation of this strategy would require regional or local agency implementation, 399
2 substantial changes to current transit practices, and would not likely be applicable for individual development projects.
6. Implement subsidized or discounted transit program – This strategy reduces the need to own a vehicle or reduces the number of vehicles owned by a household by incentivizing individuals to use transit for their daily commute. This strategy depends on the ultimate building tenants – whether residential landlords or businesses – and may require monitoring. This strategy also relies on B-Line continuing to provide similar or better service throughout the county, in terms of frequency and speed.
7. Encourage telecommuting and alternative work schedules – This strategy relies on effective internet access and speeds to individual project sites/buildings to provide the opportunity for telecommuting. The effectiveness of the strategy depends on the ultimate building tenants and the nature of work done by tenants’ employees (can the work be done remotely in the first place?); two factors that should be considered for potential VMT reduction. This strategy relies on the Town continuing to move forward towards the installation of town wide broadband infrastructure as reported in the 2021 Paradise Broadband Feasibility Study.
8. Provide ride-sharing programs – This strategy focuses on encouraging carpooling and vanpooling by project site/building tenants, which depends on the ultimate building tenants; this should be a factor in considering the potential VMT reduction. 400
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 6(e)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Communications Consultant Contract Recommendation
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Consider concurring with staff recommendation to award communication services contract to Blue Flamingo Marketing; and,
2. Authorizing the Town Manager to execute a 3-year contract with Blue Flamingo Marketing. (ROLL CALL VOTE)
Background:
As the Town initiated recovery after the Camp Fire and began the process of public input into the Long Term Community Recovery Plan in early 2019, it was determined that staff needed support in communication with residents. In February 2019, Town staff worked with 3Core to issue a Request for Proposals (RFP) for a communication strategy firm to assist with outreach and messaging during the recovery process. Seven proposals were received by the deadline in 2019, which were reviewed and scored by staff. Through that process, the local firm Blue Flamingo Marketing received the highest score and was determined to be the best fit for this effort.
Since that time Blue Flamingo Marketing has served as the Town’s communication consultant, supporting staff in all aspects of communication and marketing. Their initial contract with the Town was extended to continue these efforts, with their current contract term expiring March 31, 2022. With the contract expiring, the Town took the opportunity to issue a new request for proposals for future communications services.
An RFP was issued in March 2022, and was sent directly to each of the seven firms that responded to the initial RFP, in addition to being published on the Town’s website. As of the deadline, only one proposal was received, from Blue Flamingo Marketing.
Analysis:
Although theirs was the only proposal received by the deadline, the proposal submitted by Blue Flamingo was complete, showed direct and relevant experience, and is from a local firm. The budget proposed is reasonable. The RFP and proposal are attached to this staff report.
Staff recommends awarding the contract to Blue Flamingo Marketing based on their submitted proposal.
Financial Impact:
The contract cost is $55,560 per year for the three-year contract period and is budgeted in the Recovery and Economic Development Department.
401
COMMUNICATION SERVICES PROPOSAL
TOWN OF
PARADISE
March 2022 | © Blue Flamingo Marketing
402
© Blue Flamingo Marketing | 2
Blue Flamingo Marketing
1222 Esplanade Avenue
Chico, CA 95926
Attention: Valerie Reddemann
530.269.8322
[email protected]
Federal Tax ID: 38-4137638
Dear Ms. Curtis,
Thank you for the opportunity to submit our proposal for Communications Services for the Town of Paradise. It has been our pleasure to serve in the role of communications consultant for the Town over the past 3 years.
We are eager and ready to continue the work.
Outlined below in our proposal is a synopsis of the work completed thus far and ideas for the future. Team BF, as we like to call ourselves, is prepared to continue and bring fresh ideas and their execution as directed. We would be honored to continue in this role.
Thank you again for the opportunity to provide a proposal of services.
Sincerely,
Valerie Reddemann
President
Blue Flamingo Marketing
March 25, 2022
403
© Blue Flamingo Marketing | 3
Blue Flamingo is a
nimble and dynamic
creative messaging,
communications, and
public relations firm.
Team Blue Flamingo is here to help you
define your message, bring it to life, and give
the public a reason to engage.
We work with individuals, businesses,
government, and organizations who
recognize their success begins with
crystal-clear messaging. That means an
undeniable, irrefutable, make-no-mistake
commitment to core values.
Ask yourself this: are you ready to build a
public presence to be reckoned with?
we are bold
we are passionate
we are a whole lotta fun
404
© Blue Flamingo Marketing | 4
BOLD is our
favorite fourletter word
The secret sauce of any
successful business is a
clear core message.
Consider your favorite brand, company, or politician. What draws you to them? It’s undoubtedly their underlying message—the way they look, talk, act, and communicate all focus on a single message—and it’s one with which you feel connected.
Messaging is not a tagline or positioning statement. It’s not a quote or an “about us” statement.
Messaging is your internal compass. It informs every decision you make as a company, from marketing and sales to how you
communicate with employees, vendors, and customers.
Messaging defines, describes, inspires. It’s your playbook for success.
And best of all—given a sound messaging strategy, the rest becomes far easier. Communication is clear. Marketing plans and budgets take shape. Wasteful spending is eliminated. Social media engagement is simplified. Organizational culture and workplace dynamics fall into place.
You stand out and people notice. A Blue Flamingo is born.
If your organization is missing the secret sauce and a clear path forward for an extraordinary vision, Blue Flamingo can help. 405
© Blue Flamingo Marketing | 5
Who is Blue Flamingo
Local
Our team is rooted in Butte County, giving us
direct insight and perspective into the area of
Paradise. We bring to the table experienced
leadership with a long-held positive reputation
and extensive network in the business
community, involvement in local service
organizations, and relationships with
community, government, and educational
leaders throughout the north state and beyond.
These are all crucial in forming partnerships
and unique collaboration to get the word out.
We provide the opportunity to get connected in
areas outside of your typical circle.
Qualified
We are bold, we are passionate, and we’re a lot
of fun. Most importantly, we get results. On the
following pages you’ll find case studies that
showcase our depth of experience in cultivating
audiences, developing focused strategies,
creating compelling content and bringing the
message to life utilizing the most focused,
appropriate methods, and channels to drive
awareness, engagement, and action.
Trusted
Blue Flamingo has a solid relationship with
local media. From news directors to station
managers, producers, and reporters we have
built a reputation of trust. Media reads our
press releases, listens to our pitches, and
regularly reach out to us to help with lining up
interviews, gather information, or to brainstorm
story ideas. We have even provided content
(video / photo/ details) for them to use in their
news pieces when they couldn’t send a reporter
yet eager to cover our client’s stories. Our
media buy team members have built excellent
relationships maximizing dollar spend and
exposure.
Effective
Blue Flamingo brings 3 years experience
working with the Town of Paradise delivering
results along the way as demonstrated within
this proposal. This experience allows us to
completely remove onboarding time and insead
focus on developing effective marketing and
outreach programs focused on cultivating new
audiences, developing new marketing assets,
and bringing more businesses and residents
home to the ridge.
406
© Blue Flamingo Marketing | 6
Project Scope
We’re Ready
The Town of Paradise has made extraordinary progress since the devastating Camp Fire in 2018 - and Blue Flamingo has been proud to play a role in supporting and amplifying the efforts of the Town in bringing people and businesses home. As we enter into the next phase of economic development and rebuilding, communication, outreach and creative strategies will continue to play a critical role in the recovery of Paradise. Blue Flamingo is eager and ready to help continue the momentum in supporting the Recovery and Economic Development Director.
Services Required
Blue Flamingo (Team BF) has an existing protocol for developing and delivering messaging and communicating it to the public. Through established partnerships, collaboration, and local knowledge Team BF will ensure information for the Town of Paradise is easily accessible and understandable.
As outlined in the RFP, Blue Flamingo is experienced and prepared to coordinate information and messaging through the Town’s Recovery and Economic Development Department to Paradise citizens, local media, community stakeholders, local public agencies, along with State and Federal organizations, legislators and legislative staff, and other interested parties via the following tasks:
1. Designing marketing strategies and plans for recovery activities and resident/business attraction for the Town of Paradise, aimed at a dispersed population within Paradise, Butte County, the State and beyond.
2. Developing community education campaigns to support community recovery and public safety projects aimed at residents within Paradise as well as those who are displaced. A deep understanding of the local community and an established relationship with local media is strongly preferred.
3. Coordinating promotion of community meetings, small focus groups, public agency presentations, communications of actions by the Paradise Town Council, and other affiliated public bodies, news media briefings, press releases, updating related website information, social media, and other communication paths.
4. Organizing events: tours, press conferences/announcements, media briefings, press releases.
5. Supporting social media monitoring and analysis of news reports related to recovery effort.
6. Undertaking and maintaining communication archive folder(news/photos/promo/info material)
7. Updating related websites, Facebook page, and other information alternatives as directed.
8. Regular coordination with the Recovery and Economic Development Director. 407
© Blue Flamingo Marketing | 7
What We’ve Done
A lot has happened in the last 3 years.
Blue Flamingo was retained in early 2019 to assist with encouraging residents to return home and rebuild despite what seemed to be insurmountable hurdles to resurrect a town that had been 95% destroyed. In the beginning, it was all hands on deck. Our team dove in and worked alongside Town staff to help take a steady stream of information and ensure it reached residents.
Create Communication Processes + Develop Effective Channels Our first assignment was to design and execute a program to build trust between residents and the Town. During a crisis, the flow of consistent, clear, and accurate information is key - delivered in an authentic, human voice. The next step was to support residents by relaying crucial information during the debris removal process to keep them informed of the progress.
We began work to help simplify the home rebuilding process by providing clear, easy to understand information using a range of communication platforms. Current displaced residents were surveyed to better understand needs to fill in gaps found with those located outside the immediate area.
Build Momentum
Next assignment - amplify the message that Paradise was ready for people to come home.
Our team transformed MakeitParadise.org from its original state as a site for the community vision to the official Town of Paradise rebuilding website. Content included building checklists, informational guides, and other relevant information designed to ease the burden of rebuilding. The website featured a blog which is continually updated with content and videos.
To amplify reach, we utilized social channels and leverage local organizations such as the zone captains to connect, communicate and engage with residents. For those offline or located in rural areas, we identified public gathering spots and provided printed materials, posters, etc.
When facts are missing, people will fill in the gap with information they hear on the street, hypothesize, or assume. To help mitigate the rumor mill, we organized, managed logistics, and promoted monthly community information meetings. Available online and via streaming to Facebook and then YouTube, thousands of residents were able to get the information needed. 408
© Blue Flamingo Marketing | 8
What We’ve Done
Grassroot community support groups were cultivated and collaboration further bloomed building additional communication gateways to reach residents wherever they might be.
Weekly PR updates and story ideas were pitched to local and national media outlets, including live updates each week on the local news station. Public official media appearances were coordinated by Blue Flamingo. Weekly email campaigns were initiated to keep residents updated on rebuild information and help facilitate their return home.
And Then, There Were Trees
Blue Flamingo assisted the Town Manager, Recovery Director, and Staff to help simplify information related to tree removal. Regular meetings with CalOES and CalRecycle provided a direct, clear line of communication and collaboration in sharing consistent information to the public.
Informational materials were created, videos were filmed, social media was deployed and community meetings were held. Blue Flamingo’s role was to be the eyes and ears for incoming information, create information to provide clarity and understanding, as well as the communication amplifiers.
Paradise is Open for Business
Rebuilding is full speed ahead. At the direction of the Recovery and Economic Development director, Team BF has been hard at work to tell the story of Paradise with the goal to inspire and motivate both people and business to move back or move to Paradise. Through written story, videos, collateral, etc. information has created to let the world know Paradise is open for business.
Keeping a steady stream of information flowing is mission critical to keep Paradise at the forefront of decision makers. Potential investors, grant funders, residents, business - they all need to know Paradise is the place where their time, energy and resources belong. 409
© Blue Flamingo Marketing | 9
What We’ve Done
Never Forget to Celebrate + Capture Milestones
1st anniversary event - Blue Flamingo organized and executed a full day of events that welcomed thousands. It was one of the most emotional, meaningful and fulfilling events we have ever done. We were honored to help with logistics so Town staff and supporting organizations could participate as residents.
1,000th Permit, 1st COO, last hazard tree felling, 1,000th COO - all big milestones in the Town’s recovery. Team BF arranged mini-celebrations to honor and capture each event. 2nd & 3rd Anniversaries - videos, content, daffodil giveaways. Blue Flamingo provided support as needed to build positive experiences.
Fire truck dedications, public events, evacuation drills - Blue Flamingo was there to help capture it all on film, imagery, and written word.
Additional Noteworthy Communication Efforts
Consistent and persistent is a mantra we live by. In April 2019, the “weekly update” made its debut.
Since then, reliable information has been distributed to Paradise residents (near and far), government agencies, partner organization and most importantly kept Paradise’s recovery at the forefront of importance in everyday life.
● 155 Consecutive Weeks = 35 months
● 3.5M+ TV Views
● 3.1M+ Radio listenership
● ~ 700,000 individual emails sent
410
© Blue Flamingo Marketing | 10
APRIL 2019 - TODAY
Highlights of
Work:
● Video
● Website Redesign July 2019
● Website Redesign March 2022
● Rebrand Make it Paradise logo
● Custom Photography library
● Crisis communication
● Event communication
● Public education
● Rebuild resource library
● Weekly email, radio + TV update distribution
● Custom recovery graphics
● Monthly blog
● Community engagement through live events
● Media Management
● Local business
engagement
● Partnership organization
engagement
● Community fire
prevention education
● Rebuild milestone events
● Special events
● Economic Development
strategy
411
© Blue Flamingo Marketing | 412 11
© Blue Flamingo Marketing | 413 12
© Blue Flamingo Marketing | 414 13
© Blue Flamingo Marketing | 415 14
© Blue Flamingo Marketing | 15
C A S E S T U D Y
Be Ready Butte!
The Project
Create a County Wide Public Outreach + Education Campaign focused on Wildfire Preparation to inspire behavior change with the goal to save lives and property.
Ready, Set, Go… similar to the 1970s campaign Stop, Drop and Roll has become a nationwide combined call to action and lesson. Blue Flamingo was tasked to take a broad subject matter and tailor it to resonate with Butte County. Messaging to a rural community is very different from that of an urban area. In order to inspire behavior change and ultimately, action, the messaging must be both relevant and relatable.
The campaign was delivered over a 3 month period with the goal of reaching every Butte County resident over the age of 18. A combination of digital, offline, and in person channels were utilized to broaden the reach and capture multiple impressions.
Based in Butte County, Blue Flamingo knows the area, and the target audience. Having worked with Paradise Fire Department on a previous community engagement campaign, we further honed that targeted messaging for maximum impact.
Blue Flamingo’s extensive network was tapped as we partnered with local organizations to extend the campaign reach with localized, interest based messaging. This personalized approach amplified our media reach and allowed the message to connect deeper and with more effectiveness.
The Outcome
14 Million total
impressions
400K Digital +
Social
Impressions
Household
Education
Initiative was born
416
© Blue Flamingo Marketing | 16
C A S E S T U D Y
Choose Chico
The Project
The Choose Chico community campaign started in 2014 with a proposed solution to a growing challenge: How do we promote economic development without a position at City Hall? Answer: we create an engaging community driven campaign to promote Chico as the premier place to live, work and play. Started in collaboration with Chabin Concepts, the idea was pitched to City management to create a campaign designed to spur love of community and a strong sense of civic pride.
Businesses would help support the launch (City funds were extremely limited) and community involvement would fuel the movement.
Together, Chabin and Blue Flamingo created a brand (logo/style guide) and pitch deck and then began meeting with local companies to garner support. Once seed money was raised, Chabin Concepts took on the role to complete the “Chico by the Numbers” demographic report and Blue Flamingo took on completing the website, video, social media, and branded materials. ChooseChico.com was launched with a fanfare of media, billboards, radio and collateral. It was soon followed by the Choose Chico video which told the story of why someone should not only move here, but stay here.
ChooseChico.com was launched with a fanfare of media, billboards, radio and collateral.
The Outcome
360,000 video
views
Top google
search:
“Choose Chico”
417
© Blue Flamingo Marketing | 17
The Future
It’s a New Day.
The Town of Paradise is on a strong path forward - the key is to maintain the momentum.
Over 6,000 residents have moved back (or to) Paradise. The pace has been remarkable - outperforming initial projections. This is tantamount to the incredible work and tenacity of Paradise residents, Town staff, and many others who have played a crucial role in the recovery process. More than ever, communications, outreach, and attraction marketing are needed to keep the Town moving forward. So how do we do that? Move with intention and direction.
Consistent & Persistent.
As the Town continues and increases its efforts in economic development, Blue Flamingo is poised to assist the Recovery and Economic Development Director in continuing to amplify communication critical to Paradise residents, businesses, and other stakeholders interested in the rebuilding process.
Whether through the established weekly update via email and news outlets, to assisting with the engagement of media (local and beyond) and coordinating and promoting well attended events such as the quarterly community information meetings, continuing with clear communication is key. Our mantra is consistent and persistent - and one we have lived by over the last 3 years in our role as the Town’s communication consultants. It’s more important than ever to stay on course to keep your target audiences engaged.
Our team is in constant communication with local media - pitching ideas, coordinating media appearances, organizing coverage for press conferences and meetings, sometimes providing footage and copy for a story when news stations are unable to send a reporter. We do what it takes to keep Paradise top of mind.
A great way to keep people engaged? Tell them a story. Paradise is filled with attention-worthy happenings. From the courage and perseverance of business owners rebuilding against all odds to residents who despite having experienced their own personal tragedy, give of themselves to help the community recover. Blue Flamingo has continued to share these stories on the makeitparadise.org website and through established channels to both inspire and motivate others to call Paradise home. 418
© Blue Flamingo Marketing | 18
The Future
It’s Not Anywhere USA. It’s Paradise, USA.
As the Town moves headlong into bringing more businesses and residents to the ridge, it’s now time to deliver creative strategies for Paradise to stand out from the rest. There is a lot of competition for new businesses, residents, and funds. Blue Flamingo has helped to set the stage by working with the Recovery and Economic Development Director to create the “It’s a New Day” economic development campaign to showcase the distinct personality and advantages the community has to offer. The overarching message? You belong here.
The first It’s A New Day video launched on the 3rd anniversary via Facebook. It has since reached over 52,000 people, been viewed over 25,000 times, shared 767 times and over 3,000 people have engaged with the post. This has been purely organic in nature. Video 2 focusing on residents and lifesty is to be released soon.
The newest version of MakeitParadise.org has recently gone live. This updated website positions Paradise as a place of opportunity - highlighting key differentiators and helping potential businesses and residents see themselves thriving in your community.
Featuring fresh custom photography, stories, communication updates, project updates, resources for business and residents, it’s used as the central hub for the following:
● Resources for new businesses looking to return, build, or locate to Paradise. ● Resources and inspiration for residents to call Paradise home. ● A tool used by funders, organizations, legislators, and media to bring attention and resources to the community.
Your website is an essential part of the outreach plan to bring businesses, investors and residents to Paradise.
Economic Development in 2022 is a new animal. It requires a similar approach as business development - message first followed by outlining a clear path to success. Blue Flamingo has been working with the Recovery and Economic Development Director on ways in which to stand out and get noticed. We are excited to help keep the momentum.
419
© Blue Flamingo Marketing | 19
How We’ll Get There
● Working under the direction of the Recovery and Economic Development Director, Blue Flamingo will provide ongoing communication strategy and execution to ensure the message is relevant, fresh, and distributed in the most effective manner possible.
Deliverable: Communications strategy documents, recommendations, pitching and managing media relationships to maintain/expand communication opportunities, communication efforts (emails, media, etc) weekly meetings with the Recovery and Economic Development Director, reporting as requested.
● Community Engagement & Education : word of mouth is the most effective way to get someone's attention. This is achieved through building strong community relations that invoke trust and a willingness to engage. Utilizing our established networks, Blue Flamingo will tap into resources to create opportunities for information and education around recovery and public safety to happen in an organic, authentic way that propels residents (local and beyond) to listen, learn and act.
Deliverable: Supporter database management, social + local listening, community education campaign management & creative creation, crisis communication, earned media opportunity gathering, cultivating opportunities to build Town advocates. ● Economic Development Outreach: Work with the Recovery and Economic Development Director to create engaging economic development materials and outreach methods to attract suitable businesses to Paradise.
Deliverable: Strategy and creative content such as video, graphics, collateral, social media ads, content, as well as campaign management and analytics. ● Marketing Activities: Blue Flamingo will continue to provide ideas and execution of marketing and outreach activities to share information, encourage attendance, share good news, or take a specific action such as participation in a survey.
Deliverable: Explainer videos, meeting presentations, educational material, digital, print, interactive and static designs needed to accompany the message and amplify the goal. ● Host in-person and virtual events as needed to reach residents in the method most accessible to them.
Deliverable: event organization including planning logistics, event communications + promotion, day of event management including live streaming technology and A/V as needed.
● Management: Experience has taught us the importance of being in the room when conversations are being had to capture sentiment and identify areas of opportunity for information clarity. Team BF leadership will be present at key meetings as requested by the Town as well as orchestrate conversations with community influencers to educate and cultivate Town advocates. These one-on-one conversations are where questions are answered, rumors are squelched, and trust is built.
420
© Blue Flamingo Marketing | 20
Rates & Investment
Rates for Service:
Strategy, action plans, research $130.00 / hour
Project / Media Management $115.00 / hour
Creative Services (content/graphics/digital) $125.00 / hour Social Media, Event Coordination $85.00 / hour
Estimated annual amount not to exceed $55,560 per year for 3 years.
Staff Availability
Blue Flamingo’s staff has demonstrated consistent availability over the past 3 years. Valerie Reddemann and Lindsay Steinberg, owners of Blue Flamingo, are the lead team members assigned to the Town of Paradise. This will not change.
Jessica Rowe (Project Manager) and Laurie Kaplan (Content Manager) will continue on the account in their leadership roles.
Insurance
The Town of Paradise has current insurance information for Blue Flamingo on file.
We meet and exceed the required coverage to perform designated work. 421
© Blue Flamingo Marketing | 21
The ROI
Consistent, amplified communication methods.
Mitigation of rumor mill through proactive communication.
Steer public perception of the rebuild to one of curiosity, excitement, and support.
Build a pipeline of interested businesses, investors, and builders looking to help Paradise grow.
Returning and new residents excited about the
opportunity Paradise presents.
A consistent stream of information that’s on brand, and on message.
An engaged public that feels connected, heard and
in-touch.
Excitement.
Momentum.
Growth.
A growing tax base contributing to a thriving, energetic local economy.
422
© Blue Flamingo Marketing | 22
our services
Communications +
Marketing Strategy
Marketing without a strategy is like playing darts in
the dark. We work with you to craft communication
strategies delivered via targeted, actionable
marketing tactics coupled with metrics. Otherwise,
how do you know if you’re saying the right things to
the right people?
Content Creation
Effective contact drives measurable results. Content
in all its forms - blogs, website copy, videos, audio,
media ad production, sales collateral, social graphics, and more. We do it all. Our team of talented
creatives build content tailored to your brand, your
goals and your target audience.
Creative Workshops
Saying one thing in your marketing but doing another
in your day-to-day operations is both damaging to
your reputation and to your bottom line. Our
customized, creative workshops get everyone on the
same page creating alignment and momentum in all
of your marketing efforts. They’re fun, engaging and
a great way to kick off a new marketing initiative.
Crisis Communication
When a crisis hits, we have your back. We
understand what to say, what to do, and how to
navigate a tough situation with professionalism and
grace.
Graphic + Web Design
Compelling visuals bring your message to life. From
print collateral to website and social media, your
brand look & feel will convey your message that’s
consistent and on-point. The BF creative team isn’t
afraid to draw outside the lines. It’s what takes a
brand from good to great.
Messaging
Messaging is not a tagline or positioning statement.
It’s not a quote or an “about us” statement. Let us
create your messaging framework that will define,
inspire, and connect you with your audiences. It’s
your playbook for success.
423
© Blue Flamingo Marketing | 23
Valerie Reddemann
Experience
President
Blue Flamingo Marketing
JAN 2014 - PRESENT
Blue Flamingo is a creative messaging, communications, and public relations firm known for helping businesses stand out and get noticed.
As President, Responsibilities include leading the organization's vision, management, and strategy.
Professional Trainer: Marketing & Social Media
Butte College
2012 - 2017
● Developed and conducted training for professionals covering strategy, content creation/management,messaging, PR, social media, and marketing ROI. ● Workshops received high ratings of satisfaction.
Director of Sales & Marketing
SynMedia
2012 - 2013
● Digital Marketing agency specializing in social media management & branding for restaurant, hospitality and entertainment industries.
● Responsible for developing client strategies, business development / new revenue streams, and
● agency branding.
President | Marketing | Founder
Greenfeet.com
1997 - 2012
Online retailer of thousands of home and garden products to promote a sustainable lifestyle.
Responsibilities & Accomplishments:
● General management, vision, strategic planning
● Marketing (online/offline), branding, user experience, public relations ● Numerous business awards, regular print columns, television segments, national/local TV and ● Radio appearances
● Co-hosted the popular More Hip Than Hippie podcast which enjoyed a nearly 6 year run, a world-wide audience, and over 1 million downloads.
424
© Blue Flamingo Marketing | 24
Honors and Awards
2014 Recipient, Mentor of the Year Award
Young Professionals Organization of the Chico Chamber of Commerce 2016 Jeanne Posey Business Woman of the Year Award
Chico Chamber of Commerce
2010 Chairman's Award
Chico Chamber of Commerce
For exemplary service to the Chico Chamber of Commerce
2008 Entrepreneur of the Year
Chico Chamber of Commerce
In recognition of exceptional commitment, development, growth, and success of Greenfeet.com Skills
Marketing Digital Marketing
E-commerce Public Relations
Entrepreneurship Social Media Marketing
Online Marketing Social Media
Marketing Strategy Copywriting
Education
California State University-Sacramento
B.S., Marketing
1988 - 1990
Santa Rosa Junior College
Associate of Arts (AA), Business Administration and Management, General 1985 - 1987
425
© Blue Flamingo Marketing | 25
Lindsay Steinberg
Experience
Vice President
Blue Flamingo Marketing
JAN 2018 - PRESENT
Collaborate and Assist President and CEO in:
● Marketing and messaging strategy
● Messaging assessment programs
● Creation and execution of action plans driven by metric based performance Sr. Account Manager / Director of Business Development
Videomaker, Inc.
2016 - 2020
● Responsible for design and execution of strategies targeting increased business for Videomaker advertising.
● Clients include multiple product categories with annual revenue in the millions ● Authority for financial negotiations/creative strategies needed for client budget management ● Lead on creation of influencer programs to partner talent with client persona/customer needs ● Lead generation driven by use of analytics to assure focus on best revenue opportunities Account Manager
The Creative Group
2012 - 2013
● Responsible for design and execution of strategies targeting increased business for The Creative Group with Microsoft
● Efforts to date have tripled TCG’s employee placements ● Authority for financial negotiations/creative strategies needed for client budget management ● Lead generation driven by use of analytics and year-over-year data to assure focus on best revenue opportunities
● Special focus on social media marketing and industry recruiting events created in conjunction with national non-profit organizations
426
© Blue Flamingo Marketing | 26
Senior Creative Recruiter
The Creative Group
● Senior Digital Recruiter//Creative Recruiter | The Creative Group Top performer who specialized in growing independent book of business with highly
● Skilled creative, interactive design and marketing professionals Placements generated using direct client communication, process coordination and
● Relationship management Special focus on social media marketing and industry recruiting events created in conjunction with national non-profit organization Retail Marketing + Sales Development
Clarisonic, a L’Oreal company
2012 - 2014
● Strategized, planned and activated on-premise sales and product awareness marketing programs. ● Developed promotional materials and programs positioning Clarisonic products to on premise accounts including in store visual display, informational pamphlets, customer interactive product awareness activities, customer bounce back incentives
● Expertly managed all components of large scale corporate events including scheduling, vendor coordination, break-out activities, food and beverage, and gifts. ● Independent retailer sales support and monthly sales performance analysis.
Assistant to the CEO/Membership Sales
San Luis Obispo Chamber of Commerce
2003 - 2011
● Coordinated relationships with government entities and external partner organizations ● Facilitated event promotions, participant sales, logistics and customer experience ● Relationship management, retention, and member incentives Account Coordinator
Barnett Cox & Associates
2005 - 2011
● Coordination of accounts campaign strategy and go-to-market plan. ● Media monitoring for range of clients
● Grassroots advocacy, community awareness, tourism proposals, campaign promotion ● Accounts included:
○ Chevron, Target, Morro Bay, California Mid-State Fair Education
California State University, Chico
Bachelor of Arts, Communication: 2010
Emphasis: Public Affairs
Minor, Special Events and Planning
427
Thank
You
(530) 210-2391
1222 Esplanade Ave Chico, California 95926
blueflamingomarketing.com
428
TOWN OF PARADISE
REQUEST FOR PROPOSALS
For
PROFESSIONAL COMMUNICATION
SERVICES
Colette Curtis
Recovery and Economic
Development Director
Town of Paradise
5555 Skyway
Paradise, CA 95969 429
TOWN OF PARADISE
REQUEST FOR PROPOSALS
PROFESSIONAL COMMUNICATION
SERVICES
I. INTRODUCTION
The Town of Paradise (Town) is requesting proposals from marketing or communication firms for professional communication and marketing services for the Town of Paradise for a three (3) year contract period from April 13, 2022 to April 13, 2025.
There is no expressed or implied obligation for the Town of Paradise to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt.
To be considered, the Town Clerk at 5555 Skyway, Paradise, CA 95969 by 5:00 P.M. on March 28, 2022, must receive three (3) copies of the proposal. The outside of the envelope should be marked: “COMMUNICATION SERVICES PROPOSAL” and if possible, please include a CD with a PDF document of the proposal. The Town reserves the right to reject any or all proposals submitted.
During the evaluation process, the Town of Paradise reserves the right, where it may serve the Town’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the Town of Paradise, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
The Town reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the Town of Paradise and the firm selected.
It is anticipated the selection of a firm will be completed by April 5, 2022. Following the notification of the selected firm, a recommendation and proposed contract will be prepared for review and approval by the Town Council at its April 12, 2022 meeting. The Town reserves theright to reject any or all proposals, to waive any non-material irregularities or information in any proposal, and to accept or reject any items or combination of items.
430
Town of Paradise
RFP for Communication Services Page 3
II. NATURE OF SERVICES REQUIRED
A. Scope of the Work to be performed
1. The communications or marketing firm will work to coordinate information and messaging through the Town’s Recovery and Economic Development Department to Paradise citizens, local media, community stakeholders, local public agencies, along with State and Federal organizations, legislators and legislative staff, and other interested parties. Tasks may include, but not be limited to the following:
a) Designing marketing strategies and plans for recovery activities, and resident/business attraction for the Town of Paradise, aimed at a dispersed population within Paradise, Butte County, the State and beyond. b) Developing community education campaigns to support community recovery and public safety projects aimed at residents within Paradise as well as those who are displaced. A deep understanding of the local community and an established relationship with local media is strongly preferred. c) Coordinating promotion of community meetings, small focus groups, public agency presentations, communication of actions by the Paradise Town Council, and other affiliated public bodies, news media briefings, press releases, updating related website information, social media, and other communication paths;
d) Organizing events such as tours, press conferences, media briefings, event announcements, and related press releases and notifications; e) Supporting daily conventional and social media monitoring and analysis of news reports related to the Paradise recovery effort;
f) Undertaking and maintaining a Paradise communication archive folder including photos, news articles, promotional and informational material; g) Updating related websites, Facebook page, and other informational alternatives, as applicable;
h) Regular coordination with the Recovery and Economic Development Director.
III. General Information
A. Background Information
The Town of Paradise is located in beautiful northern California, in Butte County, approximately 90 miles north of Sacramento. The Town of Paradise is a full service Town with over 6,000 residents. Incorporated in 1979, the Town provides a wide range of municipal services, including police and fire protection, community planning, building and safety, street maintenance, and onsite wastewater monitoring services. The Town is managed under the Council/Town Manager form of government. The annual operating and capital budgets total approximately $66 million, including $15 million in the General Fund. It has a work force of 71 full-time and 12 part-time employees. The Town’s fiscal year begins on July 1 and ends on June 30. 431
Town of Paradise
RFP for Communication Services Page 4
IV. PROPOSAL REQUIREMENTS
A. General Requirements
1. Inquiries concerning the Request for Proposals and the subject of the Request for Proposals must be made to:
Colette Curtis
Recovery and Economic
Development Director
5555 Skyway
Paradise, CA 95969
(530) 872-6291 x 112
[email protected]
2. Three (3) copies of the Proposal shall be received by the office of the Town Clerk of the Town of Paradise by 5:00 p.m. on March 28, 2022 for a proposal to be considered. The Proposal should address the items listed in sections B below.
The Proposal should be addressed as follows:
“Communication Services
Proposal”
Town of Paradise
Attn: Town Clerk
5555 Skyway
Paradise, CA 95969
B. Proposal Content
Consultants are required to submit a comprehensive proposal for all services. You may assemble sub-consultants to cover all services, but the lead consultant shall be accountable to the Town for all work elements including those done by sub-consultants. All proposals shall comply with the following requirements. Failure to comply with the requirements shall be grounds for the rejection of a proposal.
1. A brief history and summary of qualifications of consultant sub-consultants.
2. Experience working with local government and news media forms.
3. Describe personnel experience and availability. Include resumes of the personnel who would be assigned to perform the services described and their availability.
4. Hourly fee schedule.
C. Insurance
The firm to whom a contract is awarded will be required to furnish Town with evidence of insurance coverage’s, including general liability, professional liability, and workers compensation, as appropriate. The Town will keep this information on file.
D. Selection Process
The Town will review the proposals based on the following consultant selection criteria:
432
Town of Paradise
RFP for Communication Services Page 5
Quality of the proposal
General firm and individual experience
Specific public relations and communication experience Capacity to perform the specific tasks outlined in the scope of work Staff availability
Fee schedule
433
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 6(f)
ORIGINATED BY: Tony Lindsey, Community Development Director – Building & Code Enforcement
REVIEWED BY: Kevin Phillips, Town Manager
Scott Huber, Town Attorney
SUBJECT: Consider Introducing an Ordinance Amending Section
8.58.080 of the Paradise Municipal Code Relating to
Defensible Space and Hazardous Fuel Management
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Upon conclusion of public discussion of an Ordinance amending Section
8.58.080 of the Paradise Municipal Code relating to Defensible Space and Hazardous Fuel Management, adopt either the recommended action or an alternative action: and,
2. Consider waiving the first reading of Town Ordinance No. ______and read by title only; and,
3. Introduce Town Ordinance No. _____. “An Ordinance Amending Paradise Municipal Code Section 8.58.060 Relating to Defensible Space and Hazardous Fuel Management”; or,
4. Adopt an alternative directive to Town staff. (ROLL CALL VOTE) Background:
Attached with this council agenda summary for your consideration and recommended adoption for introduction purposes is a copy of an ordinance document recently prepared by town staff and reviewed by the Town Manager and Town Attorney. The recommended text amendments to the ordinance are shown in “shaded” (additions) font.
During the March 8th, 2022 Council meeting, Council gave direction to staff to amend Paradise Municipal Code (PMC)Section 8.58.060 relating to Defensible Space and Hazardous Fuel Management to make the Defensible Space Certificate of Compliance valid for 90 days from the inspection date.
Analysis:
The attached ordinance proposes to amend Section 8.58.060 of the PMC relating to defensible space and hazardous fuel management requirements to enhance the health and safety of the Town’s “Post Camp Fire” community.
The ordinance would amend section 8.58.060 subsection E as follows:
434
E. On and after April 1, 2022, and prior to the transfer of ownership of a parcel from a seller to a buyer or from one owner to another, the seller or owner shall first obtain a certificate of compliance from the Town that the parcel is not in violation of this section prior to the transfer of ownership. Any issued Certificate of Compliance shall remain valid for 90 days from the inspection date and may be used to open escrow without payment of an additional Certificate of Compliance fee.
Lastly, the Town Planning Director has determined that this proposed ordinance is a class of projects that have been determined not to have a significant effect on the environment. Therefore, the proposed ordinance action is exempt from the requirements of the California Environmental Quality Act (CEQA), according to CEQA Guidelines section 15308 (Actions by Regulatory Agencies for Protection of the Environment). NOTE: This subject CEQA determination finding is embodied within the attached proposed ordinance document.
Financial Impact:
There is no financial impact associated with the first reading and introduction of the ordinance.
LIST OF ATTACHMENTS
1. Ordinance No. _____”An Ordinance Amending Paradise Municipal Code Section
8.58.060 Relating to Defensible Space and Hazardous Fuel Management”. 435
TOWN OF PARADISE
ORDINANCE NO. ___
AN ORDINANCE AMENDING PARADISE MUNCIPAL CODE SECTION 8.58.060 RELATING TO
DEFENSIBLE SPACE AND HAZARDOUS FUEL MANAGEMENT
SECTION 1. Section 8.58.060 of the Paradise Municipal Code is amended to read as follows:
8.58.060 Defensible Space/Hazardous Fuel Management Requirements A. Any person that owns, leases, controls, operates, or maintains any real property in the Town of Paradise shall continuously do the following:
1. Maintain immediately around and adjacent to any building or structure free of combustible materials. Combustible materials shall not be stored under decks and the area under decks shall be maintained free of vegetative material.
Fencing material constructed of combustible material shall not be within five (5) feet from any structure. Only low-growing vegetation with high-moisture content, such as flowers and ground covers and green lawns, free of dead vegetative debris, shall be allowed within five (5) feet of any structure.
2. Remove or prune flammable plants and shrubs near windows and under eave vents (a recommended no-planting zone).
3. Clean roofs and gutters of dead leaves, debris and pine needles. In addition to the management of combustible material around a structure, the following shall be required: 1) Replace or repair any loose or missing shingles or roof tiles to prevent ember penetration. 2) Provide and maintain a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings that are not more than 1/2 inch.
4. Maintain an area adjacent to any structure with a one-hundred (100)-foot fire break made by removing and clearing away all flammable vegetation or other combustible growth from the structure on each side thereof or to the property line, whichever is closer. Within the one hundred (100)-foot fire break: 1) weeds and dry grass shall be required to be mowed to a height of four (4) inches; 2) ladder fuels (vegetation, brush and small trees under mature trees) shall be removed; 3) trees shall be pruned up to six (6) feet from the ground. For shorter height trees, pruning shall not exceed 1/3 of the overall tree height. Tree placement shall be planned to ensure the mature canopy is no closer than ten (10) feet to the edge of the structure. Trees and shrubs shall be limited to small clusters of a few each to break up the continuity of the vegetation across the landscape. This subsection does not apply to single tree specimens, ornamental shrubbery, or similar plants which are used as ground cover and provided they 436
do not form a means of rapidly transmitting fire from the native growth to any building or structure.
5. Remove the portion of any tree which extends within ten (10) feet of the outlet of any chimney or stovepipe. Maintain any tree adjacent to or overhanging any structure free of dead and dying wood.
6. Clear flammable vegetation on each side of a street or driveway for a horizontal distance of ten (10) feet and a vertical height of fourteen (14) feet. Cut vegetation within ten (10) feet of a street or driveway on the property to four (4) inches above ground. The Fire Chief, or his or her designee, may require a distance greater than ten (10) feet. This applies to public and private driveway(s) and any public or private streets that border or bisect property.
B. No property owner shall permit on improved or unimproved parcel any accumulation of combustible materials, dead, dying or diseased trees, or green waste within thirty (30) feet of the property line when such accumulation endangers or encroaches on the required Defensible Space for structures or buildings on an adjacent property. The Fire Chief, or his or her designee, may require a distance greater than thirty (30) feet but not to exceed one hundred (100) feet, when it is determined that the greater distance is necessary to provide Defensible Space for structures or building on an adjacent property.
C. An unimproved parcel of one and one-half (1.5) acres or less in size shall be required to provide fuel modification to the entire parcel. Fuel modification requirements shall consist of the following:
1. Weeds, dry grass and brush are required to be mowed to a height of four (4) inches.
2. Ladder fuels (vegetation, brush and small trees under mature trees) shall be removed.
3. Trees shall be pruned up to six (6) feet from the ground. For shorter height trees, pruning shall not exceed one-third (⅓) of the overall tree height.
Tree placement shall be planned to ensure the mature canopy is no closer than ten (10) feet to the edge of any structure.
Unimproved parcels greater than one and one-half (1.5) acres in size shall be required to maintain a fuel break a minimum thirty (30) feet from the property line. The fuel break requirements shall consist of the same requirements as unimproved parcel of one and one-half (1.5) acres or less.
D. In the event the fire chief, or his or her designee, finds that additional fuel management is necessary to significantly reduce the risk of transmission of flame or heat to adjacent properties and means of egress and ingress, the fire chief, or his or her designee, may mandate fuel modification of an area more or less than the preceding widths or heights of this section.
437
E. On and after April 1, 2022, and prior to the transfer of ownership of a parcel from a seller to a buyer, or from one owner to another, the seller or owner shall first obtain a certificate of compliance from the Town that the parcel is not in violation of this section prior to the transfer of ownership. Any issued Certificate of Compliance shall remain valid for 90 days from the inspection date and may be used to open escrow without payment of an additional Certificate of Compliance fee.
F. Grazing animals (limited to goats and/or sheep) utilized for weed abatement may graze open and other appropriate areas of natural vegetation for a period not to exceed sixty (60) days in a calendar year.
SECTION 2. Pursuant to California Environmental Quality Act (CEQA) Guidelines section 15308 this ordinance is exempt from CEQA in that it is a Class 8 categorical exemption for actions taken by a regulatory agency to establish procedures for the protection of the environment.
SECTION 3. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.
PASSED AND ADOPTED BY THE Town Council of the Town of Paradise, County of Butte, State of California, on this ___ day of ______ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Steve Crowder, Mayor
ATTEST:
__________________________________
DINA VOLENSKI, CMC, Town Clerk
APPROVED AS TO FORM:
___________________________________
Scott E. Huber, Town Attorney
438
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 6(g)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Paradise Sewer Project – Draft SRPAC Principles of Agreement
LONG TERM
RECOVERY PLAN:
Yes, Tier 1 “Sewer”
COUNCIL ACTION REQUESTED:
Consider discussion of the Draft Principals Agreement between the Town of Paradise and City of Chico developed by the Sewer Regionalization Project Advisory Committee and provide comments from the Town Council.
Background:
On Monday, March 21, the Sewer Regionalization Project Advisory Committee (SRPAC) approved the first draft of the Principles of Agreement, which could guide a future agreement between the City of Chico and Town of Paradise for wastewater treatment services.
Prior to the Camp Fire, the Town of Paradise was one of the largest communities without a formal wastewater treatment system, meaning each parcel is required to maintain onsite septic tanks and leach fields. While studied since before the Town incorporated in 1979, the need for a sewer system in Paradise has never been greater in response to the Camp Fire. If constructed, a collection system and export pipeline to the existing Water Pollution Control Plant owned and maintained by the City of Chico, the Paradise Sewer Project would improve groundwater quality and enable increased development of affordable housing within the Town of Paradise while supporting the regional recovery.
The SRPAC, comprised of Mayor Coolidge and Vice Mayor Reynolds of the City of Chico and Mayor Crowder and Councilmember Jones of the Town of Paradise, serves to:
(1) Monitor progress of the Paradise Sewer Project, including the Project’s Environmental Impact Report (EIR), and efforts being done under the Town and City’s Cooperative Work Agreement,
(2) Develop the Principles of Agreement for an inter-municipal agreement between the Town and City, and make a recommendation on those Principles to the two Councils if applicable, and
(3) Guide public participation in the EIR process, which will happen separately, but in parallel with the Committee’s work.
The first draft of the Principles of Agreement created by the Committee are prepared and attached to this press release. Most notably, the Principles of Agreement outline key parameters of a potential agreement such as ensuring that ratepayers for Chico are not financially responsible for 439
any aspect of Paradise’s treatment needs, in addition to a potential connection payment from the Town of Paradise to the City of Chico, currently estimated at $14.9 million, to support the existing plant and capacity related needs.
The Principles of Agreement also set forth a requirement that the Paradise Sewer Project only serves properties within the Town of Paradise Town Limits.
Analysis:
The SRPAC has requested a formal 30-day public comment period of the draft Principles of Agreement before further revisions are considered and ultimately used to create a contract between the communities if the project were to move forward. This 30-day review period will begin on Friday March 25th and conclude on Monday April 25th. During this time, the draft will be available on each community’s website as well as the project specific website at www.paradisesewer.com. Physical copies of the Principles of Agreement may also be reviewed at the City and Town Clerk’s Offices respectively. Public Comments for the Principles of Agreement are encouraged to be submitted through the project website at https://paradisesewer.com/contact/ using the online form. Comments may also be submitted via email to [email protected].
An additional component of the 30-day public comment period is placement of the draft Principles of Agreement on the next agendas for both the City and Town Councils. This consideration of the draft will allow for additional public participation for those that may not have been reached elsewhere while encouraging each respective Council to provide their own collective comments.
The Paradise Town Council will consider the Draft Principles of Agreement on April 12 and the Chico City Council will consider the Draft Principles of Agreement on April 19.
Following the completion of the thirty-day public comment period, opportunities for participation and comments will continue with the proposed schedule below:
March 25 Start of 30-day Public Comment Period
April 12 Town of Paradise Council Meeting (Review Draft) April 19 City of Chico Council Meeting (Review Draft)
April 25 End of 30-day Public Comment Period
May 9 SRPAC Meeting, if necessary (Town of Paradise hosted) June 7 City of Chico Council Meeting (Consider Final)
June 14 Town of Paradise Meeting (Consider Final)
Separately, the Paradise Sewer Project’s Draft Environmental Impact Report is anticipated to be released in late spring 2022 and will have its own public comment and review period prior to consideration of a Final Environmental Impact Report in late 2022.
Financial Impact:
There are no financial impacts associated with this specific action requested. As previously discussed, in the framework of a potential connection payment would require $14.9 million to be paid from the Town of Paradise to the City of Chico for the purposes of accommodating the Paradise Sewer Project’s wastewater treatment needs.
Attachments:
A. Draft Principles of Agreement
B. Project Fact Sheet
440
441
1st DRAFT
1st DRAFT Principles of Agreement
(version 7, 21-March-2022)
Introduction and Background
Through its work on the Paradise Sewer Project (Project), the Town of Paradise (Town) has identified a connection to the Chico Water Pollution Control Plant (WPCP) as its preferred alternative for wastewater treatment and disposal, and has approached the City of Chico (City) to explore the feasibility of such a connection. The Councils of the Town of Paradise and City of Chico have formed a Sewer Regionalization Project Advisory Committee (Committee) as a mechanism for exploring this proposal. The Central Valley Regional Water Quality Control Board (Regional Board) has agreed to facilitate the activities of the Committee.
Membership on the Committee is limited to elected officials from the Town and City, as those two parties are signatories to the Cooperative Funding Agreement (CFA) and will be signatories to a future inter-municipal agreement (IMA). The Town and City have both designated their Mayors and Vice Mayors as their Committee members.
The Committee will develop an agreed-upon list of basic principles for an IMA, which will be captured in this document, the Principles of Agreement (POA). It is anticipated that a draft POA will be developed by the Committee, which will then be brought to the Town Council and City Council for review and approval. The final POA would then be turned over to legal counsel from the Town and City to draft into an IMA for consideration by the Town Council and City Council.
City of Chico Municipal Code
The City of Chico has a provision in its municipal code Section 15.40.285—Regulation of Waste Received from Other Jurisdictions that specifically addresses handling wastewater from outside the city’s sanitary sewer system. That code section is presented in its entirety at the end of this document.
Principles of Agreement
The Principles of Agreement are divided into 17 subject areas, as listed below. (Other subject areas may be added over time.) The first eight items reflect the eight items specified in Section 15.40.285.
Over the course of its work, the Committee will develop specific agreed-upon statements (principles of agreement) for each of these items.
1. Sewer Use Ordinance: The Town will need to adopt a sewer use ordinance that parallels the City’s sewer use ordinance. The POA could contain a commitment from the Town to have an ordinance completed by a certain milestone.
o DRAFT: The Town will adopt a sewer use ordinance that parallels the City’s ordinance. The Town’s ordinance shall be adopted and in place 30 days prior to the commencement of discharge into the Project.
2. User Inventory: The Town will need to submit an annual inventory of entities discharging into the sewer system. The POA could contain a statement to that effect. o DRAFT: The Town will submit a quarterly inventory of entities discharging into its sewer system, classified by residential and commercial dischargers. This quarterly report will also contain an estimate of new connections estimated to occur over the upcoming 12 months, broken down by the same classifications. 442
1st DRAFT
This inventory will reflect data from July 1 through June 30 of each year, and will be submitted by August 1 of each year.
o DRAFT: The Town will develop and administer a Sewer Application process, with two parts—a Town-reviewed portion for the collection system and a Cityreviewed portion for treatment. The treatment portion will follow the existing City sewer application. If the proposed discharge exceeds the thresholds established in the pretreatment program (see below), it will have to treat its discharge to a sufficient degree to meet the City’s pretreatment program requirements.
Businesses would face the same pretreatment requirements, whether they are in Paradise or Chico.
o DRAFT: The Town and the City agree to prohibit future connections to the export pipeline in the portion of the pipeline that sits outside of the Town limits or City limits.
3. Pretreatment: The City has an existing pretreatment program to monitor industrial/ commercial dischargers, which Town dischargers will need to meet. (The City has two employees conducting annual inspections of commercial/industrial dischargers.) The POA could contain a statement to that effect. In addition, the Town will need to decide whether to create and administer its own pretreatment program, or simply comply with the City’s pretreatment program. Ultimately, the Town and City will need to determine who implements the various pretreatment activities for Paradise dischargers. The POA could contain the basic definition of these divisions of responsibility.
o DRAFT: The Town will follow the City’s pretreatment program, including future changes; the Town will not develop a pretreatment program of its own. This includes the City’s Fats, Oils & Grease (FOG) program. Dischargers would follow the City’s pretreatment program application process, which includes setting monthly fees. Pretreatment program fees will be collected by the Town and conveyed to the City, similar to the process outlined in Item 10.
4. Pretreatment Data Access: The Town will need to provide the City with all information it obtains related to the pretreatment activities. The POA could contain a statement to that effect.
o DRAFT: The Town will provide the City with all information it obtains relative to meeting the City’s pretreatment program requirements.
o DRAFT: Paradise will contract with the City or hire and use qualified professionals (Industrial Waste Inspectors, testing, labs, etc.) to conduct its pretreatment activities. [Staff Input: This statement may no longer apply, given the decision made on Item 3—Pretreatment. Delete.]
5. Wastewater Limits: The agreement will need to define limits on the volume and quality of Paradise wastewater discharged to the Chico Water Pollution Control Plant (WPCP). This will likely be addressed by the City’s CFA efforts; the Committee would then review those 443
1st DRAFT
results and draft POA language. Town and City staff are currently awaiting results from the City’s engineering consultant in order to draft suggested language for this item. o DRAFT: Associated with the treatment connection payment (described below), the Town of Paradise wastewater flow to the Chico WPCP will be limited to 0.464 million gallons per day (mgd) average dry weather flow (ADWF). ADWF will be calculated using criteria specified by the Central Valley Regional Water Quality Control Board in the Chico permit. It is anticipated that a majority of the wastewater discharges into the Paradise collection system will be of typical residential and commercial quality. However, all potential Town discharges will be subject to the Pretreatment requirements of this agreement, as specified in Section 3.
6. Wastewater Monitoring: The agreement will need to define how the volume and quality of Paradise wastewater will be monitored.
o DRAFT: The Termination Structure, to be constructed as part of the Paradise Sewer Project, will contain wastewater monitoring equipment (e.g., flow meter, composite sampler). Because the City has staff familiar with this type of equipment, and because it has its own wastewater laboratory for testing wastewater samples, the flow metering and monitoring equipment will be operated and maintained by City staff, and samples will be processed in the City lab. Consideration will also be given to having some level of monitoring equipment at the upper end of the export pipeline. A payment will be negotiated at the start of the contract and paid annually by the Town to the City to cover the costs associated with these efforts.
7. Access to Facilities: The City will need to be granted access to the Town’s wastewater facilities, including those within the Town’s boundaries. The POA could contain a statement to that effect.
o DRAFT: The Town will grant the City access to the Town’s wastewater facilities, including those within the Town’s boundaries for purposes of inspection, sampling, and other duties deemed necessary by the City. The City will give the Town sufficient notice to allow the Town to arrange safe access to the facilities.
The Town and City will look for efficient ways to jointly conduct inspections to minimize impacts to both entities’ staff.
8. Remedies for Breach of Agreement: Like all legal agreements, the IMA will need to address how the parties would handle any breach of the agreement. This item might need input from Town and City attorneys, in order to draft appropriate POA language. These remedies will vary by the various required items in this POA. o DRAFT: If disagreements exist between the Town and City attorneys regarding agreement language, those disagreements will be brought back to the Committee to attempt to resolve.
444
1st DRAFT
9. Treatment Connection Payment. A number of items need to be addressed related to the treatment connection payment to be paid by the Town for connecting to the Chico WPCP.
These will likely be addressed by the City’s CFA efforts; the Committee would then review those results and draft POA language. Items include:
o How much should the initial connection payment be (e.g., for the initial Paradise flow or the ultimate flow)?
o If ongoing connection fees are to be collected for future connections, how much should they be (e.g., linked to the City of Chico’s current connection fee schedule)?
o How should they be collected and paid to the City of Chico (e.g., collected by the Town of Paradise on an ongoing basis and paid to the City of Chico quarterly)? o DRAFT: The goal is to obtain funding for the treatment connection payment in a similar manner to the remainder of the Paradise Sewer Project. The payment is currently estimated at $14.9 million (estimated as December 2026 dollars; as documented in “Regionalization Planning Report for the Paradise Sewer Project,” Carollo Engineers, March 2022), which the Town of Paradise would pay to the City of Chico to cover treatment capital costs associated with a wastewater flow from the Town of 0.464 mgd ADWF (see ADWF definition above). From six to 12 months before the date of connection, the estimated treatment connection payment will be recalculated using the methodology established in the Carollo study. This payment is assumed to be made at the time that initial Paradise flows are sent to the Chico WPCP, currently estimated to start on or about December 2026.
10. Monthly User Fees. A number of items need to be addressed related to the monthly fees to be paid by the Town for discharging to the Chico WPCP. (Note: The City does not currently break its monthly fees into treatment and collection system components.) Items include:
o How much should the monthly user fees charged to the Town be (e.g., linked to the treatment portion of the City of Chico’s current monthly user fees)? Draft: Assuming that the City establishes a treatment portion of its monthly user fee, the Town users will pay that treatment monthly user fee to the City. Town users will also pay a collection system monthly user fee to the Town associated with the Town’s collection system and export pipeline O&M costs.
o How should they be collected and paid to the City of Chico? Draft: The Town will collect the treatment monthly user fee from its users. The Town will submit the total treatment monthly user fee amount to the City on a [monthly/quarterly] basis. The Town will be responsible for collecting unpaid treatment monthly user fees from its users. 445
1st DRAFT
o How should future rate updates be handled?
Draft: As discussed above, the Town users will pay the treatment monthly user fee established in the City’s fee schedule, including any future increases made to those fees. The assumption is that the City and Town users will pay the same monthly treatment fee based on the established fee schedule. Future increases will follow the Prop 218 process, including public noticing.
o [There is potential for power generation as the wastewater moves from Paradise down off the Ridge to Chico. Need to address potential for sharing any electrical generation revenue.]
DRAFT: It is generally not practical to generate electricity from raw wastewater flows, especially intermittent flows that we will see in the export pipeline. Therefore, this item will not be addressed in the POA. [leave this item in the POA, to allow others to see the discussion/conclusion]
o [There is potential for Chico to treat its wastewater for recycling. Need to address the potential for revenue sharing.]
DRAFT: Because the City’s wastewater system operates as an “enterprise” fund, any income or cost resulting from water recycling will be incorporated into the City’s connection fees and monthly user fees. This item can be stated in the POA as an item not included. [leave this item in the POA, to allow others to see the discussion/conclusion] o [Include a requirement for producing an annual financial report.] Draft: In general, wastewater costs and revenues will be captured in the annual budgets of both the Town and City. Also, the City will be provided the ability to audit the Town’s financial records related to the collection of monthly treatment fees. Therefore, no separate annual financial report is needed.
11. O&M of Facilities. The Town will construct the export pipeline and a termination structure at or near the Chico WPCP. The Town would own the export pipeline. The POA would need to address who is responsible for O&M and future repairs/replacements of the export pipeline and termination structure at the Chico WPCP.
o DRAFT: It is anticipated that the Town will own the entire export pipeline and will provide all operation and maintenance associated with it, with the exception of wastewater monitoring efforts, which are described in item 6 above. o [It may work best to develop a separate “O&M Agreement” to cover all of the various items related to operating costs.]
446
1st DRAFT
Draft: The City and Town intend to develop an inter-municipal agreement based on these Principals of Agreement. In the future, if O&M items arise and warrant it, the two parties may wish to develop an O&M Agreement.
For example, one item that might arise is that the Town might wish to contract with the City to provide some O&M services on the export pipeline, given that the City has on-staff expertise in this area.
12. Term and Termination of the Agreement. [Need to develop the term and termination of the agreement. The term of the agreement should match any financing requirements and/or the lifespan of the infrastructure. Also need to address how to handle disaster scenarios.
This item might need input from Town and City attorneys, in order to draft appropriate POA language.]
13. “Revisit” Clause. [Need to develop a statement that allows for an evolution of the roles and responsibilities established in this document. For example, in the future, if the Town grows to a size that it makes sense for it to create and run its own pretreatment program, the document should allow for that to happen. This item will need input from Town and City attorneys.]
[ADDITIONAL ITEMS 14, 15, and 16 came from “Crafting Interlocal Water and Wastewater Agreements,” UNC Environmental Finance Center, 2019. Text in quotes is taken from that document]
14. Service Area Boundary. “When two or more service providers agree to buy or sell water services to one another, it is extremely important to remove as much ambiguity as possible about current and future service areas.” Identify the service area boundary as the Town of Paradise town limits. The Sphere of Influence and Town/City limits may change… o Draft: This item relates to the potential for the two entities to have adjacent or overlapping service area boundaries. The Town of Paradise and the City of Chico will not overlap with respect to providing wastewater services. In the future, spheres of influence could overlap (although this is extremely unlikely). If that situation arises, it should be addressed at that time. [Ask the attorneys for their input, including if language should be included on this subject in the intermunicipal agreement.]
15. Notice Requirements for Fee Changes. “The contract should also include language to cover notice requirements or any other processes related to when and how rates will be changed. If there will be a process for modifying rates in the future, the parties should contemplate what shall constitute reasons to justify modification.” o Draft: In California, formal notification to citizens regarding fee increases is covered by Prop 218. If the City is considering a fee update, City staff will inform the Town Council of an upcoming fee adjustment process. 447
1st DRAFT
16. Excessive Inflow and Infiltration. “Inflow and infiltration (I&I) can be a big problem for wastewater interlocal agreements. If possible, partners should consider how to contract in language that will address how I&I should be handled.”
o Draft: Because the Town’s collection system and export pipeline will be entirely new, the initial amount of I&I should be very low. Over time, it is possible I&I will increase. The Town of Paradise will monitor its wet weather flows each year and assess the level of I&I it is experiencing. If excessive I&I is seen, the Town will complete such corrective measures to eliminate excessive I&I as are reasonably demonstrated to be cost effective by studies conducted and funded by the Town. [Perhaps move this item up to Section 11--O&M of Facilities]
17. Resolving Conflicts or Disagreements. [“Regardless of how carefully an interlocal agreement may be contracted, there can still be conflict or disagreement, particularly when unanticipated needs or challenges arise. Parties to an agreement should anticipate the need to potentially negotiate at some point during the life of the agreement, and should build in language that lays out what process should be used.” This item will need input from Town and City attorneys.]
o [Note from Staff: The City of Folsom/SRCSD contract has extensive sample language for this item, which the attorneys can use if they wish to.] 448
1st DRAFT
City of Chico, Code Section 15.40.285
The City of Chico has a provision in its municipal code, Section 15.40.285—Regulation of Waste Received from Other Jurisdictions, that specifically addresses handling wastewater from outside the city’s sanitary sewer system. Here is the code section in its entirety:
15.40.285 Regulation of Waste Received from Other Jurisdictions If another municipality or user located within another municipality contributes wastewater to the city’s sanitary sewer system, the director shall enter into an inter-municipal agreement with the contributing municipality. Prior to entering into an agreement, the director shall request the following information from the contributing municipality:
1. A description of the quality and volume of wastewater discharged to the city’s sanitary sewer system by the contributing municipality;
2. An inventory of all users located within the contributing municipality that are discharging to the city’s sanitary sewer system; and
3. Such other information as the director may deem necessary.
An inter-municipal agreement shall contain the following conditions:
1. A requirement for the contributing municipality to adopt a sewer use ordinance which is at least as stringent as this ordinance and local limits, including required baseline monitoring reports which are at least as stringent as those set out in section 15.40.024. The requirement shall specify that such ordinance and limits must be revised as necessary to reflect changes made to the city’s ordinance or local limits;
2. A requirement for the contributing municipality to submit a revised user inventory on at least an annual basis;
3. A provision specifying which pretreatment implementation activities, including wastewater discharge permit issuance, inspection and sampling, enforcement, will be conducted by the contributing municipality; which of these activities will be conducted by the director; and which of these activities will be conducted jointly by the contributing municipality and the director;
4. A requirement for the contributing municipality to provide the director with access to all information that the contributing municipality obtains as part of its pretreatment activities;
5. Limits on the nature, quality, and volume of the contributing municipality’s wastewater at the point where it discharges to the city’s sanitary sewer system;
6. Requirements for monitoring the contributing municipality’s discharge;
7. A provision ensuring the director access to the facilities of the users located within the contributing municipality’s jurisdictional boundaries for the purpose of inspection, sampling, and other duties deemed necessary by the director; and
8. A provision specifying the remedies available for breach of the terms of the inter-municipal agreement.
449
Since its incorporation in 1979, the Town of Paradise has sought a wastewater treatment solution, with a focus primarily on commercial and densely-populated residential areas — the portions of Paradise most vulnerable to groundwater degradation and economic stagnation due to sewer limitations.
In 2020, the Town contracted with HDR, an engineering consulting firm, to prepare an updated assessment of project options. The assessment compared two alternatives for local wastewater treatment and discharge with a regional alternative involving piping wastewater to the Chico Water Pollution Control Plant (WPCP). The regional alternative was recommended because it had the lowest cost, community impacts, probable environmental impacts as well as the simplest operations and most support from the Central Valley Regional Water Quality Control Board. The Town is now moving forward with preparation of a full Environmental Impact Report (EIR) to provide further information on sewer project alternatives.
PROJECT OVERVIEW
PROJECT SCHEDULE
$2M
EIR
$30M
Design and Right-of-Way
$152M
Construction
The proposed project is currently
estimated to cost approximately
$184 million.
2020 2021-2022 2022-2024 2024-2026
Alternatives
Development
Environmental Studies,
Draft & Final EIR
Final Design
& and ROW
Permitting
& Approvals
EIR Construction
Scoping
Ongoing Public Outreach
STAY UPDATED!
PARADISESEWER.COM [email protected] 530-872-6291
EXT. 112
TOWN OF PARADISE
SEWER PROJECT
FACT SHEET MARCH 2022
450
ECONOMIC BENEFITS
OF THE PARADISE SEWER PROJECT
REBUILDING PARADISE
PARADISESEWER.COM [email protected] 530-872-6291 EXT. 112
PROVIDE MUCH NEEDED HOUSING
Workforce
housing needs
Sewer infrastructure
supports quick rebuild
▪ 95% of residents
work for local
employers
▪ 10% of the region’s
construction
workforce was
housed in Paradise
▪ Increases
affordable
housing
▪ Greater
economic return
for developers
ADDITIONAL BENEFITS
Less strain on Chico’s housing
market, Greenline, transportation
infrastructure, and other systems
Regional partnerships
and opportunities for
additional funding
IMPROVE HEALTH & THE ENVIRONMENT
Regulations
mitigate risk
Sewer Infrastructure
protects resources
▪ Strict regulations govern the discharge of treated wastewater, especially in communities impacted by failing septic systems development potential
▪ Provides cleaner
disposal of
wastewater
▪ Improves
groundwater
quality
▪ Decreases health
impact on
communities
INCREASE PROPERTY VALUES & BUSINESS PROFITABILITY
Septic systems
decrease value
Sewer infrastructure
supports growth
▪ Smaller, older residential lots on
septic systems have a lower value,
lack development potential
▪ Businesses on septic
systems have higher
operational costs
▪ Raises the
value of land
in the SSA
▪ Lowers the start-up costs
for high-water-usage
businesses like restaurants
▪ Provides reliable
wastewater
disposal
COST
VALUE
VALUE
COST
451