Town of Paradise
Town Council Meeting Agenda
6:00 PM – April 12, 2022
Town of Paradise Council Chamber – 5555 Skyway, Paradise, CA
Meeting Procedures
I. The Mayor is the Presiding Chair and is responsible for maintaining an orderly meeting. The Mayor calls the meeting to order and introduces each item on the agenda.
II. The Town staff then provides a report to Council and answers questions from the Council.
III. Citizens are encouraged to participate in the meeting process and are provided several opportunities to address Council. Any speaker addressing the Council is limited to three minutes per speaker - fifteen minutes per agenda item A. If you wish to address the Council regarding a specific agenda item, please complete a “Request to Address Council” card and give it to the Town Clerk prior to the beginning of the meeting. This process is voluntary and allows for citizens to be called to the speaker podium in alphabetical order.
Comments and questions from the public must be directed to the Presiding Chair and Town Council Members (please do not address staff.) Town staff is available to address citizen concerns Monday through Thursday at Town Hall between the hours of 8am and 5pm.
B. If you wish to address Council regarding an item not on the agenda, you may do so under Item 4, “Public Communication.” Again, please fill out a card and give it to the Town Clerk before the meeting. State Law prohibits Council action on items not listed on a public agenda.
In compliance with the Americans with Disabilities Act (ADA) Compliance, persons who need special accommodations to participate in the Town Council meeting may contact the Town Clerk at least three business days prior to the date of the meeting to provide time for any such accommodation.
Town Manager, Kevin Phillips
Town Attorney, Scott E. Huber
Town Clerk, Dina Volenski
CDD, Planning & Onsite, Susan Hartman
CDD, Building & Code Enforcement, Tony Lindsey
Finance Director/Town Treasurer – Ross Gilb
Public Works Director/Town Engineer, Marc Mattox
Division Chief, CAL FIRE/Paradise Fire, Garrett Sjolund Chief of Police, Eric Reinbold
Recovery & Economic Development Director, Colette Curtis Human Resources & Risk Management Director, Crystal Peters Information Systems Director, Luis Marquez
Mayor, Steve Crowder
Vice Mayor, Greg Bolin
Council Member, Steve “Woody” Culleton
Council Member, Jody Jones
Council Member, Rose Tryon
1 1. OPENING
1a. Call to Order
1b. Pledge of Allegiance to the Flag of the United States of America 1c. Invocation
1d. Roll Call
1e. Proclamation recognizing Senator Dianne Feinstein, Senator Alex Padilla and Congressman Doug LaMalfa for their assistance in securing funding to benefit the Paradise Police Department.
1f. Proclamation recognizing Jake Early for creating the new seal representing the Town of Paradise.
1g. Camp Fire Recovery Updates - Written reports are included in the agenda packet.
p6 Colette Curtis, Recovery and Economic Development Director - Recovery Projects, Advocacy, Economic Recovery and
Development, Communications and Emergency Operations.
p9 Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update.
p13 Tony Lindsey, CDD-Building and Code Enforcement Update.
2. CONSENT CALENDAR
One roll call vote is taken for all items. Consent items are considered to be routine business that does not call for discussion.
2a. p18 Approve minutes of the March 8, 2022 Special and Regular Town Council meetings.
2b. p27 Approve March 2022 Cash Disbursements in the amount of $3,262,687.15
2c. p35 Waive second reading of the entire Town Ordinance No. 615 and approve reading by title only; and, Adopt Town Ordinance No. 615, “An Ordinance Adding Section 9.70 to the Paradise Municipal Code Relating to Military Equipment Use.”
2d. p44 1. Concur with staff’s recommendation of Northstar and Rolls Anderson Rolls to perform On Call Surveying Services for the Town’s survey needs to support Public Works and Development services; and, 2. Approve the attached Professional Services Agreement with Northstar Engineering and Rolls Anderson Rolls and authorize the Town Manager to execute a twoyear contract, with three one-year optional extensions. 2e. p65 Approve the following Program Supplement Agreements for Emergency Relief projects to Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03-5425F15:
PSA No. F028 for Project ER-38Y0(014) Emergency Opening Guardrail Repair
PSA No. F029 for Project ER-38Y0(015) Emergency Opening Culvert Repair; and,
2 3
1. Adopt Resolution No. 2022-17, A Resolution of the Town Council of the Town of Paradise authorizing the Town Manager, or designee, to sign the above listed Program Supplement Agreement to Administering AgencyState Agreement for Federal-Aid Projects, Agreement No. 03-5425F15. 2f. p85 Authorize the Town Manager to enter into a three-year agreement for financial audit services with Richardson & Company, LLP. 2g. p132 Adopt Town of Paradise Resolution No. 2022-18, “Resolution of the Town Council of the Town of Paradise requesting extension of the Vehicle Abatement Program and associated fees and authorizing continued participation in a Service Authority for Abandoned Vehicle Abatement pursuant to California Vehicle Code section 9250.7 and 22710.” 2h. p136 Consider adopting Resolution No.22-19, A Resolution of the Town Council of the Town of Paradise approving the plans and specifications for the Off-System Culvert Replacement Project and authorizing advertisement for bids on the project.
2i. p140 Adopt Resolution No. 2022-20, A Resolution of the Town Council of the Town of Paradise accepting Contract No. 9380.CON, Ponderosa Elementary Safe Routes to School Project, performed by All-American Construction, Inc., Live Oak, CA.
2j. p143 Adopt Resolution No. 2022-21, A Resolution of the Town Council of the Town of Paradise authorizing a permanent easement at 6225 and 6295 Skyway to Pacific Gas and Electric Company.
3. ITEMS REMOVED FROM CONSENT CALENDAR
4. PUBLIC COMMUNICATION
For matters that are not on the Council business agenda, speakers are allowed three (3) minutes to address the Council. The Town Council is prohibited from taking action on matters that are not listed on the public agenda. The Council may briefly respond for clarification and may refer the matter to the Town staff.
5. PUBLIC HEARINGS
For items that require a published legal notice and/or a mailed notice.
Public Hearing Procedure:
A. Staff Report
B. Mayor opens the hearing for public comment in the following order:
i. Project proponents (in favor of proposal)
ii. Project opponents (against proposal)
iii. Rebuttals – if requested
C. Mayor closes the hearing
D. Council discussion and vote
5a. p144 Conduct the second public hearing to solicit comments and/or suggestions regarding the Draft 2022-2023 Annual Action Plan; and, 1.
Adopt the Draft 2022-2023 Annual Action Plan as submitted; or, 2. Revise the Draft 2022-2023 Annual Action Plan as submitted; and, 3. Authorize staff to submit the adopted 2022-2023 Annual Action Plan to the U.S. 3 Department of Housing and Urban Development should no public comment be received. (ROLL CALL VOTE)
5b. p181 Conduct the duly noticed and scheduled public hearing and 1. Concur with the project “CEQA determination” finding presented and considered by the Planning Commission on March 15, 2022, and embodied within Planning Commission Resolution No. 2022-01; and, 2. Concur with the project recommended adoption and zoning ordinance amendment adopted by the Planning Commission on March 15, 2022, and embodied within Planning Commission Resolution No. 2022-01; and, 3. Adopt Town of Paradise Resolution No. 2022-___, “A Resolution of the Town Council of the Town of Paradise Adopting Updated Design Standards for the Downtown and Clark Road/Community Commercial Development Areas of the 2010 Design Standards and Rescinding the Greater RDA Project Area Design District Standards”, and, 4. Consider waiving the first reading of Town Ordinance No. ____ and read by title only; and, 5. Introduce Town of Paradise Ordinance No. ____, “An Ordinance Amending Text Regulations with Paradise Municipal Code Chapter 17.41 [Design Standards and Design Review] Relative to Updated Adoption Dates”; or, 6. Direct staff to make further changes to the Design Standards. (ROLL CALL VOTE)
6. COUNCIL CONSIDERATION
Action items are presented by staff and the vote of each Council Member must be announced. A roll call vote is taken for each item on the action calendar. Citizens are allowed three (3) minutes to comment on agenda items.
6a. p349 Consider discussion and adopting Resolution No. 2022-__, a Resolution of The Town Council of The Town of Paradise Making Findings Concerning Sole Vendor For The Purchase of Body Worn Cameras, Vehicle Cameras, and Data Management Products and Services from Bodyworn, by Utility Associates, Inc. Body Worn Cameras, Vehicle Cameras, and Data Management Products and Services from Bodyworn, by Utility Associates, Inc. Pursuant To Paradise Municipal Code Sections 2.45.070B, 245.070C, and 245.070G. (ROLL CALL VOTE)
6b. p371 Consider discussion and authorizing the Town Manager to enter into a contract with CDX Wireless for Project Management of the Town’s twoway radio system restoration. (ROLL CALL VOTE) 6c. p387 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, 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) 6d. p389 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 Provide alternative direction to town staff. (ROLL CALL VOTE)
4 5
6e. p401 Consider concurring with staff recommendation to award communication services contract to Blue Flamingo Marketing; and, Authorizing the Town Manager to execute a 3-year contract with Blue Flamingo Marketing. (ROLL CALL VOTE)
6f. p434 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, 1. Consider waiving the first reading of Town Ordinance No. ______and read by title only; and, 2. Introduce Town Ordinance No. _____. “An Ordinance Amending Paradise Municipal Code Section 8.58.060 Relating to Defensible Space and Hazardous Fuel Management”; or, 3. Adopt an alternative directive to Town staff. (ROLL
CALL VOTE)
6g. p439 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. (ROLL CALL VOTE)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7a1. Consider discussing road construction projects in Town and requesting identifying plaques for the contractors and putting construction maps on social media so citizens can see where road construction is in Town. (CULLETON)
7a2. Discuss changes to Ordinance 612 regarding citations issued to property owners instead of violators living on the property. (CULLETON) 7b. Council reports on committee representation
7c. Future Agenda Items
8. STAFF COMMUNICATION
Town Manager Report
o Community Development Director Report
9. CLOSED SESSION - None
10. ADJOURNMENT
5 1
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 1(g)
ORIGINATED BY: Colette Curtis, Recovery and Economic
Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Monthly Recovery Update
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. None
Background:
This report continues the Monthly Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Included in this update are items related to recovery projects, advocacy economic recovery and development, communications and emergency operations.
Analysis:
ECONOMC DEVELOPMENT
Business Retention and Attraction
Paradise Brew Werks is making progress towards opening at a location at Skyway and Wagstaff.
Big Lots is still moving forward in the old Rite Aid building. The Town expects to receive permit applications very soon.
The Town is working with the property owners to continue filling available spaces.
New Make it Paradise Website
The Make it Paradise website has been updated to function as the Town’s economic development center. The website will be a hub for business information, with demographic data, infrastructure project information and resources for businesses looking to open or reopen in Paradise.
Non-residential market study through the Transportation Master Plan The final draft of the report was accepted by Council during the March meeting. Information from this study is already being utilized for business attraction and retention. EPS is also working on a development opportunity site map to be delivered by summer 2022.
Design Standards through the Transportation Master Plan Draft Design Standards are being presented tonight under item 5b. 6 2
RECOVERY
Abatement Update:
11 property owners enrolled in the private program and have not removed their hazardous trees. (-1 from March Council Report)
153 property owners who have not removed their hazardous trees. (-22 from March Council Report)
There are currently 164 properties at risk for abatement. This is down from 1500 in July 2020 and 850 in January of 2021.
We completed tree removal on the one property approved for abatement at March Town Council meeting.
Early Warning System
Town required environmental process CEQA was completed in January 2022. Working with CalOES on final details of tribal monitoring requirements before approval.
All other Town required action items are complete.
We recently met with FEMA and CalOES leadership and they were working on the final stages of paperwork for approval of the EWS. We anticipate approval and a construction RFP being posted this spring.
Residential Ignition Resistant Retrofit Program
Town required environmental process (CEQA) was completed in January 2022. Undergoing Federal Environmental Review. Hopeful that process will be complete by Summer 2022. Sections 1-3 of EA report were completed, reviewed by Town Staff and returned to FEMA.
Public Scoping notice was posted on February 2, 2022 for a 30 day comment period. All other Town required action items are complete
Hazardous Fuels Reduction Program
Town required environmental process (CEQA) was completed in January 2022. Undergoing Federal Environmental Review. Hopeful that process will be complete by Summer 2022. Sections 1-3 of EA report were completed, reviewed by Town Staff and returned to FEMA.
Public Scoping notice was posted on February 2, 2022 for a 30 day comment period. All other Town required action items are complete.
Reseeding Plan
Phase 1 Complete – Program Design Complete.
Phase 2 implementation pending identifying funding source and scale of implementation.
Category 4 Tree Removal Program
Town required environmental process (CEQA) was completed in January 2022. 7 3
Undergoing Federal Environmental Review. Hopeful that process will be complete by Summer 2022. Sections 1-3 of EA report were completed, reviewed by Town Staff and returned to FEMA.
Public Scoping notice was posted on February 2, 2022 for a 30 day comment period. We are working on finalizing an RFP for Arborists services so we can begin outreach and the assessment of properties with the goal to have properties and trees identified by Fall 2022 for final approval by FEMA/CalOES
Defensible Space Code Enforcement
Town required environmental process was completed in December 2021. Public Scoping notice was posted on February 2, 2022 for a 30 day comment period. Undergoing Federal Environmental Review. Hopeful that process will be complete by Summer 2022. Sections 1-3 of EA report were completed, reviewed by Town Staff and returned to FEMA.
All other Town required action items are complete.
COMMUNICATIONS
Request for Proposals for Communications Consultant
A recommendation for award is on tonight’s agenda under item 6e. Community Information Meeting May 2nd 2022 – the next Community Information Meeting is being planned for May and will focus on housing and insurance resources.
EMERGENCY MANAGEMENT
Town staff were trained in ICS 300 during the first week of April. A full EOC exercise, with all staff and cooperators will be held in the near future. Emergency Operation Plan Update: Constant Associates is now working on the update and we will have more information to report in the coming months. We anticipate a final report later this spring.
Financial Impact:
None.
8 1
TOWN OF PARADISE
Council Agenda Summary
Date: April 12, 2022
Agenda No. 1(g)
ORIGINATED BY: Marc Mattox, Public Works Director / Town Engineer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Camp Fire Recovery Updates - Infrastructure
COUNCIL ACTION REQUESTED:
1. None, written monthly update only.
Background:
This report continues the Monthly Disaster Recovery Updates provided to keep the Town Council apprised of important developments related to the recovery of the Town of Paradise from the Camp Fire.
Analysis:
Road Rehabilitation
As previously covered in related Agenda Summaries and Updates, the Town of Paradise has secured funding from both FEMA and Federal Highways Administration for the purposes of road rehabilitation associated with Camp Fire damages from the fire itself, debris removal and tree removal operations. These projects cover all Town of Paradise publicly owned and maintained roadways.
Public Works Engineering staff is making efforts to formulate the first post-Camp Fire road rehabilitation for delivery in late 2022. With many segments of Lower Skyway already undergrounded and remaining segments actively under construction, staff has identified Skyway between Crossroads and south of Bille Road as the preferred project.
Staff is waiting on Federal Highways Administration for approval to advertise the project for bids, expected in the next two weeks.
Transportation Master Plan
Preparation of the Transportation Master Plan (TMP) is well underway. The TMP will evaluate daily and evacuation transportation needs, policy documents, construction standards, and opportunities to support economic development. The Transportation Master Plan will provide a prioritized list of improvements for near-term and long-term construction. All TMP related information can be found here: https://www.townofparadise.com/pwe/page/transportationrecovery-efforts A series of four workshops has been announced for public input and participation in the development of the TMP, listed below:
Thursday, June 3, 2021: Infrastructure Recovery Update (Completed) o Watch recorded workshop here.
Tuesday, June 22, 2021: Roadway and Traffic Evacuation Planning (Completed) 9 2
o Watch recorded workshop here.
o 800+ survey responses received, data to be presented under Item 6b of this Council agenda.
Thursday, July 15, 2021: Downtown and Clark Road Design Standards (Completed) o Watch recorded workshop here.
Thursday, August 12, 2021: Bicycling and Walking Network Review (Completed) o Watch recorder workshop here.
All workshops have allowed flexible attendance either virtually or in-person at Town Hall Council Chambers (5555 Skyway, Paradise).
Currently there are four primary focuses of the Transportation Master Plan:
1. Efforts are currently underway to increase public participation for feedback on the Transportation Master Plan through staffing of tables at various community events and locations. These efforts are mostly focused on Active Transportation Program-type projects such as sidewalks and multi-use bike-pedestrian pathways. Additional outreach and participation with the public to shape project priorities significantly improves our project applications’ competitiveness.
2. Multi-agency Emergency Evacuation Planning Task Force has resumed meetings and made significant progress towards addressing major objective’s in the Town’s Corrective Action Plan. This includes revisions to the Town’s Emergency Evacuation and Traffic Control Plan as well as initiating processes to improve regional communication and implementation strategies.
a. Staff is preparing a new evacuation plan specifically catered to a Skyway maximum flow approach using lessons learned from our multiagency coordination and exercise.
3. Relating to utilities, work is underway for the development of policies, procedures and coordination. This involves the creation of a master map of undergrounding to be used in planning future road rehabilitation projects.
a. Town and consultant staff are in the process of rolling out the master coordination mapping tool.
4. Grant application work has been completed for the Community Development Block Grant – Disaster Recovery relating to transportation projects identified through technical analysis and public feedback.
a. Staff has submitted 56 additional applications for this program.
Paradise Sewer Project
Efforts for Past Month:
Updated the Proposed Project Route and project alternatives exhibit to eliminate Tribal Resource and Private Land Acquisition requirements. See exhibit included in this update.
The Central Valley Regional Water Quality Control Board (Regional Board) hosts meetings of the Sewer Regionalization Project Advisory Committee (SRPAC). The SRPAC met on March 21st at the City of Chico council chambers and finalized the first draft of the Principles of Agreement (POA). The POA will serve as a starting point for 10 3
drafting an inter-municipal agreement between Paradise and Chico to address treatment of Paradise wastewater at the Chico Water Pollution Control Plant. Information about SRPAC meetings, including agendas and meeting minutes, can be found at www.paradisesewer.com.
Staff presented updates on the progress of the SRPAC to the Paradise Town Council (March 8th) and Chico City Council (March 15th).
On March 25th, the Town and City started a 30-day public comment period on the first draft of the POA. See www.paradisesewer.com for more information on this public comment process. Formal agenda item included in this meeting. Continued analysis and writing efforts for the Draft EIR. Continued to update the project’s public website (www.paradisesewer.com). The City of Chico, through its consultant Carollo Engineers, completed its analysis of the potential to treat Paradise wastewater at the Chico Water Pollution Control Plant. Continued funding application efforts.
Efforts for Next Month:
Receive public comments on the first draft of the POA. Continue writing efforts on the Draft Environmental Impact Report (EIR). Continue funding application efforts.
The next SRPAC meeting is scheduled for May 9, 2022 at the Town of Paradise council chambers.
Updated Proposed Project Route and Project Alternatives:
Norfield Avenue Alternative removed due to private land acquisition and tribal resources. Southgate Ave/McFadden Ln Alternative removed due to private land acquisition and tribal resources.
Exhibits presented at SRPAC, for use in Draft EIR preparation are shown on next page. 11 4
12
Town of Paradise
Council Agenda Summary
Date: April 12th, 2022
Agenda Item: 1(g)
ORIGINATED BY: Tony Lindsey, CDD, Building & Code
Enforcement
REVIEWED BY: Kevin Philips, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
Code Enforcement Update
Background:
The mission of the Code Enforcement Division is to promote and maintain a safe and desirable living and working environment. We help maintain and improve the quality of our community by administering a fair and unbiased enforcement program to correct violations of municipal codes and land use requirements. We work with residents, neighborhood associations, public service agencies, and other Town departments to:
Facilitate voluntary compliance with Town codes.
Empower community self-help programs.
Develop public outreach programs.
Establish community priorities for enforcement programs.
Analysis:
Code Enforcement receives complaints of violations from staff and general community members.
Each complaint is investigated and verified by our Officers. During February (February 25 th –
March 31st ), Code Enforcement worked 82 RV violations spread throughout the Town. Seven locations had a Temporary Use Permit (TUP), and 75 unpermitted sites did not. RV cases were reduced to 76, 69 without a TUP, and 7 with a TUP by the end of the reporting period. (Exhibit A) TUPs issued under ORD 612 as of 3/30/2022 = 291 (Exhibit B) Storage only – 33 (34)
Occupied & issued – 258 (259)
78% are owner applied/occupied.
Below are the statistics of our current RV Code Enforcement activity for the reporting period, and included for reference are the last reporting period numbers in parenthesis. Sites without TUPs – 69 (68)
Sites with TUP Violations – 7 (8)
Sites with Administrative Warnings – 82 (79)
13
Sites with 1st Administrative citation issued – 54 (57) Sites with 2nd Administrative citation issued – 39 (41) Sites with 3rd Administrative citation issued – 23 (23) Compliance Gained RV cases closed – 6 (3)
o 3 RVs removed
o 3 Violations resolved (weed & debris removed, building permit issued) The Community Enhancement Outreach Team, consisting of Fire Prevention, Police, Housing, Code Enforcement, and since February 3, 2022, Disaster Case Managers (DCMs), who work through “Camp Fire Collaborative,” have attended inspections Tuesdays and Thursdays each week. During this reporting period, five different DCMs attended, and they interacted with 40 individuals impacted by the Camp Fire.
The team contacted 40 community members:
o 25 were tenants and did not own property.
o 15 owner-occupied.
o 1 purchased the property post-Camp Fire.
o 35 supplied contact information to DCM staff
Since their integration into the Outreach team, DCMs have generated 85 clients.
A DCM works with each case to create a realistic recovery plan and utilizes the types of assistance available based on each survivor’s unique situation and needs. Some of the services provided:
o Locating Housing
o Relocation
o Rebuilding
o Identifying long term recovery goals
o Connecting with resources that will assist with long-term recovery. o Addressing unmet needs remaining from the Camp Fire.
** The Camp Fire Collaborative (CFC) is a community collaboration of over 50 nonprofit, private, and public organizations. These organizations work to address the unmet needs of Camp Fire survivors throughout the Butte County region. The CFC works to discover long-term recovery issues and develop strategies and solutions using our combined vision and resources.
Code Enforcement submitted 17 (17) Nuisance Abatement cases to the Town attorney for review.
The town attorney staff 17 (14) Nuisance properties final 30-day warning letters to abate the nuisance conditions. Work continues on the remainder, and each site is monitored for compliance. 5 (4) have self-abated removing the municipal code violations (refuse, debris, weed abatement, and RVs removed). Code has prepared 3 additional nuisance abatement property files for Town attorney review.
Other Code Enforcement Items:
Abandoned Vehicle Authority abatements – 33 (16)
o 16 vehicles were towed.
o 17 voluntarily removed.
Complaints regarding: Waste and refuse, building without permits, camping, cargo containers, grading, erosion control, fire hazards, livestock, substandard housing, etc. 14
Fire Prevention is built upon the philosophy of three main objectives: Education, Engineering, and Enforcement. Fire Prevention is a vital function in the community and our continued economic development. Our defensible space and hazardous fuel management ordinance require property owners to keep their parcels fire safe, whether they live in Town. The Fire Prevention staff is tasked with performing weed abatement inspections on 11,089 parcels within our community.
The following is the number of Defensible Space Program inspections completed as of 4/01/2022:
Compliant – 8,981 (8,864)
Non-compliant – 1,574 (1,686)
Code Enforcement Referrals – 740 (694)
o 526 Active Code Cases
o 214 Closed Code Cases, weeds, log decks, and debris removed. 15 TUPs under ORD 612
RV TUP STORAGE ONLY RV TUP OCCUPIED TUP Violations Violations w/ TUP RV no TUP 16 TUPs under ORD 612
RV TUP STORAGE ONLY RV TUP OCCUPIED
17 MINUTES
PARADISE TOWN COUNCIL
SPECIAL MEETING – 5:00 PM – March 08, 2022
1. OPENING
The Special meeting of the Paradise Town Council was called to order by Mayor Crowder at 5:00 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America.
COUNCIL MEMBERS PRESENT: Greg Bolin, Steve “Woody” Culleton, Jody Jones, Rose Tryon and Steve Crowder, Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Kevin Phillips, Town Clerk Dina Volenski, Town Attorney Scott E. Huber, Finance Director/Town Treasurer Ross Gilb, Project Manager for Recovery and Economic Development Brian Solecki and Human Resources Director Crystal Peters.
There were no public comments.
Mayor Crowder recessed the meeting into Closed Session at 5:01 p.m.
2. CLOSED SESSION
2a. Pursuant to Government Code section 54956.9(d)(4), the Town Council will meet with the Town Manager and Town Attorney to consider initiation of litigation (2 potential cases).
2b. Pursuant to Government Code Section 54957.6, the Town Council will hold a closed session to meet with Kevin Phillips, Ross Gilb, Crystal Peters and the Town Attorney, its designated representatives, regarding labor relations between the Town of Paradise and the Paradise Police Officers Association, Confidential Mid-Management Association, General Employees Unit, Police Mid-Management Unit and the Management Group.
3. ADJOURNMENT
Mayor Crowder adjourned the Special Council meeting at 5:56 p.m.
At 6:04 p.m. Mayor Crowder announced during the Regular Town Council Meeting, the following:
2a. Town Council unanimously adopted Resolution No. 2022-13, A Resolution of the Town Council of the Town of Paradise declaring an emergency and making related factual findings related to nuisance conditions and an immediate threat to public health and safety existing at 1296 Fawnbrook Place, APN 051-173-049 in Paradise, CA. (540-15-074) 18 2
2b. Direction was given, no action was taken.
Date approved:
By: Attest:
_________________________ _________________________
Steve Crowder, Mayor Dina Volenski, CMC, Town Clerk
19 TOWN COUNCIL
Meeting Minutes
6:00 PM – March 08, 2022
At 6:04 p.m. Mayor Crowder announced the action was taken in Closed Session at the 5:00 p.m. Special Town Council Meeting:
2a. Town Council unanimously adopted Resolution No. 2022-13, A Resolution of the Town Council of the Town of Paradise declaring an emergency and making related factual findings related to nuisance conditions and an immediate threat to public health and safety existing at 1296 Fawnbrook Place, APN 051-173-049 in Paradise, CA. 2b. Direction was given, no action was taken.
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Crowder at 6:05 p.m. in the Town Council Chamber located at 5555 Skyway, Paradise, California who led the Pledge of Allegiance to the Flag of the United States of America. An invocation was offered by Council Member Jody Jones.
COUNCIL MEMBERS PRESENT: Greg Bolin, Steve “Woody” Culleton, Jody Jones, Rose Tryon and Steve Crowder, Mayor.
COUNCIL MEMBERS ABSENT: None
STAFF PRESENT: Town Manager Kevin Phillips, Town Attorney Scott E. Huber, Town Clerk Dina Volenski, Town Engineer/Public Works Director Marc Mattox, Finance Director/Town Treasurer Ross Gilb, Community Development Director Susan Harman, Community Development Director Tony Lindsey, Information Systems Director Luis Marquez, Business and Housing Manager Kate Anderson, Recovery and Economic Development Director Colette Curtis, Police Chief Eric Reinbold, Police Lieutenant Cameron Kovacs, Police Lieutenant Anthony Borgman, Fire Chief Garrett Sjolund, Battalion Chief Rick Manson and Administrative Assistant Sheris Alvies. 1a. Town Council recognition of Employee Service to the Town of Paradise for 2021 were presented by Mayor Steve Crowder.
20 Years
Robert Grignon - Public Works
Candace Mays-Keillor - Public Works
5 Years
Anthony Borgman - Police Department
Jeannette Huggins - Police Department
Chris Rainey - Community Development Department
Sandra Miller - Finance Department
Anne Vierra - Community Development Department
Chris Nicoletti - Fleet Services
20 1b. Matthew Foor (via Teams) accepted the Proclamation recognizing March as Red Cross Month.
1c. Tom Taylor, Superintendent and David McCready, Assistant Superintendent from the Paradise Unified School District provided an update on the projects being constructed for the School District. 1d. Jim McCourt from Meeder Investments provided a Financial Update on the PG&E funds invested for the Town of Paradise.
1e. Camp Fire Recovery Updates - Written reports are included in the agenda packet.
Colette Curtis, Recovery and Economic Development Director - Recovery projects, advocacy, Economic Recovery and Development, Communications and Emergency Operations. (110-60-061)
Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update. (110-60-061)
Tony Lindsey, CDD-Building and Code Enforcement Update. (110-60- 061)
2. CONSENT CALENDAR
MOTION by Bolin, seconded by Jones, approved consent calendar items 2a through 2f. Roll call vote was unanimous.
2a. Approved minutes of the February 8, 2022 Special and Regular Town Council meetings.
2b. Approved February 2022 Cash Disbursements in the amount of $2,605,255.44. (310-10-034)
2c. Awarded 2022 Town of Paradise HVAC Maintenance Services, to RB Spencer, Inc. of Yuba City, CA in the amount of their bid $11,000 per year and $165.00 per hour. (510-20-335)
2d. Acknowledged receipt of and filed the Planning Commission’s annual report concerning implementation status of the 1994 Paradise General Plan and Housing Element for the 2021 calendar year. (760-40-55 & 760-40-57) 2e. Approved the amended Professional Services Agreement with Mark Thomas and Company and authorized the Town Manager to execute an amendment. (510-20-290, 950-40-033 and 950-40-039)
2f. Authorized the Town Manager to execute an agreement, as approved by the Town Attorney, with Willdan for the Town of Paradise BRC LED Conversion Project in an amount not to exceed $36,192.53 utilizing PG&E’s On-Bill Financing Program. (510-20-336)
21 3. ITEMS REMOVED FROM CONSENT CALENDAR – None
4. PUBLIC COMMUNICATION
1. Anna Donaldson requested an update on Hope Plaza.
Marc Mattox, Town Engineer, stated that plans had been submitted and approved, but the Town is not involved with Hope Plaza.
2. Ward Habriel donated $10 to the American Red Cross, promoted the Paradise Garden Tour on June 4 and commented on the number of times his roadway had been dug up and repaired.
3. Dennis Ivey introduced himself as the newly appointed Paradise Recreation and Park District Director and liaison with the Town of Paradise.
5. PUBLIC HEARINGS
5a. Community Development Director Susan Hartman provided the Town Council with an update on the proposed Defensible Space Certificate of Compliance fee that will be added to the Master Fee Schedule if the proposed resolution is adopted.
Mayor Crowder opened the public hearing at 7:12 p.m.
1. Ward Habriel questioned why the sellers were responsible.
2. Jon Remalia stated that he receives 30-50 calls per month for yard clean up and asked how long the certificate will be good for.
3. Barbara Carter stated that one property owner in her neighborhood is not in compliance and asked how you get compliance when you do as much as you can to keep your house safe.
Mayor Crowder closed the public hearing at 7:27 p.m.
After discussion, Council directed staff to come back at a later date, with modifications to the Ordinance, to include in the program that if the person already has a certificate of compliance on their property dated within 90 days of the sale, that would suffice and they would not have to pay the fee.
MOTION by Tryon, seconded by Culleton, approved Resolution No. 2022-14 “A Resolution of the Town Council of the Town of Paradise Adopting a New Defensible Space Certificate of Compliance Fee to the Master Schedule of Fees for Town Services”. Roll call vote was unanimous 5b. Kate Anderson, Business and Housing Manager, explained that this is the first of two public hearings for the 2022-2023 Annual Plan funding priorities; Requested that Council approve the formation of a public services subcommittee to consider input and requests for public services funding; and, that two Council Members be appointed to the public services subcommittee. 22 Mayor Crowder opened the public hearing at 7:35 p.m.
There were no public comments.
Mayor Crowder closed the public hearing at 7:35 p.m.
Town Council approved the formation of a public services sub-committee and unanimously agreed to appoint Council Members Culleton and Tryon to the Committee.
6. COUNCIL CONSIDERATION
6a. Marc Mattox, Town Engineer and Public Works Director provided Council with an overview of the On-System Road Rehabilitation project.
MOTION by Bolin, seconded by Jones, adopted Resolution No.2022-15, “A Resolution of the Town Council of the Town of Paradise Approving the Plans and Specifications for the On-System Road Rehabilitation Project and Authorizing Advertisement for Bids on the Project.” Roll call vote was unanimous.
6b. Vice Mayor Bolin recused himself from the dais at 8:00 p.m. due to a potential conflict of interest.
Marc Mattox, Town Engineer/Public Works Director provided a verbal update to the Town Council for the Paradise Sewer Project and requested that Council concur with staff recommendation to proceed with developing a Connection Payment to be paid from the Town of Paradise to the City of Chico for a potential future connection to the City's Water Pollution Control Plant for wastewater treatment services for a defined Sewer Service Area.
The potential Connection Payment, approximately $14.9 Million, will be integrated into the ongoing draft Principles of Agreement being developed by the Sewer Regionalization Project Advisory Committee. All Council present concurred to move forward with the potential Connection Payment with Vice Mayor Bolin absent and not voting.
At 8:28 p.m. Mayor Crowder recessed the meeting for a five-minute break.
At 8:35 p.m. Mayor Crowder resumed the meeting and Vice Mayor Bolin returned to the dais.
6c. Brian Solecki, Recovery and Economic Development Project Manager and Colette Curtis, Recovery and Economic Development Director presented Council with the proposed process and priorities for the Category 4 Tree Removal Program and requested Council concur with Staff recommendation regarding priorities and eligibility for the Program.
All Council concurred with staff recommendation regarding priorities and eligibility for the program and for eligibility into the program, prior to tree removal, the property must be in compliance with the Town’s Defensible space ordinance.
23 1. Ward Habriel stated that some people who own property in Town just don’t care and people living in Town just want to know how to protect their property from dangerous trees.
Staff Recommendation: Property Eligibility
All properties within Town limits are eligible
Defensible space code compliance a prerequisite for tree removal Staff Recommendation: Eligibility of Trees Priority
Ranking tree priority and determining which trees are ultimately removed:
1. Trees that threaten structures or building site
2. Trees that threaten actively used or developed portions of a parcel.
3. Trees that threaten property lines or neighboring properties.
4. Trees that threaten easements
5. Trees that increase general fire risk to a neighborhood/area.
6. Trees that threaten unused portions of a parcel.
6d. Colette Curtis, Recovery and Economic Development Director presented Council with the Non-Residential Market Study prepared by Economic and Planning Systems Inc. and asked them to consider accepting the study.
MOTION by Jones, seconded by Bolin Town Council accepted the NonResidential Market Study prepared by Economic and Planning Systems, Inc. Roll call vote was unanimous.
6e. Rick Mansion, Battalion Chief presented Council with potential changes to the Fuel Reduction and Land Clearing Burn Permits as previously requested by the Town Council.
1. Ward Habriel has concerns with smoke and how neighbors would be notified of burning in the neighborhood.
2. Jon Remalia stated that the cost of bids for property owners would be considerably less if all night burning was allowed.
After discussion Council Member Jones suggested a motion and vote since there was not consensus among the Council.
MOTION by Crowder, not allow broadcast burning, but allow 24 hour burning due to stipulations with BCAQMD and equipment and should be commercial set up.
Motion seconded and amended by Culleton to include smaller properties of 2/3 acre or more. Ayes of Culleton; Noes of Bolin, Jones, Tryon and Mayor Crowder. MOTION FAILED.
MOTION by Bolin, seconded by Culleton to leave the current burn process as is. Ayes of Bolin, Culleton, Jones and Tryon: Noes of Crowder.
MOTION PASSED.
24 6f. Fire Chief Garrett Sjolund informed Council of the proposed increase to the CalFire contract due to increased employee salaries and an increase to the employees retirement rate.
MOTION by Bolin, seconded by Jones – Jones amending the motion to include directing staff to look at funding or reducing services for the 2023/24 budget, amendment approved by Bolin, adopted Resolution No. 2022-16 “A Resolution of the Town Council of the Town of Paradise Approving the Agreement Amendment of California Department of Forestry and Fire Protection (CAL FIRE) for Services from July 1, 2021 through June 30, 2025 for a Maximum Amount Not to Exceed $18,620,847” and directed staff to look at funding or reducing services for the 2023/24 budget. Roll call vote was unanimous.
6g. Police Chief Eric Reinbold presented the proposed ordinance regarding the use of military equipment required by Assembly Bill 481.
MOTION by Culleton, seconded by Crowder, waived the first reading of the Town of Paradise Ordinance No. 615 and read by title only; and, 2.
Introduced Town of Paradise Ordinance No. 615 “An Ordinance Adding Section 9.70 to the Paradise Municipal Code Relating to Military Equipment Use”. Roll call vote was unanimous.
6h. Police Chief Eric Reinbold presented an overview of the options presented in the Report by Management Partners to return Dispatch Services to the Town of Paradise.
MOTION by Culleton, seconded by Crowder, to accept the Paradise Police Department Report on the options for Dispatch services; and, 2.
Directed staff to move forward with the six dispatchers/3-year plan for the future return of dispatch services and updates to the Town Council when significant items occur. Roll call vote was unanimous.
6i. Finance Director Ross Gilb provide Council with an overview of 2021-22 budget accomplishments and requested direction and feedback regarding goals for the FY 2022-23 Operating and Capital Budgets.
Council concurred with the following:
Proposed 2022-23 Budget goals include:
Maintaining Long-term Financial Sustainability
Maintaining support level of Personnel
Continuing Disaster Recovery and Capital Improvement Projects Managing Employee Retirement Costs
25 Budget Calendar Dates:
March 8, 2022 – Town Council Goal Setting
March 22, 2022 – Measure V Oversight Board – Budget discussions April & May – Staff Budget discussions & Development and Update to Long-Term Fiscal Sustainability Model
May 24, 2022 – Measure V Oversight Committee – Draft Measure V Budget Review
May 31, 2022 – Finance Committee Draft Budget Review
June 14, 2022 - Town Council Draft Budget Review
June 28, 2022 – Town Council Budget Adoption
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items - None
7b. Council reports on committee representation
Vice Mayor Bolin attended the LAFCo meeting where PID was discussed. 7c. Future Agenda Items
Council Member Culleton would like to see the following items on a future agenda:
1. Discuss road construction projects with identifying plaques and putting maps on social media so citizens can see where construction is in town
2. When ordinance is violated, owner is cited, wants to review ordinance to cite violator
3. Discuss having two (2) Council meetings a month.
8. STAFF COMMUNICATION
8a. Town Manager Report - None
9. CLOSED SESSION - None
10. ADJOURNMENT
Mayor Crowder adjourned the Council meeting at 11:02 p.m.
Date approved:
By:
______________________
Steve Crowder, Mayor
Attest:
_______________________
Dina Volenski, CMC, Town Clerk
26 TOWN OF PARADISE
CASH DISBURSEMENTS REPORT
FOR THE PERIOD OF
March 1, 2022 - March 31, 2022
27 CASH DISBURSEMENTS REPORT
March 1, 2022 - March 31, 2022
Check Date Pay Period End Description Amount Total
3/4/2022 2/27/2022 Net Payroll - Direct Deposits and Checks $ 181,614.12 3/18/2022 3/13/2022 Net Payroll - Direct Deposits and Checks 178,156.53 $ 359,770.65
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 372,939.13 Operations Vendors: Supplies, Contracts, Utilities, Etc. $ 2,529,977.37 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 2,902,916.50
GRAND TOTAL CASH DISBURSEMENTS $ 3,262,687.15
APPROVED BY:
Kevin Phillips, Town Manager
APPROVED BY:
Ross Gilb, Finance Director / Town Treasurer
28 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
80101 03/01/2022 Open $781.25
80102 03/01/2022 Open $1,073.32
80103 03/01/2022 Open $7,926.51
80104 03/01/2022 Open $166.50
80105 03/08/2022 Open $1,450.00
80106 03/08/2022 Open $194.76
80107 03/08/2022 Open $57.98
80108 03/08/2022 Open $10,407.43
80109 03/08/2022 Open $1,003.00
80110 03/08/2022 Open $1,713.06
80111 03/08/2022 Open $6,257.36
80112 03/08/2022 Open $800.27
80113 03/08/2022 Open $80.00
80114 03/10/2022 Open $463.32
80115 03/10/2022 Open $18,900.00
80116 03/10/2022 Open $11.93
80117 03/10/2022 Open $1,033.00
80118 03/10/2022 Open $110,253.06
80119 03/10/2022 Open $109.95
80120 03/10/2022 Open $89.46
80121 03/10/2022 Open $210.49
80122 03/10/2022 Open $22.50
80123 03/10/2022 Open $5,578.74
80124 03/10/2022 Open $1,129.86
80125 03/10/2022 Open $35,467.00
80126 03/10/2022 Open $31,330.00
80127 03/10/2022 Open $120.00
80128 03/10/2022 Open $10,000.00
80129 03/10/2022 Open $375.00
80130 03/10/2022 Open $310.27
80131 03/10/2022 Open $17.25
80132 03/10/2022 Open $4,166.67
80133 03/10/2022 Open $4,000.00
80134 03/10/2022 Open $41.00
80135 03/10/2022 Open $104.00
80136 03/10/2022 Open $92,851.36
80137 03/10/2022 Open $8,316.00
80138 03/10/2022 Open $180.50
80139 03/10/2022 Open $417.50
80140 03/10/2022 Open $100.51
80141 03/10/2022 Open $9,810.00
80142 03/10/2022 Open $287.32
80143 03/10/2022 Open $21,712.50
80144 03/10/2022 Open $90,459.48
80145 03/10/2022 Open $1,632.45
80146 03/10/2022 Open $373.35
80147 03/10/2022 Open $4,600.00
Accounts Payable ICMA 457 - VANTAGEPOINT
AP - US Bank TOP AP Checking
Check
Accounts Payable De Lage Landen Public Finance LLC
Accounts Payable ENTERPRISE FM TRUST
Accounts Payable OPERATING ENGINEERS
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2022 - To Payment Date: 3/31/2022 Source Payee Name
Accounts Payable Santander Leasing LLC
Accounts Payable SBA Monarch Towers III LLC
PARADISE POLICE OFFICERS ASSOCIATION
Accounts Payable SUN LIFE INSURANCE
Accounts Payable STATE DISBURSEMENT UNIT
Accounts Payable Aflac
Accounts Payable Met Life
Accounts Payable
Accounts Payable Adams Ashby Group, Inc.
Accounts Payable ADVANCED DOCUMENT CONCEPTS
Accounts Payable Airvac - Air Vacuum Corporation
Accounts Payable SUPERIOR VISION SVC NGLIC
Accounts Payable TOP CONFIDENTIAL MID MGMT ASSOCIATION
Accounts Payable ACI ENTERPRISES, INC.
Accounts Payable AT&T/CALNET3 - REPEATER LINES
Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
Accounts Payable AT&T/CALNET3 - Summary
Accounts Payable All-American Construction, Inc.
Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
Accounts Payable AT&T MOBILITY
Accounts Payable Big O Tires
Accounts Payable Bill G Donovan
Accounts Payable Bill G Donovan
Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
Accounts Payable Balken Construction
Accounts Payable Balken Construction
Accounts Payable Broad & Gusman
Accounts Payable Bug Smart
Accounts Payable BUTTE CO RECORDER
Accounts Payable Bill G Donovan
Accounts Payable Biometrics4ALL, Inc
Accounts Payable Blue Flamingo Marketing Advocates
Accounts Payable Cal OES - Accounting Branch
Accounts Payable Cal Signal Corp
Accounts Payable Constant Associates
Accounts Payable BUTTE CO SHERIFF'S OFFICE
Accounts Payable Butte County Information Systems
Accounts Payable BUTTE REGIONAL TRANSIT
Accounts Payable DURHAM PENTZ TRUCK CENTER
Accounts Payable Eagle Security Systems
Accounts Payable Ernie's Mobile Home Transport, Inc.
Accounts Payable Creative Composition Inc
Accounts Payable DADCO
Accounts Payable Dokken Engineering, Inc.
29 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2022 - To Payment Date: 3/31/2022 Source Payee Name
80148 03/10/2022 Open $31,044.00
80149 03/10/2022 Open $274.78
80150 03/10/2022 Open $5,296.00
80151 03/10/2022 Open $350.00
80152 03/10/2022 Open $69,635.11
80153 03/10/2022 Open $2,215.13
80154 03/10/2022 Open $1,800.00
80155 03/10/2022 Open $1,038.58
80156 03/10/2022 Open $13,898.91
80157 03/10/2022 Open $237.07
80158 03/10/2022 Open $981.86
80159 03/10/2022 Open $1,225.00
80160 03/10/2022 Open $4,550.00
80161 03/10/2022 Open $560.80
80162 03/10/2022 Open $103.44
80163 03/10/2022 Voided Incorrect Amount 03/10/2022 $494.27 80164 03/10/2022 Open $506.43
80165 03/10/2022 Open $56.30
80166 03/10/2022 Open $183,663.40
80167 03/10/2022 Open $2,275.20
80168 03/10/2022 Open $7,818.86
80169 03/10/2022 Open $37,620.00
80170 03/10/2022 Open $507.25
80171 03/10/2022 Open $4,966.22
80172 03/10/2022 Open $9,235.63
80173 03/10/2022 Open $220.24
80174 03/10/2022 Open $613.99
80175 03/10/2022 Open $484.00
80176 03/10/2022 Open $261.37
80177 03/10/2022 Open $1,060.12
80178 03/10/2022 Open $3,322.02
80179 03/10/2022 Open $81.70
80180 03/10/2022 Open $301.48
80181 03/10/2022 Open $749.86
80182 03/10/2022 Open $118.64
80183 03/10/2022 Open $370.93
80184 03/10/2022 Open $1,668.00
80185 03/10/2022 Open $13,619.41
80186 03/10/2022 Open $116.20
80187 03/10/2022 Open $269.82
80188 03/10/2022 Open $2,830.42
80189 03/10/2022 Open $4,103.25
80190 03/10/2022 Open $1,844.53
80191 03/10/2022 Open $8,780.62
80192 03/10/2022 Open $3,578.75
80193 03/10/2022 Open $33.00
80194 03/10/2022 Open $4,446.25
Accounts Payable Gregory Cundiff
Accounts Payable HDR Engineering, Inc
Accounts Payable Herc Rentals Inc.
Accounts Payable EXECUTIVE HOMES
Accounts Payable GREAT AMERICA LEASING CORP.
Accounts Payable GREEN RIDGE LANDSCAPING
Accounts Payable INTERSTATE OIL COMPANY
Accounts Payable J.J.R. Enterprises Inc
Accounts Payable James or Lavenia Riotto
Accounts Payable Hope Crisis Response Network, Inc
Accounts Payable HUDSON'S APPLIANCE CENTER
Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV SVCS/US BANCORP Accounts Payable Lash's Glass
Accounts Payable LIFE ASSIST INC
Accounts Payable LOCATE PLUS CORPORATION
Accounts Payable Jennifer Arbuckle
Accounts Payable JOHNNY ON THE SPOT PORTABLES
Accounts Payable KEN'S HITCH & WELDING
Accounts Payable Mennonite Disaster Service
Accounts Payable MID VALLEY TITLE & ESCROW
Accounts Payable Miwall Corporation
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable NICOLETTI, CHRISTOPHER
Accounts Payable NORMAC INC
Accounts Payable North State Tire Co. Inc.
Accounts Payable MOTOROLA
Accounts Payable Mt Shasta Spring Water Co., Inc
Accounts Payable MUNICIPAL CODE CORP
Accounts Payable O'REILLY AUTO PARTS
Accounts Payable OFFICE DEPOT ACCT#36233169
Accounts Payable OROVILLE FORD
Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
Accounts Payable NORTHGATE PETROLEUM CO
Accounts Payable NV5, Inc.
Accounts Payable Peacekeeper Products International
Accounts Payable PETERSON TRACTOR CO
Accounts Payable Psomas
Accounts Payable Pace Analytical Services, LLC
Accounts Payable PACIFIC GAS & ELECTRIC
Accounts Payable PARADISE POST
Accounts Payable Tahoe Pure Water Co.
Accounts Payable Tetra Tech - EMI
Accounts Payable Riebes Auto Parts- Motorpool
Accounts Payable Spherion Staffing
Accounts Payable Stratti
30 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2022 - To Payment Date: 3/31/2022 Source Payee Name
80195 03/10/2022 Open $38.70
80196 03/10/2022 Open $389.87
80197 03/10/2022 Open $73.05
80198 03/10/2022 Open $16.72
80199 03/10/2022 Open $256.27
80200 03/10/2022 Open $2,352.00
80201 03/10/2022 Open $7,242.69
80202 03/10/2022 Open $354.80
80203 03/10/2022 Open $308.15
80204 03/10/2022 Open $650.00
80205 03/10/2022 Open $5,960.00
80206 03/10/2022 Open $24,047.26
80207 03/22/2022 Open $1,450.00
80208 03/22/2022 Open $194.76
80209 03/24/2022 Open $60,875.00
80210 03/24/2022 Open $175.66
80211 03/24/2022 Open $297.79
80212 03/24/2022 Open $16.80
80213 03/24/2022 Open $72.00
80214 03/24/2022 Open $95.00
80215 03/24/2022 Open $1,071.15
80216 03/24/2022 Open $110.56
80217 03/24/2022 Open $69.55
80218 03/24/2022 Open $211.65
80219 03/24/2022 Open $22.56
80220 03/24/2022 Open $5,449.42
80221 03/24/2022 Open $1,129.86
80222 03/24/2022 Open $147,513.52
80223 03/24/2022 Open $181.94
80224 03/24/2022 Open $9.00
80225 03/24/2022 Open $458.82
80226 03/24/2022 Open $15.58
80227 03/24/2022 Open $260.00
80228 03/24/2022 Open $391.40
80229 03/24/2022 Open $416.40
80230 03/24/2022 Open $143.40
80231 03/24/2022 Open $4,390.00
80232 03/24/2022 Open $348.26
80233 03/24/2022 Open $1,113.10
80234 03/24/2022 Open $1,075,189.97
80235 03/24/2022 Open $9,153.68
80236 03/24/2022 Open $112,383.44
80237 03/24/2022 Open $226.55
80238 03/24/2022 Open $109.95
80239 03/24/2022 Open $384.90
80240 03/24/2022 Open $1,820.00
80241 03/24/2022 Open $24.47
Accounts Payable THOMAS ACE HARDWARE
Accounts Payable Tri Flame Propane
Accounts Payable Urban Design Associates. LTD
Accounts Payable Urban Planning Partners Inc
Accounts Payable THOMAS ACE HARDWARE - ENG. DEPT.
Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
Accounts Payable THOMAS ACE HARDWARE - POLICE DEPT.
Accounts Payable White Glove Cleaning Svc Inc, Theresa Contreras Accounts Payable Wood Rodgers, Inc.
Accounts Payable ICMA 457 - VANTAGEPOINT
Accounts Payable VALLEY OAK VETERINARY CENTER
Accounts Payable VERIZON WIRELESS
Accounts Payable Wayne A. Murphy General Contractor
Accounts Payable ADVANCED DOCUMENT CONCEPTS
Accounts Payable American River Benefit Administrators
Accounts Payable ANIMAL HOSPITAL/VETMOBILE
Accounts Payable STATE DISBURSEMENT UNIT
Accounts Payable 4LEAF, Inc
Accounts Payable ACCESS INFORMATION PROTECTED
Accounts Payable AT&T MOBILITY
Accounts Payable AT&T/CALNET3 - REPEATER LINES
Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
Accounts Payable Asbury Environmental Services
Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
Accounts Payable Big O Tires
Accounts Payable Biometrics4ALL, Inc
Accounts Payable Blue Flamingo Marketing Advocates
Accounts Payable AT&T/CALNET3 - Summary
Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
Accounts Payable Bear Electric Solutions
Accounts Payable COMCAST CABLE
Accounts Payable COMCAST CABLE
Accounts Payable Constant Associates
Accounts Payable BUTTE CO NEAL ROAD LANDFILL
Accounts Payable CALIFORNIA STATE DEPARTMENT OF JUSTICE Accounts Payable COMCAST CABLE
Accounts Payable Dewberry Engineers Inc.
Accounts Payable Dokken Engineering, Inc.
Accounts Payable DURHAM PENTZ TRUCK CENTER
Accounts Payable Creative Composition Inc
Accounts Payable Crowder, Steven
Accounts Payable DEPARTMENT OF FORESTRY & FIRE PROTECTION Accounts Payable FOOTHILL MILL & LUMBER
Accounts Payable Entersect
Accounts Payable EVERGREEN JANITORIAL SUPPLY, INC.
Accounts Payable EXPERTS IN YOUR HOME
31 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2022 - To Payment Date: 3/31/2022 Source Payee Name
80242 03/24/2022 Open $135.00
80243 03/24/2022 Open $417.50
80244 03/24/2022 Open $453.83
80245 03/24/2022 Open $2,658.89
80246 03/24/2022 Open $23,336.00
80247 03/24/2022 Open $2,846.82
80248 03/24/2022 Open $115.00
80249 03/24/2022 Open $462.92
80250 03/24/2022 Open $850.00
80251 03/24/2022 Open $46.87
80252 03/24/2022 Open $1,200.00
80253 03/24/2022 Open $425.50
80254 03/24/2022 Open $955.93
80255 03/24/2022 Open $325.41
80256 03/24/2022 Open $160.62
80257 03/24/2022 Open $134.50
80258 03/24/2022 Open $1,832.50
80259 03/24/2022 Open $52.75
80260 03/24/2022 Open $7,465.00
80261 03/24/2022 Open $18,535.45
80262 03/24/2022 Open $60.00
80263 03/24/2022 Open $30,780.00
80264 03/24/2022 Open $495.00
80265 03/24/2022 Open $475.93
80266 03/24/2022 Open $399.00
80267 03/24/2022 Open $39.99
80268 03/24/2022 Open $7,650.00
80269 03/24/2022 Open $2,572.54
80270 03/24/2022 Open $808.13
80271 03/24/2022 Open $373.99
80272 03/24/2022 Open $492.85
80273 03/24/2022 Open $348.65
80274 03/24/2022 Open $2,490.00
80275 03/24/2022 Open $12,265.04
80276 03/24/2022 Open $175.90
80277 03/24/2022 Open $2,830.42
80278 03/24/2022 Open $887.13
80279 03/24/2022 Open $59.12
80280 03/24/2022 Open $50.00
80281 03/24/2022 Open $9,071.78
80282 03/24/2022 Open $18,441.07
80283 03/24/2022 Open $59.73
80284 03/24/2022 Open $408.83
80285 03/24/2022 Open $127.42
80286 03/24/2022 Open $70.69
80287 03/24/2022 Open $450.12
80288 03/24/2022 Open $231.76
Accounts Payable PARADISE IRRIGATION DIST
THOMAS HYDRAULIC & HARDWARE SUPPLY, INC.
Accounts Payable FP/FRANCOTYP-POSTALIA MAILING SOLUTIONS Accounts Payable GOVERNOR'S OFFICE OF EMERGENCY SERVICES Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV SVCS/US BANCORP Accounts Payable INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS Accounts Payable INTERSTATE OIL COMPANY
Accounts Payable Herc Rentals Inc.
Accounts Payable HINDERLITER, DE LLAMAS & ASSOCIATES INC.
Accounts Payable Hope Crisis Response Network, Inc
Accounts Payable Kovacs, Cameron
Accounts Payable L.N. CURTIS & SONS
Accounts Payable Lash's Glass
Accounts Payable James or Lavenia Riotto
Accounts Payable KEN'S HITCH & WELDING
Accounts Payable KOEFRAN INDUSTRIES
Accounts Payable Lowe, Samantha
Accounts Payable Management Partners, Inc
Accounts Payable Mark Thomas & Company Inc
Accounts Payable LEHR AUTO ELECTRIC STOMMEL, INC.
Accounts Payable Lindsey, Anthony
Accounts Payable Look Ahead Veterinary Services
Accounts Payable MOBILE MINI INC
Accounts Payable MUNICIPAL CODE CORP
Accounts Payable MUNIMETRIX SYSTEMS CORP
Accounts Payable McCoy, Janice
Accounts Payable Mennonite Disaster Service
Accounts Payable Meyers Police K-9 Training, LLC
Accounts Payable Oroville Tow & Salvage
Accounts Payable
Accounts Payable
Accounts Payable OROVILLE FORD
Accounts Payable NextRequest Co.
Accounts Payable North State Tire Co. Inc.
Accounts Payable Northern California Glove & Safety
O'REILLY AUTO PARTS
Accounts Payable OFFICE DEPOT ACCT#36233169
PACIFIC GAS & ELECTRIC
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable PETERSON TRACTOR CO
Accounts Payable Riebes Auto Parts- Motorpool
Accounts Payable Riebes Auto Parts-Public Works
THOMAS ACE HARDWARE - FIRE DEPT.
Accounts Payable Sigler Pest Control
Accounts Payable Spherion Staffing
Accounts Payable
THOMAS ACE HARDWARE - MOTORPOOL
THOMAS ACE HARDWARE - POLICE DEPT.
Stratti
Accounts Payable Tahoe Pure Water Co.
Accounts Payable THOMAS ACE HARDWARE - ENG. DEPT.
Accounts Payable
32 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2022 - To Payment Date: 3/31/2022 Source Payee Name
80289 03/24/2022 Open $521.99
80290 03/24/2022 Open $2,049.73
80291 03/24/2022 Open $8,665.00
80292 03/24/2022 Open $396.75
80293 03/24/2022 Open $345.38
80294 03/24/2022 Open $1,132.06
80295 03/24/2022 Open $694.55
80296 03/24/2022 Open $591.50
80297 03/24/2022 Open $308.15
80298 03/24/2022 Open $1,057.10
80299 03/24/2022 Open $129.30
80300 03/24/2022 Open $44.25
80301 03/24/2022 Open $44.25
$2,553,585.99
1264 03/03/2022 Open $8,844.08
1265 03/03/2022 Open $31,595.63
1266 03/08/2022 Open $46,447.20
1267 03/08/2022 Open $7,685.00
1268 03/08/2022 Open $121,061.11
1270 03/17/2022 Open $8,362.23
1271 03/17/2022 Open $30,532.76
1272 03/22/2022 Open $46,286.10
1273 03/22/2022 Open $7,685.00
1274 03/30/2022 Open $8,867.40
1275 03/30/2022 Open $31,964.00
$349,330.51
Checks Status Count
Open 200
Reconciled 0
Voided 1
Stopped 0
Total 201
EFTs Status Count
Open 11
Reconciled 0
Voided 0
Total 11
All Status Count
Open 211
Reconciled 0
Voided 1
Stopped 0
$2,902,422.23 $0.00
$0.00 $0.00
$494.27 $0.00
$0.00 $0.00
$349,330.51 $0.00
$0.00 $0.00
$0.00 $0.00
$349,330.51 $0.00
Transaction Amount Reconciled Amount
$0.00 $0.00
$494.27 $0.00
$0.00 $0.00
$2,553,585.99 $0.00
Transaction Amount Reconciled Amount
Accounts Payable INTERNAL REVENUE SERVICE
Type EFT Totals: 11 Transactions
AP - US Bank TOP AP Checking Totals
Transaction Amount Reconciled Amount
$2,553,091.72 $0.00
Accounts Payable EMPLOYMENT DEVELOPMENT DEPARTMENT
Accounts Payable INTERNAL REVENUE SERVICE
Accounts Payable CALPERS - RETIREMENT
Accounts Payable ING LIFE INS & ANNUITY COMPANY
Accounts Payable EMPLOYMENT DEVELOPMENT DEPARTMENT
Accounts Payable
Type Check Totals: 201 Transactions
EFT
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable VERIZON WIRELESS
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable Tri Flame Propane
Accounts Payable UNITED RENTALS, INC.
Accounts Payable
Accounts Payable
ING LIFE INS & ANNUITY COMPANY
CALPERS
VERIZON WIRELESS
VERIZON WIRELESS
WILGUS FIRE CONTROL INC
CALPERS - RETIREMENT
Lui, Andrea
Vannucci, Dominic
VERIZON WIRELESS
Urban Planning Partners Inc
INTERNAL REVENUE SERVICE
EMPLOYMENT DEVELOPMENT DEPARTMENT
YOWZERS.COM
Huggins, Jeannette
VERIZON WIRELESS
33 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
AP - US Bank TOP AP Checking
Check
TOWN OF PARADISE
Payment Register
From Payment Date: 3/1/2022 - To Payment Date: 3/31/2022 Source Payee Name
Total 212 $2,902,916.50 $0.00
34 Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 2(c)
ORIGINATED BY: Eric Reinbold, Police Chief
REVIEWED BY: Kevin Phillips, Town Manager
Scott Huber, Town Attorney
SUBJECT: Adoption of Town Ordinance No. 615
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Waive second reading of the entire Town Ordinance No. 615 and approve reading by title only; and,
2. Adopt Town Ordinance No. 615, “An Ordinance Adding Section 9.70 to the Paradise Municipal Code Relating to Military Equipment Use.”
Background:
On March 8, 2022, the Town Council introduced the above-noted Town ordinance for purposes of eventual adoption. If adopted, the proposed ordinance intends to add Section 9.70 to the Paradise Municipal Code that requires a law enforcement agency (LEA) to obtain approval from its governing body, via adoption of a “military equipment” use policy by Ordinance prior to the LEA funding, acquiring or using military equipment.
Analysis:
Town staff recommends the Town Council waive the second reading of this entire ordinance; read it by title only, and formally adopt Town Ordinance No. 615 [copy attached]. Once adopted, the provisions of this ordinance will be effective in 30 days.
Financial Impact:
A nominal cost for publication of the ordinance within the local newspaper and codification will be borne by the Town of Paradise.
Attachment
35 TOWN OF PARADISE
ORDINANCE NO. 615
AN ORDINANCE ADDING SECTION 9.70 TO THE PARADISE MUNCIPAL CODE
RELATING TO MILITARY EQUIPMENT USE
SECTION 1. Findings. The Town Council of the Town of Paradise finds:
A. On September 30, 2021, the Governor of the State of California signed into law Assembly Bill 481, relating to the use of military equipment by law enforcement agencies.
B. Assembly Bill 481, codified at California Government Code sections 7070 through 7075, requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a “military equipment” use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment. The term “military equipment” is defined in California Government Code section 7070.
C. Assembly Bill 481 allows the governing body of a Town to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations.
D. The proposed military equipment use policy enacted by this Ordinance will be maintained by the Paradise Police Department.
E. The proposed military equipment use policy enacted by this Ordinance will be published prior to enactment, and will be reviewed annually by the Town Council.
F. The proposed military equipment use policy enacted by this Ordinance meets the requirements of California Government Code section 7070, subdivision (d).
SECTION 2. Chapter 9.70 of the Paradise Municipal Code is added to read as follows:
Chapter 9.70
“MILITARY EQUIPMENT” USE ORDINANCE
Sections:
9.70.010 Name of Ordinance
9.70.020 Definitions
9.70.030 Military Equipment Use Policy Requirement
9.70.040 Use In Exigent Circumstances
9.70.050 Reports on the Use of Controlled Equipment
9.70.060 Enforcement
9.70.070 Whistleblower Protections
9.70.080 Severability
9.70.010 Name of Ordinance
A. This Ordinance shall be known as the Military Equipment Use Ordinance. 36 TOWN OF PARADISE
ORDINANCE NO. 615
2 9.70.020 Definitions
A. “Military Equipment” includes all of the following (pursuant to California Government Code §7070):
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.
However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
37 TOWN OF PARADISE
ORDINANCE NO. 615
3 B. "Town" means any department, agency, bureau, and/or subordinate division of the Town of Paradise.
C. “Police Department” means any division, section, bureau, employee, volunteer and/or contractor of the Town of Paradise Police Department.
D. “Town Council” means the governing body that is the Town of Paradise Town Council.
E. “Military Equipment Use Policy” means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of Military Equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the Military Equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of Military Equipment.
3. The fiscal impact of each type of Military Equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the Military Equipment use policy.
6. The mechanisms to ensure compliance with the Military Equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
F. "Exigent Circumstances" means a law enforcement agency's good faith belief that an emergency involving the danger of, or imminent threat of death or serious physical injury to any person is occurring, has occurred, is about to occur, or may reasonably occur in the near future.
G. "State agency" means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
38 TOWN OF PARADISE
ORDINANCE NO. 615
4 H. "Type" means each item that shares the same manufacturer model number.
9.70.030 Military Equipment Use Policy Requirement
A. The Paradise Police Department shall obtain approval of the Town Council, by an ordinance adopting a Military Equipment Use Policy (MEUP) at a regular meeting of the Town Council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, related to the use of the following:
1. Requesting Military Equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
2. Seeking funds for Military Equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
3. Acquiring Military Equipment either permanently or temporarily, including by borrowing or leasing.
4. Collaborating with another law enforcement agency in the deployment or other use of Military Equipment within the territorial jurisdiction of the Town of Paradise.
5. Using any new or existing Military Equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, Military Equipment.
7. Acquiring Military Equipment through any means not provided by this section.
B. No later than May 1, 2022, if seeking to continue the use of any Military Equipment that was acquired prior to January 1, 2022, the Paradise Police Department shall commence a Town Council approval process in accordance with this section. If the Town Council does not approve the continuing use of Military Equipment, including by adoption pursuant to a Military Equipment Use Policy submitted pursuant to this code, within 180 days of submission of the proposed Military Equipment Use Policy to Town Council, the Paradise Police Department shall cease its use of the Military Equipment until it receives the approval of Town Council in accordance with this code.
C. In seeking the approval of Town Council, the Paradise Police Department shall submit a proposed Military Equipment Use Policy to Town Council and make those documents available on the Police Department’s internet website at least 30 days prior to any public hearing concerning the Military Equipment at issue.
D. The governing body shall consider a proposed Military Equipment Use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 39 TOWN OF PARADISE
ORDINANCE NO. 615
5 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
E. The governing body shall only approve a Military Equipment Use Policy pursuant to this chapter if it determines all of the following:
1. The Military Equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. The proposed Military Equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties.
3. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
4. Prior Military Equipment use complied with the Military Equipment Use Policy that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Use Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
F. In order to facilitate public participation, any proposed or final Military Equipment Use Policy shall be made publicly available on the internet website of the Police Department for as long as the Military Equipment is available for use.
G. The Town Council shall review any ordinance that it has adopted pursuant to this Chapter approving the funding, acquisition, or use of Military Equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the BagleyKeene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
9.70.040 Use in Exigent Circumstances
A. Notwithstanding the provisions of this Chapter, the Police Department may acquire, borrow and/or use Military Equipment in Exigent Circumstances without following the requirements of this code. Exigent Circumstances shall be determined by the Paradise Chief of Police is his or her absolute and sole discretion.
B. If the Police Department acquires, borrows, and/or uses Military Equipment in Exigent Circumstances, in accordance with this section, it must take all of the following actions:
1. Provide written notice of that acquisition or use to the Town Council within 30 days following the commencement of such Exigent Circumstance, unless such information is confidential or privileged under local, state or federal law.
2. If it is anticipated that the use will continue beyond the Exigent Circumstance, submit a proposed amended Military Equipment Use Policy to the Town Council 40 TOWN OF PARADISE
ORDINANCE NO. 615
6 within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the Town Council.
3. Include the Military Equipment in the Police Department’s next annual Military Equipment Report.
9.70.050 Reports on the Use of Military Equipment.
A. The Police Department shall submit to Town Council an annual Military Equipment Report for each type of Military Equipment approved by the Town Council within one year of approval, and annually thereafter for as long as the Military Equipment is available for use.
B. The Police Department shall also make each annual Military Equipment Report required by this section publicly available on its internet website for as long as the Military Equipment is available for use.
C. The annual Military Equipment Report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of Military Equipment:
1. A summary of how the Military Equipment was used and the purpose of its use.
2. A summary of any complaints or concerns received concerning the Military Equipment.
3. The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response.
4. The total annual cost for each type of Military Equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the Military Equipment in the calendar year following submission of the annual Military Equipment Report.
5. The quantity possessed for each type of Military Equipment.
6. If the law enforcement agency intends to acquire additional Military Equipment in the next year, the quantity sought for each type of Military Equipment.
D. Within 30 days of submitting and publicly releasing an annual Military Equipment Report pursuant to this section, the Police Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual Military Equipment report and the law enforcement agency's funding, acquisition, or use of Military Equipment.
E. The Town Council shall determine, based on the annual Military Equipment Report submitted pursuant to this section, whether each type of Military Equipment identified in that report has complied with the standards for approval set forth in this code and the Military Equipment Use Policy. If the Town Council determines that a type of Military 41 TOWN OF PARADISE
ORDINANCE NO. 615
7 Equipment identified in that annual Military Equipment Report has not complied with the standards for approval, the Town Council shall either disapprove a renewal of the authorization for that type of Military Equipment or require modifications to the Military Equipment Use Policy in a manner that will resolve the lack of compliance.
9.70.060 Enforcement.
A. Remedies for Violations of this Ordinance
1. This Chapter does not provide a private right of action upon any person or entity to seek injunctive relief against the Town or any employee unless that person or entity has first provided written notice to the Town Manager by serving the Town Clerk, regarding the specific alleged violations of this Chapter.
2. If a specific alleged violation is not remedied within 90 days of that written notice, a person or entity may seek injunctive relief in a court of competent jurisdiction.
3. If the alleged violation is substantiated and subsequently cured, a notice shall be posted in a conspicuous manner on the Town’s website that describes, to the extent permissible by law, the corrective measures taken to address the violation.
4. If it is shown that the violation is the result of arbitrary or capricious action by the Town or an employee or agent thereof in his or her official capacity, the prevailing complainant in an action for relief may collect from the Town reasonable attorney’s fees in an amount not to exceed $5,000 if they are personally obligated to pay such fees.
9.70.070 Whistleblower Protections.
All provisions of Paradise’s Protection of Whistleblowers Workplace Policy, and including any updates or replacements thereto, shall apply.
9.70.080 Severability
A. If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter.
B. The Town Council hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.
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.
42 TOWN OF PARADISE
ORDINANCE NO. 615
8 PASSED AND ADOPTED BY THE Town Council of the Town of Paradise, County of Butte, State of California, on this 12th day of April 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
43 Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 2(d)
ORIGINATED BY: Marc Mattox, Public Works Director/Town Engineer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: On Call Surveyor Recommendation
LONG TERM
RECOVERY PLAN:
Yes – Tier 1 “Supporting Homeowners” and “Codes &
Standards”
COUNCIL ACTION REQUESTED:
1. Concur with staff’s recommendation of Northstar and Rolls Anderson Rolls to perform On Call Surveying Services for the Town’s survey needs to support Public Works and Development services; and,
2. Approve the attached Professional Services Agreement with Northstar Engineering and Rolls Anderson Rolls and authorize the Town Manager to execute a two-year contract, with three one-year optional extensions.
Background:
The Town’s review of subdivision maps is subject to the requirements of the State of the California Subdivision Map Act which requires a California licensed land surveyor to review and sign all subdivision maps and associated surveying documents, signing to certify them as technically correct. Larger towns/cities typically have the need and the resources to maintain a licensed land surveyor on staff who is then designated the Town Surveyor for the purpose of reviewing and signing subdivision maps and associated surveying documents. To comply with the Map Act’s requirements and without a California licensed land surveyor on staff, the Town must contract for these services, with an individual designated as the acting Town Surveyor. Additionally, the Town periodically requires miscellaneous land surveying duties such as the setting of monuments and topographic surveys, that are proposed to be included in this agreement, and we currently do not have the capacity to perform with the acting Town Surveyor. A surveying firm, with multiple field crews and designated review staff, experience acting as the Town Surveyor, and local recording experience would fill this need for the Town of Paradise development and Public Works projects.
The Town currently contracts the services of a local Licensed Land Surveyor on an hourly basis according to the Town’s published fee schedule, and this On Call Surveying Contract would supplement, and may eventually replace this effort, on the same cost recovery fee basis.
On December 17, 2021, the Town of Paradise Engineering Department issued a formal Request for Qualifications (RFQ) for interested consultants for On-Call Surveying Services to the Town of Paradise. The published announcement read:
The Town of Paradise requests a statement of qualifications from qualified consultants with a California Licensed Land Surveyor to provide review and support of Land Surveying elements associated with Development and Town projects, as required by the State of California Subdivision Map Act. Additionally, the Town periodically requires miscellaneous Land Surveying duties such as, but not limited to review of deeds, rights or other Title 44 documents, the research or setting of monuments, topographic survey, or other similar services, which are proposed to be included in this contract.
The scope of work of the RFQ is summarized below:
Request for Statement of Qualifications
The Town of Paradise requests a statement of qualifications to enter a two (2) year agreement with up to three (3) one (1) year extensions not to exceed five (5) years with a California Licensed Land Surveyor (Consultant) to provide review and support of Land Surveying elements associated with Development and Town projects, as required by the State of California Subdivision Map Act. Additionally, the Town periodically requires miscellaneous Land Surveying duties such as, but not limited to review of deeds, rights or other Title documents, the research or setting of monuments, topographic survey, or other similar services, which are proposed to be included in this contract.
The Statement of Qualifications submitted in response to this Request for Qualifications (RFQ) will be used as a basis for selecting the Consultant for this master on-call contract.
The submitted Statement of Qualifications will be evaluated and ranked according to the criteria provided in the “Evaluation Criteria” section of this RFQ.
Scope of Services
Surveying review tasks shall include, but are not necessarily limited to, the following described below. If the Consultant feels that additional routine tasks are warranted, they must be clearly identified in the company’s Statement of Qualifications.
The Consultant selected would perform the following services under the direction of the Town Engineer: Plan Check & Redlines, Final Review & Recording, Town Surveyor, Additional Services as Requested.
Consultant Qualifications and Conditions
The Consultant must have the following qualifications:
1. At least one (1) California Licensed Land Surveyor on staff, in good standing with the California Board of Professional Land Surveyors
2. Ability to review, document, redline and communicate with Town staff for: Lot Line Adjustments, Lot Mergers, Parcel Maps, Final Maps, easements, Grant Deeds, Recording packages, and familiarity and experience with California Land Surveying practices
3. Ability to review hard copy or scanned documents/submittals, and return scanned documents/redlines to the Town or Applicant, and coordinate the processing with Town Staff
The submitted Statement of Qualifications shall identify, by name, the Licensed or supervised personnel who will be available and would be assigned to review and coordinate with the Town for Surveying Services. The Statement of Qualifications shall also indicate the Licensed Land Surveyor who will be the signatory for the Town (title block for final recording) as the Town Surveyor.
Contract Term: It is the intent of the Town to contract for Surveying Services for a term of two (2) years with up to three (3) one (1) year extensions not to exceed a total of five (5) years, subject to the satisfactory negotiation of terms including a price acceptable to the Town and the successful bidder and the annual availability of funding. 45 Statement of Qualifications Requirements
Introductory Letter
Capability and Experience of Consultant
Past Performance
Letter of Interest
Project Understanding and Approach
Project Manager / Key Staff
Fee Schedule
Conflict of Interest Statement and Disclosure Plan for Private Development Projects
Evaluation Criteria
A review committee selected by Town staff shall use a point formula to evaluate each Statement of Qualifications. Each member of the review committee will first score each Statement of Qualifications by the criteria described below. The review committee will then meet to compare and discuss the evaluations and combine the individual scores to determine a composite score for each Statement of Qualifications.
The review committee will evaluate and rate the Statement of Qualifications based on the evaluation criteria below:
Evaluation Criteria Maximum
Score
Compliance with the Request for Statement of
Qualifications 5 points
Capability and Experience of Consultant 45 points
Past Performance 20 points
Reference Checks 20 points
Conflict of Interest/Plan Review Process for Town and
Private Work 10 points
Total: 100 points
Proposed Contract Agreement
Included as an attachment to this Staff Report
Analysis:
By January 21, 2022, at 5:00 PM, Town staff had received eight responses to the RFQ. The consultants are listed below:
- DDGEO of Grass Valley, California
- LACO of Chico, California
- NorthStar of Chico, California
- Wood Rodgers of Sacramento, California
- Cinquini Passarino of Napa, California
- GHD of Redding, California
46 - Rolls Anderson Rolls of Chico, California
- REY of Folsom, California
The Committee received and ranked the submitted qualifications according to the criteria provided in the RFQ.
The resulting RFQ scores for each consultant are listed below. After scoring the submitted qualifications, the committee’s results were consistent in recommending DDGEO, Northstar and Rolls Anderson Rolls for interview.
Consultant name Combined
Score
DDGEO 95/100
LACO 79/100
NorthStar 98.7/100
Wood Rodgers 94.7/100
Cinquini Passarino 92.7/100
GHD 85.7/100
Rolls Anderson Rolls 97.7/100
REY 86.7/100
Upon interviewing the three firms, the evaluation committee’s scores identified the final ranking shown below
Consultant Name Final
Ranking
NorthStar 1
Rolls Anderson Rolls 2
DDGEO 3
Staff is recommending awarding two contracts to NorthStar and Rolls Anderson Rolls. By selecting both firms, the Town will be able to provide responsive technical development reviews consistent with other local agencies, as well as on-call staff to provide additional field services and support for Public Works and Engineering.
Staff recommends Council consider executing a contract, included as Attachment A, with both Northstar and Rolls Anderson Rolls, both of Chico, California on a not to exceed total combined contract amount of $200,000, for two years with optional one-year extensions up to five years total.
Financial Impact:
The professional services agreement and respective costs will be funded through development fees pursuant to the Town’s Master Fee Schedule.
Attachments:
1. Attachment A – Professional Services Contract Agreement 47 APPENDIX A – PROPOSED CONTRACT AGREEMENT
SAMPLE ONLY
PROFESSIONAL SERVICE CONTRACT GREATER THAN $25,000
This Contract, dated as of the last date executed by the Town of Paradise is between the Town of Paradise, a municipal corporation of the State of California, hereinafter referred to as “TOWN”, and the professional service contractor indicated in the variable information table below, hereinafter referred to as “CONTRACTOR.”
VARIABLE INFORMATION TABLE
Term of This Contract
Term Begins XX/XX/2022 Term Completion Date XX/XX/202X
On Following Date On Following
Date
Town Department Public Works &
Engineering
Basis of Price (Do Not √ More Than One of the Following Four Blocks) Price $ Fixed Price Annual Price Monthly Price Hourly Rate Not-to-Exceed Price $XXX √ if Reasonable Expenses are authorized in addition to Hourly Rate
CONTRACTOR Contact Information TOWN Contact Information CONTRACTOR XXXX Project
Manager
Town Staff
Address Address 5555 Skyway
City, State &
ZIP
City, State &
ZIP
Paradise, CA 95969
Telephone Telephone 530-872-6291
Email Email [email protected]
WHEREAS, TOWN, through the TOWN Department identified above, desires to have work described in the Attachment III - Scope of Work performed; and 48 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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WHEREAS CONTRACTOR possesses the necessary qualifications to perform the work described herein;
NOW THEREFORE BE IT AGREED between the parties to this Contract that this Contract is subject to the provisions contained in the following attachments, which are made a part of this Contract. Should there be any conflicts between this Contract and the attachments that are incorporated herein precedence shall first be given to the provisions of this Contract followed by the attachments, in descending order, as indicated below:
Attachment I – Terms and Conditions (including Exhibit “A”) Attachment II – Insurance Requirements for Professional Services Contract Attachment III – Professional Credentials
Attachment IV – Scope of Work
Attachment V – Cost Evaluation
By signature below, the department head or his or her deputy certifies that no unauthorized alterations have been made to the Attachment I – “Terms and Conditions” and/or the Attachment II – “Standard Insurance Requirements.”
Typed or Printed Name Signature Date
This Contract and the above listed Attachments represent the entire undertaking between the parties.
TOWN CONTRACTOR:
By
Date Date
REVIEWED FOR CONTRACT POLICY COMPLIANCE
REVIEWED AS TO FORM:
By By:
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ATTACHMENT I
TERMS AND CONDITIONS
1. Scope of Work. The work to be undertaken is identified in the attached “Attachment III-Scope of Work” which is made a part of this Contract.
2. Reimbursement. The work shall be performed for the Fixed price, Annual price, Monthly price or Hourly rate as indicated above in the variable information table, but shall not exceed the Not-to-Exceed Price if included in the variable information table.
Reasonable expenses if authorized and specified in addition to the Hourly Rate if both the Hourly Rate block and the block authorizing Reasonable Expenses are checked in the variable information table. Payment shall be made after the Project Manager or designee reviews and approves the work and after submittal of an invoice by the CONTRACTOR. Expenses and or materials if stipulated shall be paid only upon prior approval and with receipts and only after review and authorization by the Project Manager.
3. Town Project Manager. The TOWN Project Manager or designee for this undertaking who will receive payment invoices and answer questions related to the coordination of this undertaking is identified above in the variable information table.
4. Independent Contractor. CONTRACTOR is an independent contractor, working under his/her own supervision and direction and is not a representative or employee of TOWN nor is the CONTRACTOR a partner or in any way directly affiliated with the TOWN. CONTRACTOR agrees to file tax returns, report compensation and pay all applicable taxes on amounts paid pursuant to this Contract.
5. Ownership. The TOWN retains the exclusive right of ownership to the work, products, inventions and confidential information produced for the TOWN by the CONTRACTOR, and the CONTRACTOR shall not disclose any information, whether developed by the CONTRACTOR or given to the CONTRACTOR by the TOWN. The parties agree that the TOWN will own the work, products, inventions or information produced by the CONTRACTOR pursuant to this Contract.
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6. Confidentiality. The CONTRACTOR shall comply as follows and in accordance with the required performance of this contract:
a. All applications, records, data or any information concerning any individual made or kept by any public office, officer or department obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties, shall be the confidential property of the TOWN and shall not be communicated, transmitted, reproduced or in any other way conveyed to any person not directly a party to this contract, its terms and conditions in accordance with all applicable laws and regulations including but not limited to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and any implications thereof including destruction of records or data as appropriate under compliance criteria.
b. No person will publish or disclose or permit or cause to be published or disclosed any data, facts, figures, list of persons or any other form of information obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties. No person shall publish, disclose, or use or permit, or cause to be published, disclosed or used any confidential information pertaining to any individual or group of individuals obtained by the CONTRACTOR in the performance of duties or as a consequence of performing said duties.
c. CONTRACTOR agrees to inform all employees, agents, associates and partners on the above provisions and that any person knowingly and intentionally violating the provisions of this clause is guilty of a misdemeanor.
CONTRACTOR shall bear equal responsibility for any violation of the provisions of this paragraph.
d. CONTRACTOR agrees and understands that if confidential information concerning any individual made or kept by any public office, officer or department is obtained by the CONTRACTOR and included on any memory device that may be housed in a computer, or other device (such as a “PDA”) may become subject to Federal HIPAA requirements and/or any state or local regulations that apply which could result in surrender of the hard drive, sanitization or the destruction thereof in accordance with Department of 51 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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Defense (DoD) 5220.22-M standard and/or industry standards current to time of the release of the equipment which ever represents the greatest level of (permanent) information destruction. At the very least, at the end of this contract, CONTRACTOR may be required to stipulate to the fact that no such files exist.
7. Termination. This Contract may be terminated by either the TOWN or CONTRACTOR by a thirty (30)- day written notice. Authorized costs incurred by the CONTRACTOR will be reimbursed up to the date of termination. Notwithstanding anything stated to the contrary herein, this Contract shall expire on the Completion Date indicated in the above Variable Information Table unless the Completion Date is modified by written amendment to this Contract.
8. Indemnification. CONTRACTOR agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the TOWN, its officers, agents and employees from and against any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or entity, including CONTRACTOR, to the extent arising out of or in connection with the negligent acts or omissions or willful misconduct in the performance by CONTRACTOR hereunder, whether or not there is concurrent negligence on the part of the TOWN, but excluding liability due to the active negligence or willful misconduct of the TOWN.
This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for CONTRACTOR or its agents under worker’s compensation acts, disability benefit acts, or other employee benefits acts. CONTRACTOR shall be liable to TOWN for any loss of or damage to TOWN property arising out of or in connection with CONTRACTOR’s negligence or willful misconduct.
9. Right to Monitor/Audit and Associated Liability. It being understood by the parties hereto that the TOWN’s funding source herein may be TOWN, State and/or Federal appropriation, and therefore CONTRACTOR is responsible for administering the program as described herein, CONTRACTOR agrees to accept responsibility for receiving, replying to and/or complying with an any audit of this project which may be deemed appropriate or required in compliance with TOWN, State or Federal mandates and to reimburse the TOWN for any liability upon the TOWN for any discrepancy resultant from said audit exceptions or for any liability that result from a breach of contract, misrepresentation or inaccuracy.
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10. Record Retention and Availability. CONTRACTOR shall maintain and preserve all records related to this agreement in its possession (or will assure the maintenance of such records in the possession of any third party performing work related to this agreement) for a minimum period of three (3) years from the effective date of this agreement, or until all State and/or Federal audits are complete, whichever is later.
Upon request, CONTRACTOR shall make available copies of these records to TOWN, State or Federal Governments’ personnel, including but not limited to the State Auditor General. In the event that this contract is related to a FEMA grant record retention shall be three years from the date of the Grant Close-out letter.
11. Insurance Requirements. CONTRACTOR shall procure and maintain for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from, or be in connection with the performance of the Work hereunder by CONTRACTOR, CONTRACTOR’s agents, representatives, employees and subcontractors. At the very least, CONTRACTOR shall maintain the insurance coverage, limits of coverage, and other insurance requirements as described in Attachment II to this Contract.
12. Changes to the Contract. Changes to this Contract may only be approved by written amendment to this Contract. No alteration or variation of any term or condition of this agreement shall be valid unless made in writing, signed by the parties hereto in accordance with TOWN Policies and Procedures. No oral understanding or agreement not incorporated as a duly authorized written amendment shall be binding on any of the parties hereto.
13. Representations and Warranties. CONTRACTOR by execution represents the skill, knowledge, proficiency and expertise to perform as herein stipulated and warrants that the credentials presented herein Attachment VI are authentic, current and duly granted.
14. Contractor’s Standard of Care. TOWN has relied upon the professional ability, experience, and credentials presented and represented by the CONTRACTOR as a material inducement to enter into this Contract. CONTRACTOR hereby warrants that all of CONTRACTOR’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of 53 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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applicable Federal, State and local laws, it being understood that acceptance of CONTRACTOR’s work by TOWN shall not operate as a waiver or release. Where applicable, the CONTRACTOR shall maintain the appropriate certification(s), license(s) or accreditation(s) through the life of this contract, as submitted and stipulated herein Attachment VI and make them available for audit upon request by the TOWN.
15. Termination for Exceeding Maximum Level of Expenditures. Contracts exceeding the monetary limits delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Town Manager. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the provision of services or personal property or incurring of expenses, the cumulative total of which, exceeds the amount prescribed by Government Code Section 25502.5 for personal services contracts or the amount prescribed by Public Contract Code Section 22032 (b) for public works contracts.
16. Termination for Exceeding Maximum Term. Contracts exceeding the five-year term delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Contract was executed for the TOWN of Paradise by the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date that the term exceeds five years.
Amendments to this Contract, or new Contracts for essentially the same purpose, shall not be valid beyond the five-year limitation unless duly executed by the Chair of the Board of Supervisors.
17. Compliance with Laws. CONTRACTOR shall comply with all Federal, State and local laws, rules and regulations including, without limitation, and not limited to any nondiscrimination laws. Specifically, the CONTRACTOR by executing this agreement stipulates and certifies that as an individual or as an entity, complies in good faith as well as all actions the following regulatory requirements at least but not limited to:
a. Non-discrimination with regard to minority, women, and disabled veteranowned business enterprises; hiring practices on the basis of race, color or national origin, gender, handicaps or age.
b. Environmental protection legislation and in particular regarding clean air and water, endangered species, handling or toxic substances and the public right to know.
c. Drug Free workplace, Comprehensive Alcohol Abuse and Alcoholism 54 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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Prevention, Treatment and Rehabilitation Act and Public Health Service Act d. National Labor Relations Board Public Contract Code 10296. e. Domestic Partners – Public Contract Code 10295.3.
f. ADA 1990 42 USC 12101 et seq.
18. Applicable Law and Forum. This Contract shall be construed and interpreted according to California law and any action to enforce the terms of this Contract for the breach thereof shall be brought and tried in the Superior Court of the County of Butte.
19. Contractor Performance and the Breach Thereof. The TOWN may terminate this agreement and is relieved of the payment of any consideration to CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. CONTRACTOR shall be notified in a timely manner of default and provided 30 days in which to remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default, the TOWN shall notify the CONTRACTOR of the breach and thereby the termination of this contract. In the event of such termination, the TOWN may proceed with the work in any manner deemed proper by the TOWN. The cost to the TOWN shall be deducted from any sum due the CONTRACTOR under this agreement and the balance, if any, shall be retained by the TOWN.
20. Contradictions in Terms and Conditions. In the event of any contradictions in the terms and/or conditions of this Contract, these Attachment I TERMS AND CONDITIONS shall prevail.
21. No Delegation Or Assignment. Provider shall not delegate, transfer or assign its duties or rights under this Agreement, either in whole or in part, directly or indirectly, by acquisition, asset sale, merger, change of control, operation of law or otherwise, without the prior written consent of TOWN and any prohibited delegation or assignment shall render the contract in breach. Upon consent to any delegation, transfer or assignment, the parties will enter into an amendment to reflect the transfer and successor to CONTRACTOR. TOWN will not be obligated to make payment under the Agreement until such time that the amendment is entered into. 55 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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22. Conflict of Interest. CONTRACTOR and CONTRACTOR’S employees shall have no interest, direct or indirect, which will conflict in any manner or degree with the performance of services required under this contract.
a. This contract is entered into by TOWN upon the express representation that CONTRACTOR has no other contracts in effect with TOWN except as described on Exhibit “A” hereto attached. Exhibit “A” is hereby made part of this contract by it reference herewith and hereby subjugated to these General Terms and Conditions (Attachment I).
b. CONTRACTOR understands and will adhere to the TOWN’s policy that no contracts shall knowingly be issued to any current TOWN employee or his/her immediate family or to any former TOWN employee or his/her immediate family until two years after separation from employment, without notifying the Director of the Department of Human Resources in writing:
Director of Human Resources
5555 Skyway
Paradise, CA 95969
c. CONTRACTOR stipulates by execution of this contract that they have no business or other interest that provides any conflict with the interest of the Town of Paradise in the matters of this agreement. CONTRACTOR recognizes that it is a breach of ethics to not disclose any interest that may be a conflict to the TOWN for the advice of Town Attorney on the matter prior to executing this contract.
23. Canon of Ethics. CONTRACTOR by execution of this contract agrees to act in the best interest of and on behalf of the Town of Paradise and its constituents in all matters, honest, fair, prudent and diligent as dictated by reasonable standards of conduct for their profession.
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24. Severability. The terms and conditions of this contract shall remain in force and effect as a whole separate from and even if any part hereof the agreement is deemed to be invalidated.
25. No Implied Waiver. In the event that The TOWN at any point ignores or allows the CONTRACTOR to break an obligation under the agreement, it does not mean that TOWN waives its future rights to require the CONTRACTOR to fulfill those obligations.
26. Entirety of Agreement. This contract inclusive of all Attachments herein in stipulated and made part of the contract constitutes the entire agreement between these parties. 57 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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EXHIBIT A
Acknowledgement of OTHER TOWN Contracts
List any and all contracts that you have with TOWN agencies. If none, you must stipulate “none.” This cannot be left blank or omitted from the contract. 58 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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ATTACHMENT II
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
*Please provide a copy of Attachment II to your insurance agent.
Contractor shall procure and maintain for the duration of this contract, insurance against claims for injuries to persons or damages to property that may arise from or be in connection with the performance of the work hereunder by Contractor, Contractor’s agents, representatives, employees and subcontractors. Before the commencement of work Contractor shall submit Certificates of Insurance and Endorsements evidencing that Contractor has obtained the following forms of coverage:
A. MINIMUM SCOPE AND LIMITS OF INSURANCE - Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: ISO’s Commercial Automobile Liability coverage form CA 00 01.
1. Commercial Automobile Liability: Covering any auto (Code 1) for corporate/business owned vehicles, or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage.
2. Personal Lines automobile insurance shall apply if vehicles are individually 59 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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owned, with limits no less than $100,000 per person, $300,000 each accident, $50,000 property damage.
3) Workers’ Compensation Insurance: As required by the State of California with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury and disease. (Not required if Contractor provides written verification he or she has no employees.) 4) Professional Liability (Errors and Omissions): Insurance appropriate to Contractor’s profession, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Town requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Town.
B. OTHER INSURANCE PROVISIONS - The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The Town of Paradise, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL and Commercial Auto policies with respect to liability arising out of work or operations performed by or at the direction of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions used).
2) For any claims related to this contract, Contractors insurance coverage shall be primary insurance coverage at least as broad as ISO Form CG 20 01 04 13 as respects the Town, its officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by the Town, its officers, officials, employees and volunteers shall be excess of Contractors insurance and shall not contribute with it. 60 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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3) Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Town.
C. WAIVER OF SUBROGATION: Contractor hereby grants to Town a waiver of any right to subrogation which any insurer of said Contractor
may acquire against the Town by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Town has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Town for all work performed by the Contractor, its employees, agents and subcontractors.
D. SELF-INSURED RETENTIONS: Self-insured retentions must be declared to and approved by the Town. The Town may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Town.
E. ACCEPTABILITY OF INSURERS: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Town.
F. VERIFICATION OF COVERAGE: Contractor shall furnish Town with original certificates of insurance including all required amendatory endorsements (or copies of the applicable policy language affecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required 61 TOWN OF PARADISE PUBLIC WORKS & ENGINEERING
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documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Town reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
G. SPECIAL RISKS OR CIRCUMSTANCES: Town reserves the right to modify these requirements including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
H. SUBCONTRACTORS: Contractor shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies. If subcontractors are insured under their own policies, they shall be subject to all the requirements stated herein, including providing the Town certificates of insurance and endorsements before beginning work under this contract.
I. CLAIMS MADE POLICIES: If any of the required policies provide coverage on a claims-made basis:
1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2) Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
4) A copy of the claims reporting requirements must be submitted to the Town for review.
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ATTACHMENT III
Scope of Work
Unless indicated otherwise herein, the CONTRACTOR shall furnish all labor, materials, transportation, supervision and management and pay all taxes required to complete the project described below:
Duties and obligations of the CONTRACTOR:
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ATTACHMENT V
Fee Schedule
64 Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 2(e)
ORIGINATED BY: Jessica Erdahl, Senior Capital Projects Manager REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Emergency Relief Program Supplement Grant
Agreements
LONG TERM
RECOVERY PLAN:
Yes, Tier 1
COUNCIL ACTION REQUESTED:
1. Approve the following Program Supplement Agreements for Emergency Relief projects to Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03-5425F15:
PSA No. F028 for Project ER-38Y0(014) Emergency Opening Guardrail Repair PSA No. F029 for Project ER-38Y0(015) Emergency Opening Culvert Repair
2. Adopt Resolution No. 2022-__, A Resolution of the Town Council of the Town of Paradise authorizing the Town Manager, or designee, to sign the above listed Program Supplement Agreement to Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03-5425F15.
Background:
As a result of the 2018 Camp Fire, the Town of Paradise has been coordinating with Caltrans and Federal Highways Administration (FHWA) for eligible transportation infrastructure recovery projects though the Emergency Relief Program. This FHWA program provides disaster assistance to local agencies for repair and reconstruction of damaged transportation facilities located on federal-aid highways or bridges (i.e. all functionally classified roads except those classified as local roads or rural minor collectors).
Through the Emergency Relief Program, the Town of Paradise was approved for Advance Construction of $335,380 in Emergency Opening (EO) repairs to metal beam guardrails (MBGR) and culverts. EO work is defined as work that 1) is necessary to restore essential traffic, or 2) protects the remaining facility, or 3) prevents further damage to an existing facility. EO work completed during the first one hundred eighty (180) calendar days following start of the incident period is reimbursed at a 100 percent ratio.
The Town contracted with Apex Fence Co, Inc. to perform emergency opening repairs to MBGR.
These repairs were completed at four locations in December 2018.
The also contracted with Visinoni Brothers Construction and Omni Pipelines, Inc. to perform emergency opening culvert repairs at 6 locations. These repairs were completed between December 2018 and March 2019.
65 Analysis:
To remain eligible for the allocated Emergency Relief funding, the Town of Paradise is required to execute Program Supplement Agreements for each approved project which partner with the master Administering Agency-State Agreement for Federal-Aid Projects (Agreement No. 03- 5425R). These supplement agreements, included as Attachments, serve as contracts between the Town of Paradise and California Department of Transportation, binding each to certain responsibilities to process these Federally funded projects. The attached agreements must be approved by the Town to continue receipt of Federal funds. In addition, the Town is required to adopt a resolution identifying the project and designate an official authorized to execute the Program Supplement Agreements.
Financial Impact:
Emergency Relief Emergency Opening costs are 100% FHWA funded. Project expenditures and a funding summary is detailed below:
Emergency Relief
Program
Construction Contract - Actuals Emergency Opening Guardrail Repair ER-38Y0(014) $67,900.00 Available Funding $67,900.00
Balance $0.00
Emergency Relief
Program
Construction Contract - Actuals Emergency Opening Culvert Repair ER-38Y0(015) $267,480.00 Available Funding $267,480.00
Balance $0.00
Advance Construction funds were obligated for both projects on February 28th, 2022. Upon full execution of the PSAs, the town can seek reimbursement for costs incurred.
Environmental Review:
The projects are exempt under State CEQA Guidelines [Section 15269(a)], which states:
The following emergency projects are exempt from the requirements of CEQA. (a) Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter an historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of Public Resources Code.
The project location is a disaster-stricken area, proclaimed as a major disaster by the President on November 12, 2018 (FEMA-4407-DR) and as a State of Emergency by the State of California on November 8, 2018. The purpose of the project is to repair existing infrastructure damaged by the Camp Fire. No further environmental review is necessary for this project.
Attachments:
Attachment A: PSA No. F028 for Project ER-38Y0(014) Emergency Opening Guardrail Repair Attachment B: PSA No. F029 for Project ER-38Y0(015) Emergency Opening Culvert Repair 66 TOWN OF PARADISE
RESOLUTION NO. 2022-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
PARADISE AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PARADISE OR THEIR DESIGNEE TO SIGN PROGRAM SUPPLEMENT
AGREEMENTS F028, AND F029 TO THE ADMINISTERING AGENCYSTATE AGREEMENT FOR FEDERAL AID PROJECTS CORRESPONDING TO EMERGENCY RELEIF PROJECTS.
WHEREAS, the Town of Paradise has received federal funds for various emergency relief projects and has entered into an Agency-State Agreement for FederalAid Projects with the California Department of Transportation; and, WHEREAS, the State of California through its Department of Transportation (Caltrans) administers the Federal Emergency Relief program and selects projects for funding; and,
WHEREAS, the Town of Paradise was awarded two Emergency Relief Emergency Opening projects and has $335,380 in Federal funds allocated to the projects; and,
WHEREAS, Caltrans provides Program Supplement Agreements in accordance with Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03- 5425F15 (Master Agreement), which upon full execution enables the Town of Paradise to request and receive Federal funds; and,
WHEREAS, Caltrans requires the Town of Paradise to execute the Program Supplement Agreements No. F028, and F029 for the Emergency Relief Emergency Opening projects in order to be eligible to receive Federal-Aid for eligible project costs; and,
WHEREAS, these funds will require that they are managed in accordance with the Caltrans Local Assistance Procedures Manual; and,
WHEREAS, the Town Council of the Town of Paradise has approved and agreed to this Program Supplement Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
Section 1. That the Town Manager of the Town of Paradise, or their designee, is hereby authorized to sign said Agreement on behalf of the Town.
Section 2. The Emergency Opening Projects are exempt from the provisions of the California Environmental Quality Act pursuant to State CEQA Guidelines [Section 15269(a)] Emergency Projects.
Section 3. The Town Clerk shall certify to the passage and adoption of this resolution.
67 TOWN OF PARADISE
RESOLUTION NO. 2022-
2 PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 12th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Steve Crowder, Mayor
ATTEST:
___________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
___________
Scott E. Huber, Town Attorney
68 03/03/2022
69 70
71 72
73 74
75 76
03/10/2022
77 78
79 80
81 82
83 84
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 2(f)
ORIGINATED BY: Ross Gilb, Finance Director / Town Treasurer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Financial Audit Service Contract
COUNCIL ACTION REQUESTED:
1. Authorize the Town Manager to enter into a three-year agreement for financial audit services with Richardson & Company, LLP., or
2. Refer the matter to Town staff for further development and consideration.
Background:
Mann, Urrutia, Nelson CPA’s & Associates LLP (MUN CPAs) has completed the financial statement audits for the Town of Paradise since Fiscal Year (FY) 2013-14. The Town’s current contract with MUN CPAs was effective through the audit of FY 2020-21, which is currently in the process of finalization. The Town has had a great working relationship with MUN CPAs over the prior audit periods, and MUN CPAs has provided excellent flexibility and support in response to the Town’s unique and challenging financial situation in the fiscal years following the 2018 Camp Fire.
Analysis:
As the current contract with MUN CPAs is effective only through the end of FY 2020-21, the Town was required to seek additional proposals for professional auditing services. As such, the Town issued a Request for Proposal (RFP) for professional auditing services on February 16, 2022.
The RFP was advertised in the local paper as well the Resources web page of the state-wide professional association of California Society of Municipal Finance Officers.
The Town requested proposals to be submitted by 4:00pm on March 21, 2022 in order to be considered. Proposals were received from four firms by the requested deadline. All proposals received met the mandatory criteria contained within the RFP.
An evaluation of all proposals was performed based on factors outlined within the RFP and points were assigned accordingly. Emphasis was equally placed on the firm’s overall qualification as well as cost. Careful consideration was given to each of the firm’s qualifications based on the firm’s past experience and performance with comparable government engagements, the quality of the firm’s professional personnel to be assigned to the engagement, adequacy of proposed staffing plan, thoroughness of audit approach, understanding of the scope and objectives of the audit, demonstrated commitment to timeliness in the conduct of the audit, and maximum fees to conduct the audit, as specified in the RFP.
85 The current not-to-exceed cost of annual auditing services included in the previous contract with MUN CPAs is $34,200. Cost proposals from each firm are summarized as follows:
All four firms’ proposals received were very impressive. After full evaluation of all proposals received based on the factors identified above, Richardson & Company LLP received the highest overall evaluations points.
Financial Impact:
The annual not-to-exceed cost of auditing services for FY 21-22, FY 22-23, FY 23-24 included in the proposal from Richardson & Company, LLP was $34,900, $35,955, and $37,070 respectively.
These costs will be included in the General Fund Central Services budgets for FY 22-23, FY 23- 24, and FY 24-25.
Attachments:
Town of Paradise Request for Proposals for Professional Auditing Services Richardson & Company LLP Proposal for Professional Auditing Services FY 21-22 FY 22-23 FY 23-24 3 Year Total 3 Year
Average
Badawi & Associates 30,745 31,665 32,615 95,025 31,675
Mann, Urrutia, Nelson CPAs & Associates LLP 55,500 57,700 59,400 172,600 57,533 Moss, Levy & Hartzheim 32,985 33,155 33,325 99,465 33,155 Richardson & Company, LLP 34,900 35,955 37,070 107,925 35,975 Fiscal Year Ending June 30, 2022, 2023, 2024
Town of Paradise
Request for Proposals for Professional Auditing Services Proposal Cost Summary
86 TOWN OF PARADISE
REQUEST FOR PROPOSALS
For
PROFESSIONAL AUDITING SERVICES
Ross Gilb
Finance Director/Town Treasurer
Town of Paradise
5555 Skyway
Paradise, CA 95969
87 TOWN OF PARADISE
REQUEST FOR PROPOSALS
PROFESSIONAL AUDITING SERVICES
I. INTRODUCTION
The Town of Paradise (Town) is requesting proposals from qualified certified public accountant firms to audit its financial statements for the three (3) fiscal years ending June 30, 2022, 2023, and 2024 in addition to performing other reviews as specified below. At the option of the Town, the auditing engagement may be extended for two (2) subsequent fiscal years by written amendment. These audits are to be performed in accordance with auditing standards generally accepted in the United States of America, the standards set forth for financial audits contained in Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States, the U.S. Office of Management and Budget Uniform Grant Guidance/Super Circular Audits of State and Local Governments and Non-Profit Organizations, and other applicable laws regulations and rules.
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, three (3) copies of the proposal must be received by the Town Clerk at 5555 Skyway, Paradise, CA 95969 by 4:00 P.M. on March 21, 2022. The outside of the envelope should be marked: “AUDITING 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 1, 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 the right 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. 88 Town of Paradise
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II. NATURE OF SERVICES REQUIRED
A. Scope of the Work to be Performed
The Town of Paradise desires annual financial statements to be prepared and audited by the independent auditor for the fiscal year ending June 30, 2022, and each of the subsequent years included in the audit firm’s contract with the Town. The selected independent auditor will be required to perform the following tasks. Any exceptions to these requirements should be clearly indicated in the proposal.
1. The audit firm will perform an audit of all funds of the Town of Paradise. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller of the United States. The Town’s Financial Reports will be prepared and word processed by the audit firm. The audit firm will render their audit report on the basic financial statements, which will include both Government-Wide Financial Statements, and Fund Financial Statements. The audit firm will also apply limited audit procedures to Management’s Discussion and Analysis (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the Town.
Management’s discussion and analysis, and certain note schedules will be prepared by the Town and submitted electronically to the auditors for inclusion in the Town’s financial statements.
2. The audit firm will perform a single audit on the expenditures of federal grants in accordance with U.S. Office of Management and Budget Grant Guidance/Super Circular. It will render the appropriate audit reports on the Internal Control over Financial Reporting based upon the audit of the Town’s financial statements in accordance with Government Auditing Standards, and the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards.
The single audit report will include appropriate schedule of expenditures of federal awards, footnotes, findings, and questioned costs, including reportable conditions and materials and weaknesses, and follow upon prior audit finding where required.
3. The audit firm shall perform agreed-upon auditing procedures pertaining to the Town’s GANN Limit (Appropriations Limit) and render a letter annually to the Town regarding compliance.
4. The audit firm shall issue a separate “management letter” that includes recommendations for improvements in internal control, accounting procedures and other significant observations that are considered to be non-reportable conditions.
Management letters shall be addressed to the Town Council and the Town Manager.
5. The audit firm shall prepare annual State Controller’s Reports for the Town of Paradise except for the Annual Street Report. The Annual Street Report will be prepared by the Town of Paradise.
6. The audit firm may be consulted throughout the year as an information resource and may be asked to provide guidance on implementing Federal and State regulations 89 Town of Paradise
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or GASB pronouncements as they may affect local government accounting. This would not include any task that entails significant research or a formal report.
B. Auditing Standards to be Followed
To meet the requirements of this Request for Proposals, the audit shall be performed in accordance with:
1. Generally accepted auditing standards as set forth by the American Institute of Certified Public Accounts;
2. The standards applicable to financial audits contained in the most recent version of Government Auditing Standards, issued by the Comptroller General of the United States;
3. The provisions of the Single Audit Act as amended; and
4. The provisions of U. S. Office of Management and Budget (OMB), Audits of State and Local Governments and Non-Profit Organizations.
5. Guidance for federal awards and agreements as provided in the Code of Federal Regulation (CFR) 2 Part 200, Uniform Administrative Requirement, Cost Principles and Audit Requirements for Federal Awards.
6. Any other applicable standards for conducting examination of those items outlined in the Scope of Services and/or reports to be issued.
C. Working Paper Retention
All working papers and reports must be retained at the auditor's expense for a minimum of seven (7) years, unless the firm is notified in writing by the Town of Paradise of the need to extend the retention period. The auditor will be required to make working papers available to the Town of Paradise or any government agencies included in the audit of federal grants. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.
D. Coordination Requirements
1. All audit work will be coordinated with the Finance Director, who will facilitate staff scheduling and year-end closing.
2. The auditor shall provide periodic progress reports while performing the audit fieldwork. These reports shall identify problems encountered or foreseen, deficiencies in work performed by Town staff, disagreements over the application of accounting principles, and other items that could result in delay of the audits or other reviews.
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3. The Town expects that the professional staff provided by the independent audit firm will be fully qualified with the appropriate experience, and that answers and guidance will be provided by audit executives to senior and junior staff.
E. Irregularities and Illegal Acts
Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: Town Manager and Town Attorney.
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 5,000 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.
B. Fund Structure
The Town of Paradise uses the following fund types and account groups in its financial reporting:
Fund Type/Account Group Town
General Fund 1
Special Revenue Fund 47
Capital Project/Grant Fund 14
Fiduciary Fund 5
Successor Agency 2
General Fixed Assets Account Group 1
General Long-Term Debt Account Group 1
C. Computer Systems
The Town’s computerized systems are run on a Network. The accounting functions are computerized using New World Systems accounting software. The applications operating on this system are general ledger, accounts payable, accounts receivable, payroll and budget.
D. Work Area, Telephone, and Office Equipment
The Town will provide the auditor with reasonable workspace, desks and chairs. The auditor will also be provided with access to a telephone, a computer with access to the general ledger system, and photocopying and FAX machines.
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E. Availability of Prior Reports and Work Papers
Mann, Urrutia, Nelson, CPAs and Associates of Sacramento, CA conducted the Town’s most recent audit. The work papers of the previous audits are the property of the previous auditor and can be reviewed by the successful Proposer. The Town’s annual financial statements with independent auditor’s report and budgets are available on the Town’s website at www.townofparadise.com.
F. Manner of Payment
Progress payment will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm’s proposal.
Interim billings shall cover a period of not less than a calendar month.
IV. TIME REQUIREMENTS
A. Proposal Calendar
The following is a list of key dates up to, and including, the date proposals are to be submitted:
Date Activity
February 16, 2022 Request for Proposal issued
March 21, 2022 Due date for proposals (due by 4:00 p.m.) March 28 - 31, 2022 Oral Interviews (conducted at Town’s discretion) April 12, 2022 Contract awarded by Town Council
B. Audit Schedule
The planning phase of the audit engagement may commence upon award by Town Council and execution of the contract. The auditor will provide the Town with an audit plan and list of required documents at least two weeks prior to the beginning of fieldwork. The Town plans to have the books closed and all agreed upon schedules available for the auditors by November 1st each year.
C. Date Reports Are Due
The auditor shall provide all drafts and recommendations for improvements to the Town Manager and the Finance Director within a reasonable time period after the last day of fieldwork.
The auditor should be available for any meetings that may be necessary to discuss the draft audit reports. Once all issues of discussion are resolved, the completed financial statements, Single Audit report and other reports shall be delivered to the Finance Director. It is anticipated that this process will be completed and the final products to be delivered by December 31st each year.
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V. PROPOSAL REQUIREMENTS
A. General Requirements
1. Inquiries concerning the Request for Proposals and the subject of the Request for Proposals must be made to:
Ross Gilb
Finance Director/Town Treasurer
5555 Skyway
Paradise, CA 95969
(530) 872-6291 x 119
[email protected]
CONTACT WITH PERSONNEL OF THE TOWN OTHER THAN THE ABOVE REGARDING
THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.
2. Three (3) copies of the Proposal shall be received by the office of the Town Clerk of the Town of Paradise by 4:00 p.m. on March 21, 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:
“Auditing Services Proposal”
Town of Paradise
Attn: Town Clerk
5555 Skyway
Paradise, CA 95969
B. Proposal Content
1. Title Page
Show the request for proposal subject; the firm’s name; the name, address, telephone number, and email address of the contact person; and the date of the proposal.
2. Table of Contents
Identify the materials submitted by section and page number.
3. Signed Transmittal Letter
Briefly state the Proposer’s understanding of the work to be done; the commitment to perform the work within the time period; a statement why the firm believes itself to be best qualified to perform the engagement; and signed by the person authorized to represent the audit firm.
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4. Contents of Proposal
The purpose of the proposal is to demonstrate the qualifications, competence and capacity of the firm seeking to undertake an independent audit of the Town in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than the form or manner of presentation. The proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements.
The proposal should address all points outlined in the request for proposals. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of this request for proposals. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated.
a) License to Practice in California
An affirmative statement should be included verifying the firm and all assigned key professional staff are properly licensed to practice in California. b) Independence
The firm should provide an affirmative statement that it is independent of the Town of Paradise as defined by auditing standards generally accepted in the United States of America and the General Accounting Office's Government Auditing Standards.
c) Firm Qualifications and Experience
To qualify the firm must have experience in governmental audits of cities in the State of California, as well as experience with preparation of annual financial statements.
(1) State whether your audit organization is national, regional, or local and indicate the location of the office that has responsibility for the audit. (2) Indicate the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be so employed on a part-time basis. Staff consistency is an important consideration.
(3) Describe specialized services that the firm has provided for municipalities, such as transient occupancy tax audits, franchise fee audits, and/or management consulting services.
(4) Provide a list of all current municipal clients.
(5) Submit a copy of the report on its most recent external quality control review (peer review). Include a statement whether that quality control 94 Town of Paradise
RFP for Auditing Services Page 8
review included a review of specific government engagements (required by Government Auditing Standards.
(6) Provide information on the results of any Federal or State desk reviews or field reviews of its audits during the past three (3) years. In addition, provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with State regulatory bodies or professional organizations. (7) Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists who would be assigned to this engagement. Include resumes, indicating whether each such person is registered or licensed to practice as a certified public account in California. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past (3) three years and membership in professional organizations relevant to the performance of this audit.
Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured.
Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted, or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the Town.
However, in either case, the Town retains the right to approve or reject replacements.
Other audit personnel may be changed at the discretion of the Proposer provided that replacements have substantially the same or better qualifications or experience.
(8) Similar Engagements with Other Government Entities
For the firm’s office that will be assigned responsibility for the audit, list the most significant engagements (maximum - 5) performed in the last five (5) years that are similar to the engagement described in this request for proposals. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact.
Information should be provided regarding clients that the firm serves that have received the CSMFO and GFOA awards.
95 Town of Paradise
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The Town reserves the right to contact any or all of the listed references regarding the audit services performed by the proposer. In addition, the Town reserves the right to contact clients who are not listed as references. (9) Specific Audit Approach
The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the required services as stated within this request for proposals. In developing the work plan, reference should be made to such sources of information as Town of Paradise’s budget and related materials, organizational charts, manuals, programs, and financial and other management information systems.
Proposers will be required to provide the following information on their audit approach:
(a) Proposed segmentation for the engagement;
(b) Level of staff and number of hours to be assigned to each proposed segment of the engagement;
(c) Sample size and the extent to which statistical sampling is to be used in this engagement;
(d) Extent of use of electronic data processing software in this engagement;
(e) Type and extent of analytical procedures to be used in this engagement;
(f) Approach to be taken to gain and document an understanding of the Town’s internal control structure;
(g) Approach to be taken in determining laws and regulations that will be subject to audit test work; and
(h) Approach to be taken in drawing audit samples for purposes of tests of compliance.
(10) Fees for Service
The proposal should contain all pricing information relative to performing the audit engagement as described in this request for proposals. The total all-inclusive maximum price to contain all direct and indirect costs including all out-of-pocket expenses.
The Town will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal.
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The cost portion of the proposal should be submitted in the format provided in Attachment A, “AUDIT WORK COST PROPOSAL FORM” and Attachment B, “ESTIMATE OF COST.”
VI. EVALUATION PROCEDURES
Proposals will be evaluated in two phases. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria, which will be considered during the evaluation process.
A. Mandatory Criteria
1. The audit firm is independent and licensed to practice in California. The firm has no conflict of interest with regard to any of the work performed by the firm for the Town.
2. The firm adheres to the instructions in this request for proposals on preparing and submitting the proposal.
3. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work.
B. Selection Criteria
1. The firm’s past experience and performance on comparable government engagements.
2. The quality of the firm’s professional personnel to be assigned to the engagement and the quality of the firm’s management support personnel to be available for technical consultation.
3. Adequacy of proposed staffing plan for various segments of the engagement.
4. Thoroughness of approach to conducting the audit of the Town and demonstration of the understanding of the objectives and scope of the audit.
5. Commitment to timeliness in the conduct of the audit.
6. Maximum fees to conduct the audit.
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Attachment A
AUDIT WORK COST PROPOSAL FORM
Service 2021/2022 2022/2023 2023/2024
Town Audit and Related
Reports
$ $ $
GANN Limit Review Report $ $ $
Single Audit and Related
Reports $ $ $
Annual State Controller
Reports (not including
Annual Street Report) $ $ $
Total for Fiscal Year
(not-to exceed) $ $ $
98 Town of Paradise
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Attachment B
ESTIMATE OF COST
Name of Firm:
___________________________________________________________________ Address:
___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Contact Name:
___________________________________________________________________ Contact Phone #: ____________________________ Fax ___________________ Contact Email:
___________________________________________________________________ Auditor’s Standard Billing Rates
Auditors Standard Hourly Billing Rates
POSITION 2021/2022 2022/2023 2023/2024
Partner $ $ $
Manager $ $ $
Senior Accountant $ $ $
Staff Accountant $ $ $
Clerical $ $ $
99 Proposal for
Professional Auditing Services
For the Fiscal Years Ended
June 30, 2022, 2023 and 2024
(With the Option to Extend for June 30, 2025 and 2026)
CONTACT PERSONS:
Ingrid Sheipline, Managing Partner
[email protected]
Brian Nash, Partner
[email protected]
March 21, 2022
100
101
TABLE OF CONTENTS
Transmittal Letter ......................................................................................................................... 1 Firm Qualifications and Experience:
License to Practice in California .......................................................................................... 5 Independence ........................................................................................................................ 5 Introduction to Our Firm ...................................................................................................... 5 Government Audit Experience ............................................................................................. 5 Quality Control and Peer Review ......................................................................................... 11 Federal/State Reviews .......................................................................................................... 12 Qualifications and Experience of Our Key Personnel ................................................................. 13 Employee Profiles ................................................................................................................ 13 Our Commitment to Staffing Continuity .............................................................................. 14 Governmental Continuing Professional Education .............................................................. 15 Similar Engagements with Other Government Entities ............................................................... 16 Specific Audit Approach:
Scope of Services ................................................................................................................. 18 Audit Approach .................................................................................................................... 19 Work Plan ............................................................................................................................. 21 Professional Fees ......................................................................................................................... 23 Attachment A – Audit Work Cost Proposal Form ....................................................................... 25 Attachment B – Estimate of Cost Form ....................................................................................... 26 Attachment 1 – Peer Review Report ............................................................................................ 27 102
103
550 Howe Avenue, Suite 210
Sacramento, California 95825
Telephone: (916) 564-8727
FAX: (916) 564-8728
Town of Paradise 1
March 21, 2022
Town of Paradise
5555 Skyway
Paradise, California 95969
Thank you for your interest in our firm and the opportunity to present our proposal to serve the Town of Paradise (the Town). We are genuinely enthusiastic about the prospect of serving you because auditing towns/cities with their unique reporting requirements has developed into one of our firm’s major areas of expertise. If given the opportunity, you can be sure that we would serve the Town with great care and pride.
OUR PROFILE AND COMMITMENT TO QUALITY
Richardson & Company, LLP is a regional certified public accounting firm established in 1991 and located in Sacramento. We have a total staff of thirty, including thirteen CPAs. Our governmental audit staff totals twenty-five, all of which are located in Sacramento. We are among the top 25 largest accounting firms operating in the Sacramento area. Our firm is a member of the Government Audit Quality Center of the AICPA. We are a certified Disadvantaged Business Enterprise with the California Department of General Services and a certified Woman-owned Business Enterprise with Caltrans. We provide audit, accounting, tax and business advisory services to numerous entities, including governmental entities, nonprofits, financial institutions, real estate partnerships, a magazine circulation audit, the largest water district in the world located in Los Angeles and other clients primarily located in northern California.
We are a member of the Center for Audit Quality of the American Institute of Certified Public Accountants (AICPA) and participate in the AICPA National Peer Review Program. We are registered with the Public Company Accounting Oversight Board (PCAOB) created by the Sarbanes-Oxley Act to inspect firms that audit SEC registrants. All firms that join the Center for Audit Quality agree to adhere to published quality control standards and submit to peer reviews and PCAOB inspections of their practice every three years. We have passed all ten peer reviews and three PCAOB inspections of our practice.
OUR UNDERSTANDING OF THE SERVICES TO BE PERFORMED
We will audit and express an opinion on the fair presentation of the Town’s financial statements in conformity with generally accepted accounting principles and Government Auditing Standards for the years ending June 30, 2022, 2023 and 2024, with an option to extend for two subsequent years. We will also prepare the financial statements, including printing and binding. In conjunction with our audit, we will also issue a report on internal controls and compliance, a management report and auditor’s communication letter. Our audits will include testing of compliance with Proposition 111, Article XIII.B – “Gann Limit”. If the Town has met the 104
Town of Paradise 2
federal funds threshold, we will test compliance with the Single Audit Act as amended in 1996 and the provisions of the Title 2 U.S. Code of Federal Regulations Part 2000, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) and prepare the Single Audit Reports. The audits will be conducted in accordance with generally accepted auditing standards, the standards set forth for financial audits contained in Government Auditing Standards (1994) issued by the Comptroller General of the United States as revised. We will also prepare the annual report to the State Controller’s Office.
OUR COMMITMENT TO PERFORM TIMELY SERVICES
We have the technical expertise, engagement management skills and staffing resources sufficient to provide you with excellent service and ensure that your reporting deadlines are met. We have consistently planned, scheduled and conducted our audits of the organizations we serve in an efficient and effective manner in order to meet their reporting deadlines.
You have indicated that preparations for the audit will be completed by mid-December, and we are committed to perform the services required at that date. To ensure meeting your reporting deadlines, we will begin our preliminary planning in the May/June timeframe and will perform interim fieldwork in July. We will commence year-end fieldwork in early to mid-December or at such time as the books have been closed and all documents and analyses have been completed.
We will provide you with a detailed audit plan and list of documents and analyses needed for fieldwork no later than one month in advance of our fieldwork date. If fieldwork commences in December, we will have the audit completed by the end of January. If fieldwork commences by November 1, we will have the audit completed by December 31. We will provide the Town with the priority and timely service it deserves.
From time to time our clients may need to contact us to ask questions or discuss accounting issues and other matters. We are available through the year to answer questions and encourage our clients to ask questions as the issues surface. We are timely and responsive to our clients’ questions and requests for information. We have established a reputation with our clients for quality service, timeliness and professionalism. Accordingly, we have included some of these entities as references in this proposal and we encourage you to contact them.
OUR EXTENSIVE EXPERIENCE WITH LOCAL GOVERNMENTS
In any service organization, it is the people who make the difference. All of our staff have extensive experience auditing governmental entities, including numerous cities. Our team members know and understand the challenges and opportunities confronting governmental entities and our team consists of professionals who have proven their ability to provide auditing and other services to cities and special districts. We have provided audit services to most of the cities in the Sacramento area including the Cities of West Sacramento, Chico, American Canyon, Sonoma, Marysville, Ione, Isleton, Rocklin, Elk Grove, Lincoln, Sutter Creek, Colfax, Dixon, Folsom, Biggs, Colusa and the Town of Loomis. We have also audited the Transportation Development Act (TDA) funds of the various cities and counties in Sacramento, Yolo, Yuba, Sutter, El Dorado, Placer, Butte, Amador, Calaveras and San Joaquin counties. We have audited the Town of Paradise’s Transportation and Transit Funds as part of our audit of the Butte County Association of Governments. We have performed numerous audits of special districts with similar reporting requirements as the Town, which are conducted in accordance with generally accepted auditing standards. We have extensive experience with preparation of State Controller’s Reports, Single Audit Act procedures and reports, letters to underwriters (comfort letters) and preparation and review of Annual Comprehensive Financial Reports (ACFRs) for compliance 105
Town of Paradise 3
with the GFOA’s preparer’s checklist in order to receive the Certificate of Achievement for Excellence in Financial Reporting. Having provided all of these services for governmental entities makes us exceptionally well qualified to provide the services you currently request and to provide you with additional services should you request them in the future.
WHY WE ARE BEST QUALIFIED
Richardson & Company, LLP is the best qualified to perform the auditing services required by the Town for the following reasons:
We have extensive history in providing high-quality audits to cities and other governmental agencies, as previously discussed.
Our firm uses more experienced staff to actually perform the work than is typical of larger and other firms. If our firm is selected, we plan to have managers and above spend a significant percentage of our total audit time. While larger and other firms may be able to demonstrate significant amounts of experience in the areas of expertise needed to provide the services you require, the specific individuals they actually assign to your engagement may not have the specific experience you need like the team of accountants we will assign to your engagement. The use of more experienced staff will also ensure you will receive quality services. The manager will work on-site during the duration of the audit fieldwork and will interact with your fiscal personnel during the audit, as well the other staff assigned to the audit. The audit partner will also spend time on site and will take a “hands on” approach to the engagement.
We have a thorough audit approach that focuses on substantive testing of the Town’s accounts. Some firms provide lower cost audits by performing mostly analytical review procedures and the evaluation of internal controls instead of performing substantive testing of account balances. Our thorough approach ensures material misstatements are detected, which should provide a level of comfort to management and the Town Council. * * * * *
This proposal summarizes the key reasons why you will benefit from selecting us as your accountants as well as the background and resources of our firm, the experience and qualifications of the people who will work with you, the scope of services to be provided and our fee estimate. We are a solution to the need for high quality services priced at a reasonable cost and are an excellent alternative to large national and regional firms because of the expertise we gained as a result of our past international Big-Four firm experience and due to our firm’s proven ability to serve our government and other clientele. You will receive quality, thorough and timely service from us. If given the opportunity, we are confident in our ability to meet and exceed your expectations. We believe that selecting us as your auditors would be the best decision you could make.
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If you have questions, please contact Mr. Brian Nash, Partner, or me by telephone (916) 564- 8727, fax (916) 564-8728, correspondence addressed to 550 Howe Avenue, Suite 210, Sacramento, California 95825 or email sent to [email protected] or [email protected]. Both of us are authorized to make representations for and to bind the firm.
Very truly yours,
RICHARDSON & COMPANY, LLP
Ingrid M. Sheipline, CPA
Managing Partner
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FIRM QUALIFICATIONS AND EXPERIENCE
License to Practice in California
Richardson & Company, LLP and all assigned key professional staff are properly licensed to practice in the State of California.
Independence
The firm is independent of the Town as defined by generally accepted auditing standards and U.S. General Accounting Office’s Government Auditing Standards. The firm has no conflict of interest related to the Town. We do have an indirect professional relationship with the Town through our contract with the Butte County Association of Governments whereby we audit the Town’s Transportation Development Act Funds received and expended, but this relationship does not create an independence issue.
Introduction to Our Firm
Richardson & Company, LLP (successor to Richardson & Company) is a regional CPA firm Richardson & Company, LLP is one of the top 25 firms operating in the Sacramento area since 1991. We have a staff of thirty, including thirteen CPAs. We anticipate the total number of employees assigned to the Town’s audit on a full-time basis to be five, including the partner, senior manager and two to three senior or staff accountants. No part-time or subcontracted staff will be utilized. We are a certified Micro-Small Business Enterprise by the California Department of General Services and a certified Disadvantage Business Enterprise and Womanowned Business Enterprise by CalTrans. We provide audit services to governmental entities (cities, water and fire districts, other special districts, regional transportation planning agencies, Transportation Development Act funding recipients and joint powers authorities), nonprofit organizations, financial institutions and bank holding companies, a Securities and Exchange Commission (SEC) registrant, real estate partnerships, a magazine circulation audit and others.
We have provided audit services to most of the cities located within the greater Sacramento region, large water and fire special districts such as the Sacramento Suburban Water District and the Sacramento Metropolitan Fire District and several transportation planning agencies including the Sacramento Area, El Dorado, Placer, Amador, Calaveras, Butte, Lassen and San Joaquin Councils of Governments and their city and county funding recipients. We perform Single Audit Act and compliance audits for both governmental and nonprofit entities. We provide tax services to our audit clients requiring those services.
Government Auditing Experience
Key personnel in our firm began their careers with Ernst & Young LLP serving governmental entities and other clients. Since leaving the international CPA firm of Ernst & Young LLP, Joe Richardson (deceased), the founder of Richardson & Company, Ingrid Sheipline, Brian Nash and their team have built a practice oriented toward providing services equal in caliber to those provided by firms operating on a national level. We believe we have the expertise in the governmental field to ensure high-quality service. The following is a list of governmental and governmental-affiliated entities we are currently serving or have served:
Cities:
City of Colfax (audit of basic financial statements (BFS), Transportation Development Act (TDA) Fund, federal grant compliance auditing under the Single Audit Act and preparation of State Controller’s Report)
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City of Marysville (audit of BFS, TDA Fund, Community Development Agency, Levee District and federal grant compliance auditing under the Single Audit Act) City of Ione (audit of BFS)
City of Isleton (audit of BFS and TDA Fund)
City of West Sacramento (audit of BFS, award-winning Annual Comprehensive Financial Report (ACFR), TDA Fund, Redevelopment Agency and Successor Agency, Flood Control Agency and federal grant compliance auditing under the Single Audit Act) City of Sonoma (audit of BFS and Successor Agency and preparation of State Controller’s Report)
City of American Canyon and American Canyon Fire District (audit of BFS, awardwinning ACFR, TDA Fund and preparation of State Controller’s Report) City of Citrus Heights (audit of BFS, award-winning ACFR, TDA Fund, federal grant compliance auditing under the Single Audit Act and preparation of State Controller’s Report)
City of Chico (audit of BFS, award-winning ACFR, Redevelopment Agency and Successor Agency, Public Financing Authority, Joint Powers Authority, TDA Fund and federal grant compliance auditing under the Single Audit Act) City of Elk Grove (audit of BFS, award-winning ACFR, TDA Fund and federal grant compliance auditing under the Single Audit Act)
City of Sutter Creek (audit of BFS and federal grant compliance auditing under the Single Audit Act)
City of Lincoln (audit of BFS, Redevelopment Agency, Public Financing Authority, TDA Fund and federal grant compliance auditing under the Single Audit Act) City of Marysville (audit of BFS, TDA Fund, Community Development Agency, Levee District and federal grant compliance auditing under the Single Audit Act) City of Rocklin (audit of BFS, Redevelopment Agency, Public Financing Authority and TDA Fund)
City of Dixon (audit of BFS, Annual Report, Redevelopment Agency, Public Financing Authority, TDA Fund and federal grant compliance auditing under the Single Audit Act) City of Folsom (audit of BFS, Redevelopment Agency, TDA Fund and an award-winning ACFR)
City of Biggs (audit of BFS and TDA Fund)
City of Colusa (audit of BFS and federal grant compliance auditing under the Single Audit Act)
City of Rancho Cordova (audit of BFS, ACFR, TDA Fund and preparation of State Controller’s Report)
Town of Loomis (audit of BFS and TDA Fund)
City of Napa and City of Marysville AB 1484 Successor Agency compliance agreedupon procedures Local Transportation Funds of the Counties of Sacramento, Sutter, Yolo and Yuba (compliance auditing)
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Sacramento County State Transit Assistance Fund (compliance auditing) Counties of Sacramento, Sutter Yolo and Yuba Transportation Development Act Funds Cities of Folsom, Rancho Cordova, Galt, Isleton, Sacramento, Davis, Live Oak, Yuba City, Marysville, Wheatland, West Sacramento, Winters and Woodland Transportation Development Act Funds (compliance auditing)
El Dorado County and City of Placerville Transportation Development Act Funds (compliance auditing)
El Dorado County Local Transportation and State Transit Assistance Funds (compliance auditing)
County of Placer and Cities of Roseville, Lincoln, Auburn, Loomis and Colfax Transportation Development Act Funds (compliance auditing) County of Butte and Cities of Biggs, Oroville, Gridley, Chico and Paradise (compliance auditing)
Cities of Escalon, Lodi, Manteca, Lathrop, Ripon and Tracy and County of San Joaquin Transportation Development Act Funds (compliance auditing) Special Districts:
Consumnes (formerly Elk Grove) Community Services District (audit of BFS and an award-winning ACFR)
Butte County Association of Governments (audit of BFS and federal grant compliance auditing under the Single Audit Act)
Mountain House Community Services District (audit of BFS and award-winning ACFR) El Dorado Hills Community Services District (audit of BFS, and award-winning ACFR) Rancho Murieta Community Services District (audit of BFS) Sacramento Metropolitan Fire District (audit of BFS, award-winning ACFR and federal grant compliance auditing under the Single Audit Act and other special work) California Exposition & State Fair (audit of BFS)
Sacramento Public Library Authority (audit of BFS)
Sacramento Metropolitan Cable Television Commission (audit of BFS and preparation of State Controller’s Report)
Sacramento Transportation Authority (audit of BFS and an award-winning ACFR) Auburn Area Recreation and Park District (audit of BFS and preparation of State Controller’s Report)
El Dorado Hills Fire Department (audit of BFS)
Nevada County Consolidated Fire District (audit of BFS and preparation of State Controller’s Report)
El Dorado County Emergency Services Authority (audit of BFS) Cal Tahoe Emergency Services Authority (audit of BFS) Herald Fire Protection District (audit of BFS)
Pacific Fruitridge Fire Protection District (audit of BFS) 110
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Wilton Fire Protection District (audit of BFS)
Rescue Fire Protection District (audit of BFS)
Stanislaus Consolidated Fire Protection District (audit of BFS and preparation of State Controller’s Report)
Amador Water Agency (audit of BFS and preparation of State Controller’s Report) Carmichael Water District (audit of BFS award-winning ACFR and preparation of State Controller’s Report)
Fair Oaks Water District (audit of BFS, award-winning ACFR and other special work) Sacramento Suburban Water District (audit of BFS, award-winning Annual Report and other special work)
Reclamation District 2035 (audit of BFS and preparation of State Controller’s Report) San Luis and Delta-Mendota Water Authority (audit of BFS) California Fire Rescue Training Authority (audit of BFS) Glenn-Colusa Irrigation District (audit of BFS)
Calaveras County Water District (audit of BFS, single audit and preparation of State Controller’s Report)
Nevada Irrigation District (audit of BFS, an award-winning ACFR and preparation of State Controller’s Report)
Yolo-Solano Air Quality Management District (audit of BFS and preparation of State Controller’s Report)
San Juan Water District (audit of BFS, award-winning ACFR and State Controller’s Report)
Sacramento Regional Fire/EMS Communication System (audit of BFS and ACFR) Amador Transit (audit of BFS and federal grant compliance auditing under the Single Audit Act)
Amador County Transportation Commission (audit of BFS) Citrus Heights Water District (audit of BFS and preparation of State Controller’s Report) El Dorado Irrigation District (audit of BFS, an award-winning ACFR and single audit) South Feather Water and Power (audit of BFS and single audit) Tri-Dam Project and Tri-Dam Power Authority (audit of BFS and preparation of State Controller’s Report)
Florin Resource Conservation District (includes Elk Grove Water District) (audit of BFS and award-winning ACFR)
South San Joaquin Irrigation District (audit of BFS and federal grant compliance auditing under the Single Audit Act)
Oakdale Irrigation District (audit of BFS and ACFR)
Tuolumne Utilities District (audit of BFS and preparation of State Controller’s Report) Merced Irrigation District (audit of BFS and preparation of State Controller’s Report) 111
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Solano County Water Agency (audit of BFS and State Controller’s Report) Yuba County Water Agency (audit of BFS)
Del Paso Manor Water District (audit of BFS)
South Sutter Water District (audit of BFS)
Yolo County Local Agency Formation Commission (audit of BFS) American River Flood Control District (audit of BFS)
Rio Linda/Elverta Community Water District (audit of BFS) South Yuba Water District (audit of BFS and preparation of State Controller’s Report) Yolo County Flood Control and Water Conservation District (audit of BFS) Yolo Subbasin Groundwater Agency (audit of BFS)
Yolo Emergency Communications Agency (audit of BFS)
California Pollution Control Financing Authority (audit of BFS) State Water Project Contractors Authority (audit of BFS and preparation of State Controller’s Report)
El Dorado County Transportation Commission (audit of BFS and preparation of State Controller’s Report)
El Dorado County Transit Authority (audit of BFS and federal grant compliance auditing under the Single Audit Act)
Placer County Transportation Planning Agency (audit of BFS and preparation of State Controller’s Report)
Lassen County Transportation Commission (audit of BFS) Lassen Transit Services Agency (audit of BFS)
Transport System of the University of California at Davis (audit of BFS, preparation of State Controller’s Report and federal grant compliance auditing under the Single Audit Act)
Sacramento Area Council of Governments (compliance auditing) Yuba-Sutter Transit Authority (audit of BFS and federal grant compliance auditing under the Single Audit Act)
Yolo County Transportation District (audit of BFS and federal grant compliance auditing under the Single Audit Act)
Paratransit, Inc. (audit of BFS and federal grant compliance auditing) Marin County Transit District (audit of BFS and federal grant compliance auditing under the Single Audit Act)
Calaveras Council of Governments (audit of BFS)
Regional Water Authority (audit of BFS)
Sacramento Groundwater Authority (audit of BFS)
Delta Conveyance Finance Authority (audit of BFS)
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Courtland Fire Protection District (audit of BFS and federal grant compliance auditing under the Single Audit Act)
California State Assistance Fund for Enterprise, Business and Industrial Development (audit of BFS and federal grant compliance auditing under the Single Audit Act) San Joaquin Council of Governments (audit of BFS, award-winning Annual Report and federal grant compliance under the Single Audit Act)
San Joaquin County Local Transportation Fund and State Transit Assistance Fund (compliance auditing)
San Joaquin Regional Transit District (compliance auditing) Other Governmental Entities:
Association of California Healthcare Districts - The Alpha Fund (workers compensation risk pool for rural hospitals) (audit of BFS and State Controller’s Report) Funds and accounts of the California Department of Water Resources on behalf of a large Southern California water agency, including special analyses and projects related to its contract with the State
Funds and accounts of the U.S. Bureau of Reclamation (USBR) on behalf of the Central Valley Project Water Association and various water districts including Santa Clara Valley Water District, East Bay Municipal Utility District, Contra Costa Water District, Sacramento Municipal Utility District and Placer County Water Agency The services we provide to our government and other clients prove that we have the ability to provide the services that the Town requires. Examples of these services include the following:
We have provided the Cities of West Sacramento, Elk Grove, Chico, American Canyon, Citrus Heights, Folsom, Rancho Cordova and Dixon and the Cosumnes Community Services District, Sacramento Metropolitan Fire District, Sacramento Transportation Authority, Fair Oaks Water District, Oakdale Irrigation District, Florin Resource Conservation District, San Juan Water District and San Joaquin Council of Governments with extensive assistance in the preparation of their Annual Report, including the first ACFR the City of Rancho Cordova, Sacramento Metropolitan Fire District, Florin Resource Conservation District, Consumes Community Services District and San Joaquin Council of Governments had ever prepared.
We have provided federal compliance auditing services to numerous entities, including the Cities of Elk Grove, Chico, Colfax, West Sacramento, Citrus Heights, Marysville, American Canyon and Colusa, Butte County Association of Governments, El Dorado Irrigation District, Yolo County Transportation District, El Dorado County Transit Authority, Marin County Transit District, Courtland Fire Protection District, Yuba-Sutter Transit Authority, the Transport System of the University of Davis and Paratransit and to several nonprofit organizations receiving federal grants that must also comply with Government Auditing Standards and the Single Audit Act, which are the same standards that apply to the Town.
We conduct the audits of the basic financial statements of numerous special districts, including water and fire districts. Our experience performing these audits of basic and special purpose governmental financial statements has made us thoroughly familiar with the application of generally accepted governmental accounting principles. The financial statements also follow GASB 34 requirements, the same as for cities. 113
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In addition, our key team members have gained extensive governmental accounting and auditing experience in their previous positions with Ernst & Young LLP, including the following:
Provided auditing services to numerous state and local government units that face the same unique governmental accounting and auditing aspects as the Town such as multifund structure, extensive reporting requirements, basis of accounting, and budgetary and other legal compliance requirements. These entities include the California Department of Water Resources Enterprise Fund, Sacramento County, Solano County Private Industry Council, City of Woodland, City of Lodi and California Housing Finance Agency. The audits of Sacramento County and City of Woodland also involved the preparation of award-winning Annual Reports.
Established an audit approach for testing for compliance with federal, state and local grant requirements, including application of the Single Audit Act, for Sacramento County, City of Lodi and California Housing Finance Agency.
Quality Control and Peer Review
We are a member of the Center for Audit Quality of the American Institute of Certified Public Accountants (AICPA) and participate in the AICPA National Peer Review Program. We are registered with the Public Company Accounting Oversight Board (PCAOB) created by the Sarbanes-Oxley Act to inspect firms that audit SEC registrants. All firms that join the Center for Audit Quality agree to adhere to published quality control standards and submit to peer reviews and inspections of their practice every three years. We have passed all ten of our peer reviews with a “clean opinion” and three PCAOB inspections. The ten peer reviews cover the entire period our firm has been in existence. Our latest peer review is attached. All of our peer reviews have included the review of specific government engagements.
The quality control policies for our auditing practice are described in detail in our firm’s Quality Control Document. All employees and members of our firm are provided with a copy of our Quality Control Document and are responsible for understanding, implementing and adhering to these policies and procedures. Our policies and procedures cover each of the following six elements of quality control: 1) Leadership, 2) Relevant Ethical Requirements, 3) Acceptance and Continuance of Clients and Engagements, 4) Human Resources, 5) Engagement Performance and 6) Monitoring. The adequacy of our quality control system and our compliance with that system are independently evaluated every three years through a peer review.
We also demonstrate our commitment to providing quality service in many other ways, including:
Organizing, staffing, and managing engagements to provide for appropriate levels of technical competence, experience, supervision and review. Undertaking quality control reviews of selected engagements to assure compliance with professional standards.
Recognizing our obligation to the public as well as to our clients. Conducting engagements in accordance with clients whose concern for reputation and integrity is similar to our own.
Promoting the growth of our firm primarily by referrals from existing clients satisfied with the quality of our services.
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In addition to excellent peer review and inspection results, other examples of our commitment to quality include:
Assisting numerous governmental entities with receiving the Certificate of Excellence in Financial Reporting awarded by the Government Finance Officers Association, including five that received the award on the first attempt.
Engaging a nationally recognized accounting consultant who has authored several accounting and reporting manuals, including those dealing with SEC matters, as technical support for our firm in addition to the support customarily available through the American Institute and California Society of CPAs.
Engaging a partner and Director of Audit and Banking Practices for a large midwestern firm to serve as the concurring reviewer for our SEC registrant bank as well as providing consultation with respect to audit and accounting issues for other clients. He has extensive experience auditing banks and public companies as result of more than twenty years with Ernst & Young, KPMG and his current firm.
Auditing the California Department of Water Resources on behalf of a large Southern California water agency for the past thirty years, including twelve years while key personnel in our firm were with Ernst & Young. The Agency is a consortium of twentysix cities and water districts serving nearly nineteen million people in the Los Angeles and San Diego areas. It is the largest water district in the world. This large, complex audit of the multi-billion dollar State Water Project managed by the California Department of Water Resources is on a scale and nature as to rarely be performed by other than “Big Four” international CPA firms.
Performing several special investigative audits for governmental special districts that have received extensive statewide news media attention. Being selected several times to conduct this special audit work demonstrates that our firm has the resources and expertise to successfully complete difficult, unusual auditing projects in a timely manner. Our investigations discovered several problems and our audit results were made public by the districts involved. The FBI, IRS and district attorney’s office subpoenaed our workpapers to assist them with their investigations. We have testified in federal court and given depositions related to this work which, in certain cases, resulted in managers and assistants serving federal prison sentences.
Preparing audited financial statements and other information for inclusion in several public offering documents reviewed by the SEC and other CPA firms, including Big Four firms, with minimal insignificant changes.
Preparing audited financial statements reviewed by the State Board of Accountancy without change.
Federal/State Reviews
Our firm has not been the subject of any federal or state desk or field reviews of its audits during the past three years or ever. The firm is not currently or has not previously been the subject of any disciplinary actions with State regulatory bodies or professional organizations. 115
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QUALIFICATIONS AND EXPERIENCE OF OUR KEY PERSONNEL
Employee Profiles
We have the personnel with the necessary professional qualifications and technical ability to provide you with the quality service you are looking for. We will commit and maintain staffing, both number and level needed, to successfully conclude this engagement. As you can see from the resumes of our key personnel, we have developed the proficiency in the accounting principles and standards and governmental and grant compliance auditing to ensure you will receive quality work. Our firm philosophy centers around our commitment to the highest level of quality service - delivered by quality people. We have a history of providing technical excellence through teamwork responsive to clients’ needs and expectations. Our commitment to quality results in satisfying the needs of our clients by providing value-added services and attracting and retaining clients of the highest caliber.
Our key audit executives will participate heavily in the audit of the Town. This assures the Town will receive a quality audit managed and executed on-site by seasoned professionals, knowledgeable of the government industry. We believe the quality of our services exceeds that of national and other large firms because our audit team uses more experienced professionals to actually perform the work and our experience serving large clients makes us compare favorably to any smaller firm. National and other firms typically rely heavily on senior and staff accountants to perform audit fieldwork with minimal on-site direction from partners or managers. We will have at least one manager in the field during fieldwork to directly supervise staff and the audit partner will be heavily involved in the audits as well. Richardson & Company, LLP and all assigned key professional staff are properly licensed to practice in the State of California. The following resumes outline the qualifications and experience of our key team members.
Ingrid M. Sheipline, CPA (Managing Partner and Audit Partner) Ingrid serves as our Managing Partner and would be the Town’s audit partner. She would have overall responsibility for planning, directing and coordinating our services for you. Formerly an audit manager with Ernst & Young LLP, she is a Certified Public Accountant with over thirty-six years of experience. Ingrid has supervised and conducted the fieldwork for a variety of clients including cities, governmental entities, nonprofit organizations, banks, insurance agencies, manufacturers and distributors. While with Ernst & Young LLP, she specialized in governmental entities and grant compliance auditing, and has attended or taught numerous governmental education seminars. She is currently serving or has served almost all of the previously mentioned governmental entities, including the cities of Colfax, Sonoma, American Canyon, Marysville, Sutter Creek, Colusa, Rancho Cordova and Biggs, as well as the Town of Paradise Transportation audit performed on behalf of BCAG. She has worked with a number of governmental entities that prepare ACFR’s including the City of American Canyon, Sacramento Metropolitan Fire District, City of Chico, Sacramento Transportation Authority, Nevada Irrigation District, San Juan Water District and others.
Ingrid has a Bachelor of Science degree in accounting with honors from California State University, Sacramento. She is a member of the American Institute of Certified Public Accountants and the California Society of Certified Public Accountants, having served on the Board of Directors of the Society’s Sacramento Chapter and as a member of the Government and Nonprofit Committee.
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Brian Nash, CPA (Partner and Concurring Reviewer)
Brian is a partner with our firm and would serve as a second, additional or concurring reviewer, if needed. He is a Certified Public Accountant with twenty-nine years of professional accounting and auditing experience. Brian has served as audit partner for numerous cities, including Cities of West Sacramento, Citrus Heights, Elk Grove, American Canyon, Folsom and Dixon and has served as audit manager for the Cities of Colusa, Rancho Cordova, Marysville and Biggs. He has prepared ACFRs for a number of cities and special districts. He has provided service to a variety of clients, including cities, governmental entities, nonprofits, banks and water agencies.
Brian received a Bachelor of Science degree in accounting with honors from California State University, Sacramento. He is a member of the American Institute of Certified Public Accountants and the California Society of Certified Public Accountants.
David Chiaravalloti, CPA (Audit Senior Manager)
David, a senior audit manager with our firm, will organize, conduct, review and evaluate field work and will be responsible for the planning and report preparation and review under the direction of Ingrid. He would work on-site for the entire duration of the fieldwork. He has extensive experience auditing cities and other governmental entities with Richardson & Company, LLP and another CPA firm. He has managed the audits of the cities of West Sacramento, Citrus Heights, Sonoma, Ione, Chico, Elk Grove, Lincoln, Mountain House Community Services District, El Dorado Hills Community Services District and many other special districts, including those that prepare ACFRs. He has twenty-one years of professional experience, including eighteen years with our firm. David received a Bachelor of Science degree in accounting from California State University, Sacramento.
Other Staff
We would assign senior and staff accountants as needed to the engagement with experience working on cities and governmental audits, since everyone in our firm is required to work on a portion of our previously mentioned audits. Because of the extensive amount of government auditing we perform, all staff attend continuing professional education related to government accounting and auditing.
Our Commitment to Staffing Continuity
Richardson & Company, LLP has proven its ability to attract and retain an excellent professional staff to serve our clients and meet our commitments. We currently have twenty-six professional staff, including thirteen CPAs, and four administrative staff. In addition, while national and other firms have high staff turnover rates, which makes it difficult to provide staffing continuity from year to year, our firm has experienced a very low turnover rate. Accordingly, we commit to maintaining a staffing level sufficient in size and experience to successfully complete the audit each year. We consider staffing to be of the utmost importance because of its significant impact on our ability to provide you with outstanding service. We have consistently demonstrated our firm’s ability to recruit, train and maintain a quality staff as evidenced by our excellent peer review results for the past thirty-one years and our ability to consistently attract and serve quality clients.
We will strive to maintain continuity of staff as long as the individuals are employed by the firm but should there be a need to replace a key staff member, the Town will have the right to approve or reject the replacement. Changes to other audit personnel will be with individuals with substantially the same or better qualifications or experience. We can ensure quality audit services even if there is staff turnover because we have senior level staff work on-site for the duration of the audit, providing assistance and supervision to junior staff. The Town would be a 117
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priority client of the firm and we would ensure we provide the Town with experienced staff members in all aspects of the audit, including on-site fieldwork.
If selected as your auditors, Ingrid Sheipline would have overall responsibility for our services for you. Ingrid would spend a substantial amount of time on site during the audit and will assist with the resolution of any issues. Ingrid would work closely with Dave to ensure they have all the resources necessary to provide the Ingrid with excellent service.
Governmental Continuing Professional Education
Our firm regularly attends courses on government accounting and auditing issues and grant compliance auditing and is represented at the California Society of CPA’s Sacramento Chapter of the Government Committee to stay abreast of current issues affecting the government industry. Consistent with Government Auditing Standards, each of our auditors that are responsible for planning, directing, conducting or reporting on any of our government-related audits completes 80 hours of continuing education and training every two years, including subjects directly related to the government environment and to grant compliance auditing. All personnel that will be assigned to your engagement team have attended governmental training programs. Our governmental training program consists of governmental courses offered by professional societies as well as subscription to a video training service that includes significant issues relating to governmental accounting standards and grant compliance presented by top government experts from throughout the country. We also provide internally developed classes addressing current accounting and auditing issues pertinent to our clients. Topics of these courses attended by each of the staff above over the past three years have included the following:
Annual Governmental Accounting and Yellow Book and Single Audit Update Auditing Conference Communicating Internal Control in Government Government Auditing Standards Audits
Audit Risk Assessment Standards GASB, New Standards
New Guidance: From Derivatives to OPEB Government Fraud: Profiling & Prevention Fraud: Exposures and Solutions GASB's Lease Standard
Fraud Update The Accounting Controls Guidebook
The Reporting Model - Revisiting GASB 34 Government Pension Accounting Standards Audit Issues/Compliance Update GASB's Defined Benefit Pension A&A Governmental Legal Update Standards
Internal control and Fraud Detection Auditing Standards Update State and Local Government update on Government Audits: From Improper Payment Legislation to Change Agent
Overview of GASB Proposals for Financial How the New "Risk-Based" Audits Will Statement Users Affect You
Where's GASB Headed With the Financial Pension Obligations: Improving Accounting & Reporting Model Project? Financial Reporting
Employee Fraud GASB: Continued Progress, Continued Issues Single Audit: Where's It Going Scouting the Landscape of California Municipal Bonds & Municipal Finance: Government Finance Today What's Going On? OPEB and New Accounting Standards GASB 75 2018 Yellow Book: What You Need to Know Auditing, Assurance & Ethics Update for Government Auditing Standards and Single Goverments
Audit Issues Leasing Standards (GASB 87) and Fiduciary
Annual GASB Update Activities (GASB 84)
New Financial Reporting Model 2019 Yellowbook and Single Audit Update Occupational Fraud and Abuse What the State Auditor Does AICPA Standards Update Annual Required Government Audit Quality Center 118
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SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT AGENCIES
We have emphasized throughout our proposal that Richardson & Company, LLP provides quality service. Please feel free to contact any of these clients to confirm our ability to provide the type of services you are seeking.
Name of reference entity: City of West Sacramento, California Name of principal contact, title: Nitish Sharma, former Budget Manager (now Consumnes
CSD CAO)
[email protected]
Address and phone number: 1110 West Capitol Avenue, 3rd Floor West Sacramento, California 95691
(916) 617-4582
Services performed: Audit of the financial statements in accordance with generally accepted auditing standards, Government Auditing Standards and the Single Audit Act. Preparation of the
Annual Comprehensive Financial Report for submission to the GFOA’s certificate program. GFOA Certificate of
Achievement was awarded. Audit includes the Port of
Sacramento blended component unit, the Redevelopment
Successor Agency, the West Sacramento Area Flood Control Agency and the Gann limit. We also perform Transportation Development Act compliance auditing.
Engagement Partner: Brian Nash
Total hours: 900 hours
Completion dates: Audits completed for the years ended June 30, 2005 through 2007 and 2013 through 2018.
* * * * *
Name of reference entity: City of American Canyon, California Name of principal contact, title: Lincoln Bogard, MAcc, CPA, CFE, Finance Director [email protected]
Address and phone number: 4381 Broadway, Suite 201
American Canyon, California 95403
(707) 647-4362
Services performed: Audit of the financial statements and Annual Report in accordance with generally accepted auditing standards,
Government Auditing Standards. Preparation of the Annual Comprehensive Financial Report for submission to the
GFOA’s certificate program. GFOA Certificate of
Achievement was awarded. Audit included the Gann Limit.
Engagement Partner: Brian Nash and Ingrid Sheipline
Total hours: 575 hours
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Completion dates: Audit completed for the years ended June 30, 2012 through 2021.
* * * * *
Name of reference entity: City of Sonoma, California
Name of principal contact, title: Susan Casey, Assistant City Manager [email protected]
Address and phone number: No. 1 The Plaza
Sonoma, California 95476
(707) 933-2215
Services performed: Audits of the financial statements in accordance with generally accepted auditing standards, Government Auditing Standards. Preparation of the basic financial statements.
Audit includes the Gann Limit and preparation of State
Controller’s Report.
Engagement Partner: Ingrid Sheipline
Total hours: 500 hours
Completion dates: Audits completed for the fiscal years ended June 30, 2017, 2018 and 2019. Audit for 2020 is in process.
* * * * *
Name of reference entity: City of Colfax, California
Name of principal contact, title: Laurie Van Groningen, Finance Director [email protected]
Address and phone number: 33 South Main Street
Colfax, California 95713
(530) 346-2313
Services performed: Audit of the financials in accordance with generally accepted auditing standards, Government Auditing Standards and the Single Audit Act, where applicable, and preparation of the State Controller’s Report. We also perform Transportation Development Act compliance auditing.
Engagement Partner: Ingrid Sheipline
Total hours: 300 hours
Completion dates: Audits completed for the years ended June 30, 2007 through 2021.
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Town of Paradise 18
SPECIFIC AUDIT APPROACH
Our extensive experience in auditing ensures that we will concentrate on those areas of highest risk and plan and coordinate our work with management. We will not waste your time and resources by auditing areas that have no material risk to the financial statements. We will perform an assessment of the internal controls for the purpose of determining the procedures necessary to perform our audit, and any recommended enhancements to internal controls that we note during our audit will be communicated to management.
Scope of Services
We understand that the Town requires an audit of its basic financial statements, including the preparation of the financial statements, for the fiscal years ended June 30, 2022, 2023 and 2024, with the option to extend for 2025 and 2026, including all procedures necessary for the issuance of an opinion regarding the fairness of the presentation of the financial statements in conformity with generally accepted accounting principles. The audits are to be performed in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants (AICPA), standards for financial audits provided in the U.S. General Accounting Office’s Government Auditing Standards, the provisions of the Single Audit Act of 1996 and the provisions of the Title 2 U.S. Code of Federal Regulations Part 2000, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) (formerly OMB Circular A-133) and the applicable laws, rules and regulations. These services will include the following:
1. Perform an audit of the Town’s financial statements to determine conformity with generally accepted accounting principles and issue a report on the fair presentation of the financial statements, which will include both Government-wide Financial Statements and Fund Financial Statements.
2. Evaluate internal controls sufficient to determine the nature and extent of procedures to perform and issue reports on internal control and compliance in accordance with Government Auditing Standards and management letter, if applicable.
3. Apply limited audit procedures to Management’s Discussion and Analysis (MD&A) and required supplementary information.
4. If federal expenditures exceed $750,000 during the year, perform a Single Audit on the expenditures of federal grants in accordance with Uniform Guidance and render the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with Uniform Guidance.
5. Prepare a management letter addressed to the Town Council setting forth recommendations (as applicable) for improvements in the Town’s accounting systems.
6. Test compliance with Proposition 111, Article XIII.B – Review of Appropriation Limit Calculations. (Gann Limit)
7. Preparation of Annual Financial Transactions Report to the State Controller. 121
Town of Paradise 19
8. If indications of defalcation or other circumstances are noted during the audit that require additional procedures beyond the scope of the examination, we will discuss the situation with the Town Manager and will provide a fee estimate for these additional procedures.
9. Prepare SF-SAC Data Collection Form for Reporting on Audits of States, Local Governments, and Non-Profit Organizations for filing with the Federal Audit Clearinghouse.
10. Prepare any other reports to the governing body as may be required by the generally accepted auditing standards.
11. Assistance with implementation of Government Accounting Standards Board pronouncements, as requested.
Audit Approach
Our audit approach to this engagement is divided into three stages as follows:
Initial Planning: We believe that a smoothly run audit is based upon the early identification and resolution of reporting and auditing issues. Due to the extensive knowledge gained through auditing other cities and other governmental organizations, we will identify such issues in a timely manner and obtain a better understanding of your organization and the external and internal environments in which the Town operates. We will examine significant contracts and agreements to determine the effect on the nature and extent of the auditing procedures and to determine laws and regulations subject to test work. Our familiarity with laws and regulations affecting cities, including those related to grant funding received, will also be used as a resource for determining the extent of testing needed. We will meet with your personnel to obtain an understanding of your internal control structure policies and procedures and to document the flow of information through the accounting system, including how your accounting system is used to process data, and prepare walkthrough questionnaires with the assistance of your staff.
In order to obtain an understanding of the Town’s accounting processes, including internal controls that are in place, we will provide the Town with a list of questions and will meet with Town personnel to discuss them. We will walk through controls over receipts, disbursements and payroll transactions while performing tests of controls. We will also determine the provisions of any and all federal, state and county orders; statutes; ordinances; charters; debt covenants; administrative code or other rules and regulations that have a significant financial impact on the Town. We will also review budgets, organization charts and any accounting procedures manuals to obtain an understanding of the Town. We will evaluate information from other financial and management information systems used by the Town to determine the potential use of the information from these systems in the audit process.
Program Development: Our risk assessment and evaluation of internal controls will provide the basis for determining the nature, timing and extent of audit procedures for specific transactions and accounts. Our approach to planning the audit will be in accordance with Statement of Audit Standard (SAS) Nos. 104 through 111, as updated by 122 through 125. Accordingly, we will focus on obtaining an understanding of the control environment, risk assessment, information and communication, and monitoring components. We will document the Town’s control environment and will perform a walkthrough of significant areas to assess control risk for the purpose of planning our substantive tests. We will perform additional testing of internal controls as needed based on our risk assessment. An overall audit program is the end product of our initial planning. The primary purpose of this phase of our audit approach is to assess the 122
Town of Paradise 20
likelihood of material error in the accounts and transactions and to determine the most cost effective and cost efficient mix of audit procedures. In developing the audit program, our goal will be to:
Provide a complete audit program for all important financial statement amounts. Eliminate redundant audit procedures.
Use audit procedures that accomplish more than one purpose.
Our audit approach is based on an analysis and understanding of the external and internal risk currently facing the organization we are auditing. Risk analysis enables us to design the most effective and efficient audit program, which evaluates and includes audit tests in relation to the size and probability of these risks. This approach provides us with a uniform method for developing and documenting the basis for our audit program. We will use the Town’s budget to evaluate the need for committed and assigned fund balances as well as to perform analytical procedures for comparison to actual revenues and expenditures.
We provide our clients with a detailed list of items needed during the audit well in advance to allow for sufficient time to gather the information. We encourage our clients to upload electronic information to our encrypted share file site if convenient for our clients. This allows us to keep track of all information provided by our clients to minimize duplicate requests. This approach minimizes disruption to Town staff during the course of the audit.
Program Execution: During this stage of our audit, we will perform the tests of transactions processed through the accounting system, direct tests of account balances and tests of compliance with laws, regulations and contracts. We will utilize analytical procedures in all areas of the audit, especially revenues and expenses. We plan to use either random or systematic sample selection methods to perform such tests. We use random sample generation software to select our sample and alternate sample items during the audit. We will perform all requested tasks as one integrated engagement and will schedule the timing of our field work so that there will be minimal disruption of the day-to-day operations. We will perform testing of internal controls in the areas of cash, receipts, cash disbursements and payroll, with sample sizes ranging from 5 to 40 items, which will depend on the size of the population. We will select our samples randomly from number sequences or other documents provided by the Town. We will utilize computer software during the engagement, including during the on-site fieldwork, for all workpaper preparation and for developing the lead schedules and trend analysis reports used in the audit process. Once uploaded, the Town general ledger accounts will be linked to the statements in the financial statements through the use of CCH Engagement software.
The work plan on the next page was developed with your deadlines in mind. Upon selection as your independent accountants, we will meet with you, and together we will determine a specific timetable which ensures minimal disruption of your employees. As can be seen from the following work plan, the service team is composed in such a way that each member has adequate supervision and technical support.
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Town of Paradise 21
Work Plan
Task Timing Partner Managers Senior Staff Total
May/June 5 10 5 20
documentation and evaluation
and confirmation letters
Estimated Hours
Audit Planning:
Internal control/systems
Prepare audit assistance package
Develop audit programs
Risk assessment
Begin audit planning process
July 5 8 8 21
receipts, disbursements, payroll
regulations and contracts
Substantive Testing: December 25 75 72 152 324
and related liabilities
10 20 20 15 65
December/January
No later than
January 31
Total Annual Audit Hours 40 110 100 180 430
Cash and investments
Long-term liabilities
Payroll and related liabilities
Delivery of final reports
Reporting and Wrap-up:
Capital assets
Expenses for goods and services
Tests of compliance with laws,
Net position
audit reports
Prepare financial statements and
Compliance and Internal Control Tes
Tests of transactions for cash
Revenue and receivables
Our audit will be planned so that delivery of all required reports will be accomplished in a timely manner. We believe that the staffing of the audit is sufficient to ensure the timely completion of the audit and to ensure that the work is properly supervised. We would work closely with management to ensure that we provide timely services consistent with your requirements. We will prepare the financial statements consistent with professional standards and your needs and will review the drafts of all of our reports with you prior to finalization.
Our firm philosophy centers around our commitment to the highest level of quality service-- delivered by quality people. Our tradition of providing technical excellence through teamwork responsive to clients’ needs and expectations--and doing so to the very best of our ability-- requires that our single focus be on quality. Our commitment to quality results in:
Satisfying the Town’s needs by providing value-added services. Attracting and retaining clients of the highest caliber. Providing personal satisfaction and opportunity for professional growth for every member of our organization.
Some of the specific benefits the Town will realize from our audit approach include:
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Town of Paradise 22
A Smooth, Quick Transition--Our audit approach, familiarity with cities and our experience in succeeding other accountants prepares us to effect a smooth transition. Our transition plan will ensure that:
We understand the auditing procedures and accounting treatment currently in place. Disruption to your normal operations and time lost due to “educating” the new firm will be minimal.
We will coordinate and plan our work closely with your staff.
A Fresh Look--We will ensure that the Town benefits from a “fresh look” by its new auditors--Richardson & Company, LLP. Our approach to transition engagements, with which we are very experienced, will result in:
A thorough review and evaluation of your systems of internal accounting and compliance controls.
A review and evaluation of your significant data processing systems and controls. A fresh review of operating practices.
Ongoing Communications with Management--We will work closely with you to resolve issues and serve as the Town’s advisor on a timely basis. We do not take dogmatic, unyielding positions, and will keep the lines of communications open. We understand the concepts of materiality and will work with Town personnel on all issues with materiality in mind. Members of our engagement team will be readily available to answer the Town’s questions and to respond to the Town’s needs.
Relevant and insightful suggestions--Our plan and approach requires us to obtain a complete knowledge of the Town’s operating environment and accounting systems. This will position us well as an “advisor” to Town management.
Less disruption to the Town--Our audit plan will result in the most effective and efficient combination of internal control and account balance testing. This will eliminate duplicate procedures and unnecessary tasks, minimizing the necessary number of auditors and, consequently, result in less disruption of Town personnel. 125
Town of Paradise 23
PROFESSIONAL FEES
Our goal is to provide quality service using the highest professional standards at a reasonable cost. We plan each assignment carefully and set a time budget for each phase of the engagement. All of our staff are well indoctrinated in the need to use their time to the fullest efficiency.
Since Richardson & Company, LLP consists primarily of experienced auditors, you can be sure that you will receive the experience level and quality of service you expect. Our firm will bring to the audits strong technical backgrounds, government accounting expertise and outstanding engagement management skills.
Total All-Inclusive Maximum Price, Rates by Level and Out-of-pocket Expenses Our cost proposal contains all pricing information relative to performing the audit engagement as described in the Request for Proposal. The rates by staff classification level times the anticipated hours for each fiscal year are included in the total all-inclusive maximum price. Our total allinclusive maximum price contains all direct and indirect costs, including out-of-pocket expenses.
Therefore, our fees are all inclusive and represent a not to exceed amount. A summary of our fee estimate by task is included in Attachment A on the following page.
The breakdown of our fee by classification is as follows:
Hours Hourly
Classification Per Year Rates Fee
Partner 40 $ 180 $ 7,200
Managers 110 140 15,400
Senior 100 100 10,000
Staff 180 80 14,400
430 47,000
Discount (12,100)
Travel expenses 1,800
Total audit fees, June 30, 2022 $ 34,900
Assistance with implementation of GASB statements will be provided upon request and will be billed by the hour at a rate of $120 per hour.
Our fee estimate assumes that the Town will prepare all closing entries, including any accrual adjustments needed in accordance with generally accepted accounting principles, and that the beginning net fund balances agree to the prior year audited financial statements.
These estimates do not take into consideration changes in the scope of the audit that increase audit hours by more than a few hours due to changes in accounting or auditing pronouncements and standards, laws or regulations, the loss of key accounting personnel, material weaknesses in the internal control environment, or significant changes in the scope of the Town’s operations.
We will discuss a new fee estimate with the Town if such events occur.
During the initial audit, we will spend a significant amount of time becoming familiar with your organization and operations, developing permanent files, understanding controls and processes, and preparing the audit plans and procedures. We will absorb the cost of this nonrecurring time and view it as an excellent investment in establishing a long-term relationship and in becoming 126
Town of Paradise 24
more knowledgeable about your operating environment, which will enhance our ability to provide you with responsive service.
Should you have any questions about the details of our fees, or should our fees not appear competitive with those of the other firms, we would appreciate an opportunity to discuss them with you before you make your final decision.
Rates for Additional Professional Services
If it should become necessary for the Town to request that we render any additional services to either supplement the services requested in the RFP or to perform additional work as a result of the specific recommendations included in any report issued on this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the Town and the firm. Any such additional work agreed to between the Town and the firm shall be performed at the rates on Attachment B.
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Town of Paradise 25
ATTACHMENT A – AUDIT WORK COST PROPOSAL FORM
Service 2021/2022 2022/2023 2023/2024
Town Audit and Related Reports $ 28,850$ 29,750 28,000 $ Gann Limit Review Report $ 410 400 $ 420 $
Single Audit and Related Reports 4,000$ 4,120 $ 4,250 $ Annual State Controller Reports (not
including Annual Street Report) $ 2,575 2,500 $ 2,650 $ Total for Fiscal Year
(not-to exceed) $ 35,955$ 37,070 34,900 $
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Town of Paradise 26
ATTACHMENT B – ESTIMATE OF COST
Name of Firm:
Richardson & Company, LLP
Address:
550 Howe Avenue, Suite 210
Sacramento, CA 95825
Contact Name:
Ingrid Sheipline
Contact Phone #: (916) 564-8727 Fax: (916) 564-8728
Contact Email:
[email protected]
Auditor’s Standard Billing Rates
Position 2021/2022 2022/2023 2023/2024
Partner $ 180 $ 185 $ 190
Senior Manager 160 165 170
Manager 150 155 160
Supervisor 130 135 140
Senior Accountant 110 113 116
Staff Accountant 90 92 95
Clerical 65 65 65
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Town of Paradise 27
PEER REVIEW REPORT
130
Town of Paradise 28 131
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 2(g)
ORIGINATED BY: Roy Wallis, Senior Supervising Code Enforcement Officer
Tony Lindsey, Community Development Director
– Building & Code Enforcement
REVIEWED BY: Kevin Phillips, Town Manager
Scott Huber, Town Attorney
SUBJECT: Resolution Requesting Extension of Fees for the Abandoned Vehicle Abatement Program
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt Town of Paradise Resolution No. 2022-___, “Resolution of the Town Council of the Town of Paradise requesting extension of the Vehicle Abatement Program and associated fees and authorizing continued participation in a Service Authority for Abandoned Vehicle Abatement pursuant to California Vehicle Code section 9250.7 and 22710.” Background:
Under State law, AVA programs have a ten-year lifespan and are subject to renewal at the end of that period. The Butte County Program expires on July 31, 2023. The county must inform the Department of Motor Vehicles by December 31, 2022, whether or not it intends to continue the Program
Questions have been raised regarding the applicability of Proposition 26 to the $1 and $2 vehicle registration fees. Proposition 26 requires that a two-thirds majority approve specific State and local fees of the voters. Butte County staff have determined that Proposition 26 applies to the vehicle registration fees. Therefore, a continuation of the AVA Program and the associated fee is subject to a vote at the next available election. For this item to be placed on the 2022 ballot, state law requires that most participating members in the Service Authority adopt a resolution that requests the extension of the fee program.
Analysis:
The Town of Paradise has participated in the Butte County Abandoned Vehicle Service Authority (Service Authority) since 2003. The Service Authority, which is a joint powers authority, includes Butte County and the Cities of Biggs, Chico, Gridley, Oroville, and the Town of Paradise. The Program uses a $1 fee on passenger vehicle registration and a $2 fee on commercial vehicle registration within the County and Cities/Town to defray costs associated with removing abandoned vehicles. This Program is known as the Abandoned Vehicle Abatement, or AVA Program.
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Money collected from Program fees is used annually by the Service Authority to provide a partial reimbursement to the Town of Paradise for costs associated with Code Enforcement's abatement of abandoned vehicles, which are a source of blight and a threat to public safety. Over the life of the AVA program, (2003 -current) the Town has received $407,015.20 from the Program and has resulted in the abatement of 1,371 vehicles.
Financial Impact:
The current AVA fund balance of $92,936.00 has the potential to fund the anticipated pro-rata share estimated to be $8,700 for the ballot measure. Without this ongoing funding source, the Town would not be able to ensure that abandoned vehicles are abated and removed. 133
TOWN OF PARADISE
RESOLUTION NO. 2022-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
REQUESTING EXTENSION OF THE VEHICLE ABATEMENT PROGRAM AND
ASSOCIATED FEES, AND AUTHORIZING CONTINUED PARTICIPATION IN A
SERVICE AUTHORITY FOR ABANDONED VEHICLE ABATEMENT
PURSUANT TO CALIFORNIA VEHICLE CODE SECTION 9250.7 AND 22710 WHEREAS, the Town Council of the Town of Paradise finds that abandoned, inoperable, wrecked and dismantled vehicles, or parts thereof, pose a public health and safety hazard and are found to be public nuisances; and WHEREAS, pursuant to Sections 9250.7 and 22710 of the California Vehicle Code, the Town of Paradise has participated in the Butte County Abandoned Vehicle Service Authority (“Service Authority”) since its establishment in 2003, and has received funding through its Abandoned Vehicle Abatement Program (“AVA”) in order to abate abandoned vehicles; and WHEREAS, the current AVA Fee sunsets on July 31, 2023, and the County and cities within the County will be unable to recover a significant portion of the costs of abating nuisance vehicles; and
WHEREAS, the Council finds that the Abandoned Vehicle Abatement Program and the continued existence of the Service Authority are needed to provide for the proper removal and disposal of abandoned vehicles; and WHEREAS, the current AVA fee which funds the Service Authority sunsets on July 31, 2023, leaving the Town unable to recover a significant portion of the costs of abating abandoned vehicles; and
WHEREAS, it is necessary to place the request to extend the abatement program AVA fee on the November 8, 2022 general election ballot.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Paradise as follows:
1. The Town of Paradise hereby requests that the AVA Program fee be extended for a period of ten years, subject to approval by the voters of the county; and
2. The Town of Paradise is hereby authorized to participate in the Service Authority for abandoned vehicle abatement if extended in Butte County pursuant to the provisions of Sections 9250.7 and 22710 of the California Vehicle Code.
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THE FOREGOING RESOLUTION was PASSED AND ADOPTED by the
Town Council of the Town of Paradise this 12th 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
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Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 2(h)
ORIGINATED BY: Jessica Erdahl, Senior Capital Projects Manager REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: FEMA Public Assistance– Off-System Culvert
Replacement Project PSE Approval and Authorize
Advertisement for Bids.
LONG TERM
RECOVERY PLAN:
Yes, Tier 1
COUNCIL ACTION REQUESTED:
1. Consider adopting Resolution No.22- , A resolution of the Town Council of the Town of Paradise approving the plans and specifications for the Off-System Culvert Replacement Project and authorizing advertisement for bids on the project.
Background:
Culverts:
As a result of the 2018 Camp Fire, numerous off-system HDPE culverts were damaged.
Immediately following the disaster, the Town identified two (2) off-system culverts, initially, that needed emergency opening (EO) repairs. EO repairs were completed in January 2019.
Subsequent assessments identified twenty-five (25) additional locations that were damaged and in need of permanent restoration.
On November 10, 2020, Paradise Town Council awarded master on-call contracts to Mark Thomas, Dokken Engineering, GHD, Inc., Wood Rodgers, Inc. and Dewberry Drake Haglan to perform on-call professional civil engineering services for a variety of local, state, and federallyfunded projects. Subsequently, in February 2021, a task order was issued to Dokken Engineering, to perform civil design services on the Off-System Culvert Replacement Project.
The overall scope of work for the Project can be summarized as follows:
Repair Camp Fire damaged off-system culverts to achieve a pre-fire condition.
A vicinity map of the project limits is provided in this Agenda Summary.
Analysis:
The culvert repair, project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire and necessary to restore roadway infrastructure to a pre-fire condition.
With Council approval of the plans and specifications and authorization to advertise for bids, staff proposes the following schedule:
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Advertise for bid: April 18, 2022 – May 13, 2022
Award Contract: June 14, 2022
Construction: Summer 2022
Financial Impact:
The total estimated construction and construction engineering cost for the project is $607,790.
The estimated funding breakdown is shown below. A detailed project accounting description will be made available at the time of contract award.
On-System Culvert Repair Project
Project Phase Total Cost Grants Local
Preliminary Engineering $ 108,423 $ 101,646.56 $ 6,776.44 Construction $ 527,790 $ 494,803.13 $ 32,986.88
Construction Engineering $ 80,000 $ 75,000.00 $ 5,000.00 TOTAL $ 716,213 $ 671,450 $ 44,763
Required matching funds, $44,763, are anticipated to be awarded through the Community Development Block Grant-Disaster Recovery fund allocation process. However, if CDBG-DR funds are not ultimately realized, the Town will be required to fund the local matching portion of the project costs through other sources, such as future reserves.
Attachments:
A. Vicinity Map
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1 TOWN OF PARADISE
RESOLUTION NO. 2022-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE APPROVING
THE PLANS, SPECIFICATIONS AND ESTIMATES FOR THE OFF-SYSTEM CULVERT
REPLACEMENT PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS ON THE PROJECT.
WHEREAS, off-system road HDPE culverts sustained damage as a result of the Camp Fire; and,
WHEREAS, the Town of Paradise has received a $660,790 allocation of Federal Emergency Management Agency Public Assistance funds; and, WHEREAS, the purpose of the Public Assistance Program is repair or reconstruction of non-Federal aid highways and roads (“Off-System”) which have suffered serious damage as a result of natural disasters.
WHEREAS, eligible repairs may include, but are not limited to, damage occurring to roadway culverts.
WHEREAS, the Off-System Culvert Replacement Project is consistent in scope with the approved Public Assistance funds: and,
WHEREAS, the Off-System Culvert Replacement Project is consistent with priorities identified in the Paradise Long-Term Recovery Plan prepared in response to the 2018 Camp Fire.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
Section 1. The design, plans, specifications and estimates for the Off-System Culvert Replacement Project described in the Town Council Agenda Summary for this Resolution are hereby approved.
Section 2. The Public Works Department is authorized to advertise the Off-System Culvert Replacement Project.
PASSED AND ADOPTED by the Town Council of the Town of Paradise on this 12th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Steve Crowder, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________
Dina Volenski, CMC, Town Clerk Scott E. Huber, Town Attorney 138
Figure 1
Off-System Culvert Replacement Locations
Town of Paradise Off-System Culvert Replacement Project Town of Paradise, Butte County, California
Source: ESRI Maps Online; Dokken Engineering 5/27/2021; Created By: vchevreuil V:\2785 Paradise Culvert Replacements\F1_Off_System_Culvert_Replacement_Locations.mxd I
0 0.5 1 1.5 2
Miles
1 inch = 0.75 miles
Town of Paradise Limits
Off-System Culvert Replacement Sites
Nunneley Rd
Skyway
Pearson Rd
Penz Magnolia Hwy
Thomasson Ln
Sawmill Rd
Old Clark Rd
Malibu Dr
Kibler Rd
Central Park Dr
Herman Rd
Scottwood Rd
Redbud Dr
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Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 2(i)
ORIGINATED BY: Jessica Erdahl, Senior Capital Projects Manager REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Ponderosa Elementary Safe Routes to School Project Acceptance
LONG TERM
RECOVERY PLAN:
Yes, Tiers 1
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2022-__, A Resolution of the Town Council of the Town of Paradise accepting Contract No. 9380.CON, Ponderosa Elementary Safe Routes to School Project, performed by All-American Construction, Inc., Live Oak, CA.
Background:
On September 26, 2013, Governor Brown signed legislation creating the Active Transportation Program (ATP) in the Department of Transportation (Senate Bill 99, Chapter 359 and Assembly Bill 101, Chapter 354). The ATP consolidates existing federal and state transportation programs, including the Transportation Alternatives Program (TAP), Bicycle Transportation Account (BTA), and State Safe Routes to School (SR2S), into a single program with a focus to make California a national leader in active transportation. The ATP administered by the Division of Local Assistance, Office of Active Transportation and Special Programs. The objective of the ATP is to achieve the following objectives:
• Increase the proportion of biking and walking trips,
• Increase safety and mobility for non-motorized users, • Advance the efforts of regional agencies to achieve greenhouse gas reduction goals, • Enhance public health, including the reduction of childhood obesity through the use of projects eligible for Safe Routes to Schools Program funding, • Ensure disadvantaged communities fully share in program benefits, and • Provide a broad spectrum of projects to benefit many types of active transportation users.
In late 2015, the Town of Paradise learned the Ponderosa Elementary Safe Routes to School Project was awarded funding through the Active Transportation Program Cycle 2 solicitation.
On June 14, 2016, Paradise Town Council awarded a contract to NorthStar Engineering to perform necessary preliminary engineering and right of way work on the project.
The overall scope of work for the Ponderosa Elementary Safe Routes to School Project can be summarized as follows:
• Installation of new Class I Multi-Use Pathway along Pentz Road from Bille Road to Wagstaff Road
• Installation of enhanced crosswalks and pedestrian-activated rectangular rapid flashing beacons
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• Installation of culvert pipes and drainage infrastructure • Non-Infrastructure component is included to compliment and train end-users on the project and increase walking and biking to school.
On March 9th, 2020 Paradise Town Council adopted a resolution approving the Plans & Specifications for the Ponderosa Elementary Safe Routes to School Active Transportation Program Projects. Council further directed staff to advertise for bids on the subject combined project.
On April 13, 2021 Paradise Town Council awarded contract No 93.80.CON Ponderosa Elementary Safe Routes to School Project to All-American Construction, Inc. the amount of their base bid $995,306.70 and approved approve contingency expenditures not exceeding 10%..
Analysis:
Construction efforts began on May 20, 2021 and continued through February 16, 2022. Work was mutually suspended during the months of October, November, December and January due to existing utility conflicts (utility poles) and weather. Upon removal of existing utility poles by AT&T in January 2022, final grading, paving and striping was completed during the month of February, 2022.
Financial Impact:
The total estimated construction cost of the Ponderosa Elementary Safe Routes to School Project, including a 10% contingency, was $1,094,837.37. The actual total construction cost is $1,202,100.59. Project expenditures and a funding summary is detailed below:
Contract Items ATP Local (LTF) Total
Construction Contract - Actuals $ 985,776.76 $ 216,323.82 $ 1,202,100.58 Construction Engineering - Estimated $ 73,865.59 $ 11,815.41 $ 85,681.00 Total $ 1,059,642.35 $ 228,139.23 $ 1,287,781.58
Available Funding $ 1,113,000.00 $ 276,572.14 $ 1,389,572.14 Balance $ 53,357.65 $ 48,432.91 $ 101,790.56
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TOWN OF PARADISE
RESOLUTION NO. 2022-____
A RESOLUTION OF THE TOWN COUNCIL OF TOWN OF PARADISE
ACCEPTING THE WORK PERFORMED UNDER THE PONDEROSA
ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT
(CONTRACT NO. 9380.CON).
WHEREAS, the Town of Paradise has heretofore contracted with All-American Construction, Inc. for certain work performed under that certain project known as the Ponderosa Elementary Safe Routes to School Project, being Contract No. 9380.CON; and
WHEREAS, said work of improvements, as called for by the contract between the Town of Paradise and All-American Construction, Inc., referable to said project was completed on February 16, 2022 to the satisfaction of the Town; and WHEREAS, there has been posted a bond insuring the work of improvements from a maintenance standpoint for a period of one year from and after completion.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise that is hereby accepts the work performed on those certain improvements, the subject of a contract between the Town of Paradise and All-American Construction, Inc., known and referred to as the Ponderosa Elementary Safe Routes to School Project.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 12th day of April, 2022 by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
Steve Crowder, Mayor
ATTEST:
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
Scott E. Huber, Town Attorney
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Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 2(j)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: PG&E Permanent Easements
6225 & 6295 Skyway
LONG TERM
RECOVERY PLAN:
Yes, Tier 1 “Underground Utilities”
COUNCIL ACTION REQUESTED:
a) Adopt Resolution No. 2022-__, A Resolution of the Town Council of the Town of Paradise authorizing a permanent easement at 6225 and 6295 Skyway to Pacific Gas and Electric Company.
Background:
PG&E is in the process of undergrounding electrical facilities throughout the Town of Paradise in response to the 2018 Camp Fire and 2019 Community Long Term Recovery Plan. As a part of its construction efforts, PG&E needs to install above grade equipment to support the below grade electrical facilities. The easements are for permanent above grade transformers and access for ongoing maintenance of the same. The locations on Town property are in areas that do not impact future improvements, access, or use of the properties. Assessor’s Parcel Number 052-130-049, 6225 Skyway is the Park and Ride public parking lot, with the 180 square foot easement on the far property line, adjacent to Fir Street.
Assessor’s Parcel Number 052-130-045, 6295 Skyway is the Building Resiliency Center, with the 181 square foot easement on the corner of Boquest Boulevard and Inez Way.
Analysis:
PG&E has identified a permanent easement is needed on two Town owned properties for above grade transformers and access for ongoing maintenance of the utility. A Temporary Right of Entry for construction and staging was approved by the Town Manager on 3/31/22 for the construction of the permanent facilities, and this easement will be required for the A copy of the easement packages including mapping and description can be found in Attachment A to this staff report.
Financial Impact:
There are no financial impacts associated with granting this easement.
Attachments:
A. Easement Packages
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Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 5(a)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: 2
nd Public Hearing and Approval of Community
Development Block Grant (CDBG) 2022-2023 Annual
Action Plan
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Conduct the second public hearing to solicit comments and/or suggestions regarding the Draft 2022-2023 Annual Action Plan; and,
2. Adopt the Draft 2022-2023 Annual Action Plan as submitted; or,
3. Revise the Draft 2022-2023 Annual Action Plan as submitted; and,
4. Authorize staff to submit the adopted 2022-2023 Annual Action Plan to the U.S.
Department of Housing and Urban Development should no public comment be received. (ROLL CALL VOTE)
Background:
The Town of Paradise has been a U.S. Department of Housing and Development (HUD) entitlement city since 1994. HUD awards grants to entitlement communities to carry out a wide range of community development activities directed toward housing, public infrastructure and improvements, economic development, and public services.
Entitlement communities develop their own programs and funding priorities. However, grantees must give maximum feasible priority to activities which benefit low- and moderateincome persons. A grantee may also carry out activities which aid in the prevention or elimination of slum or blight. Additionally, grantees may fund activities when the grantee certifies that the activities meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health and welfare of the community where other financial resources are not available to meet such needs. CDBG funds may not be used for activities which do not meet these broad national objectives.
HUD determines the amount of each entitlement grant by a statutory formula which uses several objective measures of community needs, including the extent of poverty, population, housing overcrowding, age of housing and population growth lag in relationships to other metropolitan areas.
Annual Action Plan Proposed Funding Allocations:
144
The Town will continue to support low- and moderate-income households by providing public infrastructure for sidewalks along Skyway, housing assistance to support the HOME Infill New Construction program, and public services for LMI households in Paradise. 2022 Staff Recommended Funding Breakdown:
Public Infrastructure $57,000
Housing Assistance $23,650
Public Services $18,612
Boys & Girls Club $5,000
Camp Fire Collaborative $3,612
Meals on Wheels $5,000
Paradise Rec. & Park District $5,000
Program administration $24,815
TOTAL: $124,077
Fiscal Impact Analysis:
The impact of this agenda item and subsequent actions related to the CDBG Program is positive, as it will result in the award of approximately $124,077 in federal funds. There is no impact to the General Fund.
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2022 Annual Action Plan
DRAFT
Town of Paradise
5555 Skyway
Paradise, CA 95969
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
The Town of Paradise, through its Community Development Block Grant (CDBG) program, strives to provide affordable and decent housing, a suitable living environment and economic opportunities especially for low- to moderate-income (LMI) households and special needs communities. The Town is designated as an entitlement community by the U.S. Department of Housing and Urban Development (HUD), enabling it to be eligible for federal CDBG funds allocated through HUD’s Community Planning Development program. These funds will help the Town address the community development objectives outlined by HUD, which include, but are not limited to: affirmatively furthering fair housing, affordable housing activities, public infrastructure & facilities improvements, and public services.
The PY 2022 Annual Action Plan (AAP) describes the eligible activities that will work towards accomplishing the goals established in the strategic plan. By addressing the identified priority needs, the Town will improve the quality of life of residents in Paradise.
Paradise is still recovering from the aftermath of the Camp Fire, on November 8, 2018, that displaced over 25,000 residents and destroyed 90% of its homes and businesses. The Town's priorities are focused on helping our residents return home, rebuild and improve our Town's infrastructure, and support our community with public services as it repopulates.
2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.
The Town of Paradise has developed its strategic plan based on an analysis of the data presented in its plan and the community participation and stakeholder consultation process. Through these efforts, the Town has identified three priority needs and associated goals to address those needs. The priority needs and goals are as follows:
Priority Need: Expand/Improve Public Infrastructure & Facilities 1A Expand & Improve Public Infrastructure
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Priority Need: Public Services & Quality of Life Improvements 2A Provide Public Services for LMI & Special Needs
Priority Need: Affordable Housing Development & Preservation 3A Increase Affordable Housing Opportunity
3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.
The Town of Paradise, with other public, private and nonprofit community housing providers and nonhousing service agencies, continue to make significant contributions toward rebuilding housing and public facilities and infrastructure. The need for affordable housing, public improvements and services is also documented by this Consolidated Plan and the most recent program year 2020 Consolidated Annual Performance and Evaluation Report (CAPER).
The PY 2020 CAPER reports that the Town of Paradise continued to focus on our housing program in the program years.
During PY 2020-2021, the Town of Paradise focused on correctly accounting for it's program income, five owner-occupied rehabilitation loans made out of its program income, and activity delivery taken on its program income. In addition, the Town drew down CDBG funds that were expended prior to our 2018 disaster through December 30, 2020 for which it had not been reimbursed. Lastly, the Town assisted one low-income household during 2020-2021 with housing repairs using CDBG funds and 51 low- to moderate-income households move toward rebuilding their homes using CalHome funds.
4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
The Town’s citizen participation process adheres to HUD’s requirements set within the Town’s Citizen Participation Plan. This plan includes participation from all Town residents, especially low- and moderate-income persons and the special needs community such as the elderly and those with any disability.
Citizen participation efforts for the development of the 2022 AAP included a public comment period and two public hearings to allow members from the public an opportunity to review and provide comments on the draft plan.
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A 30-day public comment period was held from April 12, 2022 to May 14, 2022 to give the public an opportunity to review and comment on the plan. Copies of the plan were available from April 12, 2022 to May 14, 2022 at the following locations: Butte County Public Library Paradise Branch, Paradise Chamber of Commerce, Building Resiliency Center, Town Hall and at www.townofparadise.com. For comments or additional information, interested persons could contact Kate Anderson at (530) 872-6291 ext 122 or [email protected]
Two public hearings were held on Tuesday, March 8, 2022 and on Tuesday, April 12, 2022 both at 6:00 p.m. at Town Hall, 5555 Skyway, Paradise, CA. During the public hearings, the goals and activities in the Annual Action Plan were discussed. The public was given an opportunity to make comments/suggestions on funding priorities during the hearing.
All comments were welcome. Details of the citizen participation outreach efforts are located in AP-12 Citizen Participation.
5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.
All comments were welcome. Details of the citizen participation outreach efforts are located in AP-12 Citizen Participation.
6. Summary of comments or views not accepted and the reasons for not accepting them All comments were welcome. Details of the citizen participation outreach efforts are located in AP-12 Citizen Participation.
7. Summary
The PY 2022 AAP is the third program year of the Consolidated Plan. The draft plan was made available to the public through the public comment review period and a public hearing. Input from citizens of Paradise helped to determine the projects and activities for PY 2022. 149
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PR-05 Lead & Responsible Agencies – 91.200(b)
1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.
Agency Role Name Department/Agency
Table 1 – Responsible Agencies
Narrative (optional)
The Town of Paradise’s Business & Housing Services is the responsible entity for carrying out the administration of the housing and community development programs in Paradise. Town staff works with other Town departments, local nonprofit and for-profit organizations, and contractors to carry out the activities in the Annual Action Plan.
Consolidated Plan Public Contact Information
Kate Anderson
Housing Program Manager
Town of Paradise
(530) 872-6291 x122
[email protected]
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)
1. Introduction
This section identifies the organizations consulted in the development of the priority needs and goals of the Consolidated Plan . The organizations listed in the table below represent key stakeholder organizations which consist of nonprofits, government departments and agencies and planning organizations in Paradise and the region. Stakeholder organizations consulted through an online stakeholder survey. The results helped to identify the community’s priority needs over the next five years and the basis of the Strategic Plan.
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The Town of Paradise worked closely with local and regional partners to gather feedback for the Consolidated Plan. This included community stakeholders which were specific to Paradise and as well as Butte County, the Housing Authority of Butte County and the Butte County Continuum of Care. This helped to ensure participation efforts would be maximized and the community needs were accurately identified and recorded.
Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.
The Butte County Continuum of Care (CoC) is the local CoC for the entire county, and includes the Town of Paradise. The CoC is responsible for coordinating with various local and county homeless service providers, as well as organize the annual Point-in-Time Count which is a survey of the homeless population in the county. The Town of Paradise benefits from the coordinated efforts of the Continuum of Care through referral of resources, connections to homeless prevention initiatives in the region and access to resources not found locally in the Town.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The Town of Paradise is not a recipient of HUD’s Emergency Solutions Grant (ESG). The CoC coordinates the distribution of ESG funds along with other resources to provide street outreach services, supportive services, emergency and transitional housing and permanent-supportive housing to prevent homelessness in the region. The Homeless Management Information System (HMIS) is the system 151
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used for administering the ESG program. While the Town of Paradise does not specifically use or manage the HMIS system, the Town benefits from the CoC’s HMIS administration across the county.
2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Town of Paradise
Agency/Group/Organization Type Housing
Services - Housing
Service-Fair Housing
Other government - Local
Planning organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town is the lead responsible agency in the development and implementation of the Consolidated Plan.
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2 Agency/Group/Organization BUTTE COUNTY
Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
Service-Fair Housing
Health Agency
Other government - County
Regional organization
What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy
Market Analysis
Economic Development
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town coordinated with Butte County with the housing and community development needs. The Town also coordinates with the County on emergency services information and fire evacuation plans.
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3 Agency/Group/Organization Housing Authority of the County of Butte Agency/Group/Organization Type Housing
Services - Housing
Services-homeless
Other government - Local
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town coordinated with the housing authority with the housing and community development needs.
4 Agency/Group/Organization Butte County Continuum of Care Agency/Group/Organization Type Housing
Services - Housing
Services-Children
Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town coordinated with the Butte County Continuum of Care regarding homeless needs.
5 Agency/Group/Organization California Public Utilities Commission Agency/Group/Organization Type Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide
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What section of the Plan was addressed by Consultation? Housing Need Assessment Homelessness Strategy
Market Analysis
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town consulted with the California Public Utilities Commission for highspeed internet provider and broadband data for the Market Analysis.
6 Agency/Group/Organization Paradise Ridge Fire Safe Council Agency/Group/Organization Type Services - Hazard Mitigation; Services - Fire Safety What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis
Briefly describe how the Agency/Group/Organization was
consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?
The Town provides links to the Paradise Ridge Fire Safe Council website and emergency evacuation plan.
Identify any Agency Types not consulted and provide rationale for not consulting All comments were welcome. There were no agency types not consulted during this process.
Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care
Butte Countywide
Continuum of Care
The Strategic Plan is consistent with the goals and strategic plan of the Continuum of Care and the plan to end homelessness.
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Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? 2021 Paradise
Broadband Feasibility
Study
Chico State
Enterprises GIC
The Geographical Information Center (GIC), at Chico State Enterprises conducted a broadband feasibility study that helped determine broadband needs after the Camp Fire disaster destroyed most of the infrastructure.
Table 3 – Other local / regional / federal planning efforts Narrative (optional)
The Town of Paradise works closely with local and regional government entities in the development and implementation of the Plan. This included Butte County, the Housing Authority of Butte County, Butte County Public Health and the Butte County Continuum of Care. With the cooperation of regional partners, it is possible to fill some of the service gaps in the community. 157
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AP-12 Participation – 91.105, 91.200(c)
1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The Town’s citizen participation process adheres to HUD’s requirements set within the Town’s Citizen Participation Plan. This plan ensures and encourages participation from all Town residents, especially low- and moderate-income persons and the special needs community such as the elderly and those with any disability. Citizen participation efforts for the development of the AAP included a public comment period and two public hearings to allow members from the public an opportunity to review and provide comments on the draft plan.
For details of the citizen participation outreach efforts, please see the following table below. 158
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Citizen Participation Outreach
Sort Orde
r
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attendance
Summary of
comments receiv
ed
Summary of commen
ts not accepted
and reasons
URL (If
applicabl
e)
1 Public Hearing
Nontargeted/broad
community
A public hearing was held on
Tuesday, March 8, 2022 at
6:00 p.m. at Town Hall, 5555
Skyway, Paradise, CA. During
the first public hearing, the
goals and activities in the
Annual Action Plan were
discussed. The public was
given an opportunity to make
comments/suggestions on
funding priorities during the
hearing.
All comments will
be accepted.
All comments were
accepted.
2 Public Meeting
Nontargeted/broad
community
A second public hearing was
held on Tuesday, April 12,
2022 at 6:00 p.m. at Town
Hall, 5555 Skyway, Paradise,
CA. Similar to the first public
hearing, the goals and
activities in the Annual Action
Plan was discussed and a draft
plan was provided. The public
was given an opportunity to
make comments/suggestions
on funding priorities during
the hearing.
All comments will
be accepted.
All comments were
accepted.
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Sort Orde
r
Mode of Outrea
ch
Target of Outrea
ch
Summary of
response/attendance
Summary of
comments receiv
ed
Summary of commen
ts not accepted
and reasons
URL (If
applicabl
e)
3 Public Comment
Period
Nontargeted/broad
community
A 30-day public comment
period was held from April 12,
2022 to May 13, 2022 to give
the public an opportunity to
review and comment on the
plan. Copies of the plan were
available from June 12, 2021
to July 13, 2021 at the
following locations: Paradise
Public Library, Paradise
Chamber of Commerce,
Building Resiliency Center,
Town Hall and at
www.townofparadise.com.
For comments or additional
information, interested
persons could contact Kate
Anderson at (530) 872-6291
ext 122 or
[email protected]
om
All comments will
be accepted.
All comments were
accepted.
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The Town of Paradise’s CDBG allocation for program year 2021 was $124,077. We are assuming the same allocation for PY 2022 for planning purposes.
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services 124,077 126,957 595,219 846,253 248,154 The expected amount available for
the remainder of the ConPlan is 2x
more years of the annual allocation
for PY 2021.
Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how 161
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matching requirements will be satisfied
The Town of Paradise will utilize any and all funds available to leverage CDBG funds to make them go as far as possible. The Town has a CalHOME grant to assist our residents to rebuild their homes after the Camp Fire and has applied to HCD for a HOME Infill New Construction program. CDBG funds will be used to support this effort. 162
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan N/A
Discussion
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 1A Expand &
Improve Public
Infrastructure
2020 2024 Non-Housing
Community
Development
Expand/Improve
Public Infrastructure
& Facilities
CDBG:
$57,000
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 2000 Persons Assisted
2 3A Increase
Affordable Housing
Opportunity
2020 2024 Affordable
Housing
Affordable Housing
Development &
Preservation
CDBG:
$23,650
Homeowner Housing Added: 5
Household Housing Unit
3 2A Provide Public
Services for LMI &
Special Needs
2020 2024 Non-Housing
Community
Development
Public Services &
Quality of Life
Improvements
CDBG:
$18,612
Public service activities for
Low/Moderate Income Housing
Benefit: 239 Households
Assisted
4 5A Planning and
general
administration
2020 2024 Non-Housing
Community
Development
CDBG:
$24,815
Table 6 – Goals Summary
Goal Descriptions
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1 Goal Name 1A Expand & Improve Public Infrastructure
Goal
Description
The Town will work to expand and improve public infrastructure in Paradise. These activities include improvements to infrastructure such sidewalks and ADA improvements along Skyway to create more accessibility to grocery stores, schools, affordable housing, parks, public transportation and government offices. 2 Goal Name 3A Increase Affordable Housing Opportunity
Goal
Description
The Town will provide support for its HOME-funded Infill New Construction program. 3 Goal Name 2A Provide Public Services for LMI & Special Needs Goal
Description
The Town will provide vital support services for low- to moderate-income households and special needs groups in Paradise. Public services activities will fund programs run by non-profit organizations. 4 Goal Name 5A Planning and general administration
Goal
Description
Program administration of the CDBG program not to exceed 20% of allocation funds. 165
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Projects
AP-35 Projects – 91.220(d)
Introduction
In the table below are the proposed projects for the 2022 program year. The projects will address the highest priority needs in the Town which are Improvements to public Facilities & infrastructure, housing assistance, and supportive services for LMI and special needs groups. Administration of the CDBG program is capped at 20% of the CDBG 2021 funding allocation, as well as public services which has a grant cap of 15%. Details of the proposed projects are located in the following AP-38.
Projects
# Project Name
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The projects address the highest priority needs in the Town. Improvements and expansion to public facilities & infrastructure is a high need because infrastructure such as sidewalks will encourage the development of affordable housing in Paradise. Multi-family projects can score higher for tax credits where sidewalks connect such ammenities. Affordable housing assistance is a high priority for the Town and its residents. Due to demand for housing, low- to moderate-income households are priced out of homeownership; infill new construction can provide a small number of affordable homes for purchase by low- to moderate-income households. Public services for LMI and special needs groups such as the elderly and persons with a disability are need to help improve the quality of life in Paradise. While public services is a high priority, there is a grant allocation cap for public services at 15%.
In PY 2022 the Town will focus on public improvements, housing and public services. 166
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AP-38 Project Summary
Project Summary Information
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The Town of Paradise does not allocate funding based solely on geographic requirements. Individuals or households must meet income qualifications in order to receive direct assistance from activities and services in the CDBG program. For eligible activities to public facilities & infrastructure improvements the Town will be targeting low- to moderate-income census block group tract areas in need. See below on how the Town will determine these areas
Geographic Distribution
Target Area Percentage of Funds
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The Town of does not allocate funding based solely on geographic requirements. When the planned activities are intended to serve individuals or households directly, those individuals or households must meet income qualifications, as well as residency requirements, in order to receive assistance from the program. In these instances, Town staff and/or one of its partner agencies shall complete an in-take and eligibility status review of the applicant individual or household, before the project/activity is initiated.
When the Town has identified infrastructure and public facility improvement activities, planned activities will serve a community, neighborhood or “area”. These projects (or activities) are said to have an “area-wide” benefit. Per HUD requirements, these areas must be within an eligible Census Block Group Tract, as defined by HUD-CDBG regulations. HUD determines Low/Mod block groups tracts as those with 51% LMI population, however the Town of Paradise is an exception grantee with the LMI block group threshold lowered to 50.6%.
HUD CDBG Low/Mod Income Summary Data (LMISD), which have defined the eligible Low/Mod block group tracts within the jurisdiction can be found on the HUD Exchange website at:
https://www.hudexchange.info/programs/acs-low-mod-summary-data/ Discussion
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The Town on Paradise’s goal is to expand affordable housing in the jurisdiction. In the program year, the Town will support a HOME-funded Infill New Construction program to construct modest housing to provide homeownership to low- to moderate-income households.
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 5
Special-Needs 0
Total 5
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 5
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 5
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
Support a HOME-funded Infill New Construction program (21H) to construct modest housing to provide homeownership to low- to moderate-income households: 5 household housing units 169
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AP-60 Public Housing – 91.220(h)
Introduction
The Town of Paradise receives support from the Housing Authority of the County of Butte (HACB). The mission of HACB is to assist LMI residents of Butte County to secure and maintain high quality affordable housing. HACB administers and/or manages many different housing programs such as public housing, Housing Choice Vouchers (Section 8) and the Family Self-Sufficiency Program. These program are available in Paradise and across the county.
Actions planned during the next year to address the needs to public housing Prior to the fire, the Town did not have any public housing within Town limits. One of the reasons for this was the lack of a sewer system. Installing a sewer system is part of our Long Term Recovery Plan, and with a sewer the Town will look at the options for public housing. HACB will open wait lists for public housing and Section 8. For Section 8, due to limited funding, not all applicants will be placed on the waitlist and only 2,500 will be selected.
For public housing, HACB will be accepting applications for Public Housing waiting lists for three (3) bedroom units located in Biggs/Gridley, Chico, and Oroville. Applications can be obtained, mailed or dropped off at 2039 Forest Ave., Chico, CA 95928 or online by looking under Public Housing at the following: http://www.butte-housing.com/applicants/applications/ Actions to encourage public housing residents to become more involved in management and participate in homeownership
Public housing residents can participate in the HACB Family Self-Sufficiency (FSS) program. The FSS program works with support agencies throughout Butte County to help families develop strengths, skills and experiences necessary to achieve economic independence. A guidebook is offered to help participants learn how the program can benefit residents. The FSS program links participants with the education, job training, counseling, and other services necessary for them to become employed and to earn self-sufficient wages so they no longer need to rely on governmental financial assistance. Families are assisted through this program with a dedicated FSS Coordinator, which also supports them with referrals to needed resources.
If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
N/A. The PHA is not designated as troubled and is a “High Performer”.
Discussion
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The most recent Point-in-Time (PIT) Count survey was conducted at the Continuum of Care (CoC) level by the Butte Countywide Homeless Continuum of Care (CA-519 Chico/Paradise/Butte County CoC) taken on the night of January 29, 2020. Due to the variables made by the Camp Fire made a true count is very difficult within the Town. Data from the NA-40 Homeless Needs Assessment suggests that a majority of persons experiencing homelessness continue to be unsheltered, in particular the chronically homeless and veterans. Homelessness, and the prevention of homelessness continues to be a priority for the Town of Paradise.
Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Town of Paradise benefits from the homeless initiatives through the CoC. The Countywide CoC is a multi-agency planning body with the common goal of ending homelessness. This goal is accomplished by assisting individuals and families experiencing homelessness to receive rapid, adaptive, quality services which lead to the long-term stability of permanent housing and self-sufficiency. Specifically, the CoC administers the Homeless Managements Information System (HMIS) and the Coordinated Entry System (CES) for homeless within the region. HMIS information is tracked to inform the CoC and its members of the homeless population details in the region and the CES helps members to identify needs and services that will assist persons and families experiencing homelessness with referrals and resources. Currently, data suggests that a majority of persons experiencing homelessness continue to be unsheltered, and in particular the chronically homeless and veterans. As such, the Town will focus on these identified homeless groups.
Addressing the emergency shelter and transitional housing needs of homeless persons The Town of Paradise relies on our neighboring communities for shelters such as the Torres Shelter in Chico for homeless individuals from Paradise. Youth 4 Change has a several shelters for homeless youth in the area including Chico and Oroville.
Those who are in need of emergency shelter can contact the Butte County Sheltering Hotline. The Sheltering Hotline is for Butte County residents who have evacuated due to their home being in an evacuation zone and need sheltering or for those who have been placed in non-congregate shelter (hotel voucher stays). There are 2 options to receive sheltering assistance from the county: The County’s Sheltering Hotline is available 8am-5pm, 7 days per week. Call: 530-552-6150, and Email the County 171
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Sheltering program at [email protected] Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The Town of Paradise continues to work with neighboring jurisdictions and Butte County to find a solution for homelessness after the Camp Fire. For services that help the homeless transition to temporary or long-term housing, the Continuum of Care partners with many organizations and agencies that provide these services, both in Paradise and regionally. The Butte-Glenn 2-1-1 is a referral resource that connects persons experiencing to entities that can help assist them with their unique situations.
The 2-1-1 service is also connected to many of the CoC members. The Housing Authority of Butte County helps low income households with Section 8 Housing Choice Vouchers. An important nonprofit transition housing support resource in the area is the Jesus Center, which heads a collaborative of transitional housing partners. In response to the complexity of homelessness, hunger and poverty, the Jesus Center works with the community to restore those suffering from isolation to community integration. The Jesus Center is accepting applicants and can be reached by calling 530-345-2640 or access the application online at the following link: jesuscenter.org/housing/ Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.
As mentioned above, the Town of Paradise continues to work with neighboring jurisdictions and Butte County to find a solution for homelessness after the Camp Fire. For services that help the homeless, especially low-income individuals and families to avoid returning to homelessness, the Continuum of Care partners with many member organizations and agencies that provide various services in the area, both in Paradise and regionally. These organizations include, but are not limited to:
Catalyst Domestic Violence Services for persons affected by domestic violence. Catalyst provides a safe and confidential place for children and families, including drop-in services, counseling, legal services and more.
Elijah House Foundation: An addiction treatment that provides a variety of services including substance abuse and mental treatment, residential treatment services, alcohol and drug free housing and the Back 172
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to Work employment program.
The Jesus Center: A collaborative of transitional housing partners that work with persons experiencing or are at-risk of homelessness.
The Housing Authority of Butte County: The PHA helps low income households with Section 8 Housing Choice Vouchers.
Disability Action Center (DAC): DAC is a private, non-profit which helps to meet specific needs of people with disabilities living in Northern California. Dedicated staff provides free support to help community members with disabilities achieve and/or maintain their optimal level of self-reliance and independence.
DAC provide support services such as information, housing assistance, and provider referrals.
Youth 4 Change: The organization has several locations throughout the area which help to prevent youth homelessness. Paradise youth may be referred to Youth 4 Change services.
Discussion
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:
The primary negative effects on affordable housing and investment are not based on public policies. The 2018 Camp fire continues to be the defining event in determining priorities and the availability of housing, and the Town is working to ensure that public policies encourage development of housing units as quickly and safely as possible. Historically, one of the barriers to affordable housing is the Town of Paradise’s lack of a municipal wastewater treatment facility. Typical septic tanks and leach lines are adequate for single-family development but this is not a viable alternative for new housing developments which are at higher densities. Typically, affordable housing units are built in clusters and would require a more advanced wastewater treatment system, which typically is very expensive and may lead to costs being passed on to the developer or whomever is financing the project.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The Town intends to support Paradise residents who are rebuilding housing as soon as possible, and with the construction of the sewer, the Town will help to construct multi-family and affordable housing as well.
Discussion:
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AP-85 Other Actions – 91.220(k)
Introduction:
This section outlines other actions the Town will take to improve the quality of life for Paradise residents and address underserved needs in the community. CDBG funds enable the Town to address the priority needs in Paradise such as improvements to public facilities and infrastructure in LMI areas, the construction of affordable housing and homeownership opportunity for LMI households, and vital supportive services for LMI and special needs groups such as the elderly. Other actions identified in this section are additional resources the Town has to assist vulnerable residents and underserved needs in the community.
Actions planned to address obstacles to meeting underserved needs The activities identified in this plan will work to directly address the underserved needs of the LMI and special needs population. CDBG funded programs will work to expand on successful programs and the goal is to fill service gaps.
There are many needs for residents of the Town of Paradise after the Camp Fire, and many barriers to meeting those needs. The Town is working tirelessly to assist our residents as they rebuild. One of the actions we have taken to address obstacles to rebuilding is creating a permit fee reduction program with private grant funds to help residents with the cost of permits. We also plan to open a building resiliency center to directly assist residents with rebuilding and with resources for housing and grant programs.
Actions planned to foster and maintain affordable housing The Town will continue its First Time Home Buyer and Owner Occupied Rehabilitation programs to help homeowners rebuild after the Camp Fire. The Town will work with them on additional affordable housing opportunities in Paradise once a sewer is constructed. CDBG funds will be used to support a HOME-funded Infill New Construction program.
Actions planned to reduce lead-based paint hazards
Since the Camp Fire burned 95% of the Town of Paradise, most homes with lead based paint have been destroyed. As new homes are built, they will not have lead based paint. Any home that survived that takes part in our Owner Occupied Rehabilitation Program would be required to undergo lead-based paint testing. The Town will comply with federal regulations regarding lead testing, containment, and abatement. Paradise residents have access to Butte County Public Health services including the county Childhood Lead Poisoning Prevention Program (CLPPP). To report a health emergency, the county public health department can be contacted at 530-552-4000 or [email protected]. More information 175
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about lead poison prevention can be found on the county website at:
https://www.buttecounty.net/ph/Programs/MaternalChildHealth/ChildhoodLeadPoisoningPrevention Actions planned to reduce the number of poverty-level families The activities in this plan work directly to reduce the number of poverty level families in Paradise. While CDBG funds are limited and the Town cannot possible address every poverty issue in Paradise, the Town will utilize CDBG funds where they have the most impact.
Actions planned to develop institutional structure
The Town will continually work to develop its institutional structure by working closely with other Town departments. Ongoing communication and planning with these Town departments and programs will help strengthen the institutional structure of the CDBG program.
The Town Institutional Structure is as follows: Five member Town Council - The Town Council holds public hearings on Consolidated Plan, Annual Action Plans and CAPER reports and approves submittal to HUD. Town Council also approves funding for Public Service Agencies. The Town of Paradise, Business and Housing Services staff provides the main administrative and project management duties over the CDBG program. The BHS Staff is under the management of the Community Development Director. Staff prepares the Consolidated Plan, Annual Action Plans and CAPER for each CDBG program year. The oversight of the CDBG program is provided by the five-member Town Council whom are elected officials voted in by the citizens of Paradise. All reports and plans are reviewed by Council before they are submitted to HUD.
The Paradise Community Village rental housing project united several organizations that are working cooperatively for the betterment of the community. The degree of commitment and cooperation needed to move this project forward establishes a new paradigm in institutional structure and brings community resources together in a whole new way.
The Town works closely with non-profit organizations in the area that provide specific programs to the citizens of Paradise. These organizations provide services to very low-, low- and moderate-income residents, including the frail and elderly, mentally disabled, physically disabled, homeless, and at-risk youth. These organizations submit funding requests to the Town to qualify for money that comes out of the Community Needs Category. Up to 15% of annual funding is set-aside for these organizations. Once applications for grant funding are received and reviewed by staff, they go through a competitive review process and recommendations are decided by a funding committee and forwarded to the Town Council for final approval. Once funding decisions are made, organizations are required to sign a contract with 176
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the Town outlining the rules and regulations of public service funds. They are required to submit the required documents and reference material related to grant funding. After the contract is signed, the organizations submit quarterly and year end reports for staff review. Organizations are audited and staff performs site visits on a yearly basis. If organizations are not submitting reports on-time or are unable to follow through with program requirements, staff will monitor the organizations to make sure that HUD regulations are being met, or funding is withdrawn.
Actions planned to enhance coordination between public and private housing and social service agencies
The Town will focus on collaboration between government agencies, local non-profits, communityneeds organizations, and local businesses. The town will continue to work with stakeholder and other community service agencies, and organizations.
The Town will continue to work with CHIP and other private housing and service agencies on affordable housing like Paradise Community Village. Once the sewer is completed, the Town anticipates more opportunities for private/public partnership for affordable housing.
Discussion:
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
This section describes the program specific requirements of the CDBG grant program.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% 178
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Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 5(b)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Planning Commission Recommendation for Town
Council Adoption of Revised Design Standards for the
Downtown & the Clark Rd /Community Commercial
Development Areas
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Concur with the project “CEQA determination” finding presented and considered by the Planning Commission on March 15, 2022, and embodied within Planning Commission Resolution No. 2022-01; and,
2. Concur with the project recommended adoption and zoning ordinance amendment adopted by the Planning Commission on March 15, 2022, and embodied within Planning Commission Resolution No. 2022-01; and,
3. Adopt Town of Paradise Resolution No. 2022-___, “A Resolution of the Town Council of the Town of Paradise Adopting Updated Design Standards for the Downtown and Clark Road/Community Commercial Development Areas of the 2010 Design Standards and Rescinding the Greater RDA Project Area Design District Standards”, and,
4. Consider waiving the first reading of Town Ordinance No. ____ and read by title only; and,
5. Introduce Town of Paradise Ordinance No. ____, “An Ordinance Amending Text Regulations with Paradise Municipal Code Chapter 17.41 [Design Standards and Design Review] Relative to Updated Adoption Dates”; or
6. Direct staff to make further changes to the Design Standards. (ROLL CALL VOTE) Background:
The original Design Guidelines were adopted in May 2002 for the downtown only and then later revised in August of 2003 to include the RDA project area (Skyway). In March 2010 the Design Guidelines were renamed to “Design Standards” and standards were adopted town wide, encompassing five (5) geographical design areas – the Downtown, Greater RDA Project Area, Clark Road/Community Commercial Development Area, Gateways & Scenic Highway Corridors, and the Business/Industrial Cluster Area. The Clark Road/Community Commercial Development Area was a catch-all for any non-residential property not encompassed by one of the other design areas.
In March 2021, both the Planning Commission and the Town Council reviewed and approved changes to the Zoning Ordinance removing references and standards to the now defunct 181
Paradise Redevelopment Agency and Area. However, those changes did not include rescinding the section of the Design Standards pertaining to the Greater RDA Project Area.
Through an EDA (Economic Development Administration) funded grant, as a related task of the Transportation Master Plan project, the Town began work with Mark Thomas Engineering in early 2021 for the updating of the Downtown and Clark Rd/Community Commercial Development Area Design Standards, incorporating relevant ordinance amendments over the last 12 years which affect development. The updates were being prepared with the intention of rescinding the Greater RDA Project Area Design Standards at the time the updated standards moved forward for adoption.
In April and July 2021, public workshops were held regarding the Design Standards to solicit feedback from the residents and business owners. In July/August 2021 an online poll was released to gather information on the types of design aesthetics the community wanted to see.
The survey polled respondents, using multiple-choice pictures and write-in comments, on topics such as trash receptacles, lighting standards, benches, pavement material, signage, storefront landscaping, bus shelters, bike racks, sidewalks, planters, crosswalks, on-street parking, streetscape designs, commercial building facades, multi-family building facades, color palettes, and building materials for both the Downtown and the general Community Commercial areas.
This mix of public and private infrastructure design feedback provided the Town with guidance for both the Design Standards and standards to be applied to future capital improvement projects in the Town’s rights-of-way.
Analysis:
These updated Design Standards are intended to inspire thoughtful interpretation and response to design opportunities, while promoting and reinforcing the physical image of commercial areas and multi-family developments within the Town of Paradise. The Design Standards are not intended to replace the requirements in the Zoning Ordinance, the General Plan, or public works standards, all of which contain requirements that must be adhered to when designing projects.
However, the guidelines are intended to encourage quality, well designed development throughout Paradise that enhances existing neighborhood areas, creates identity, encourages investment in the Town, and improves the overall quality of life within the community. The standards are intended to promote a desired level of future development in Paradise that:
Preserves the sense of a small-scale, small-town community and maintains the natural beauty of the surrounding environment;
Contributes to a positive physical image and identity; Provides design assistance to the development community, architects/designers and property owners;
Promotes high-quality development that stimulates investment in and strengthening of the economic vitality of all areas of Paradise;
Facilitates the development of projects that establish a sense of place while complementing the character of traditional design established within the existing neighborhood and the Town;
Implements the goals, objectives, and policies of the Town of Paradise General Plan; Maintains and enhances property values and pride of ownership. 182
What has changed?
The updated Design Standards have integrated the new defensible space ordinance and 5-foot non-combustible standards around buildings which will make the Design Standards consistent with the proposed updated General Plan Housing & Safety Elements currently in review.
Higher quality pictorial examples, instead of drawings, of encouraged and discouraged design elements, including more local examples and examples of designs which rated favorably from the online community poll.
Longer sub-category narratives, with more pictures, which provide greater guidance on desired individual building elements such as windows, canopies, varied roof lines, and other architectural features as well as more detail and thought towards site design features like pavement treatments, pedestrian open spaces, and site furnishings such as drinking fountains, bike racks, and benches.
Revised section on landscaping to reference the updated statewide landscaping requirements known as MWELO (Model Water Efficient Landscape Ordinance). The updated documents now have internal hyperlinks from the Table of Contents and section headers that link to each of their respective sections which make the documents more digital friendly.
The Clark Rd/Community Commercial Development Area standards will encompass the now defunct RDA.
Includes new text, under Pedestrian Circulation, that discusses incorporating outdoor dining spaces in the Downtown – a response to the changes in dining since COVID. The appendixes, addressing the design review process and plant/color palettes, are now incorporated into each updated district, instead of as a separate attachment to the Standards.
What has NOT changed?
The main categories (top of page, horizontal categories) and sub-categories (side of page, vertical categories) of design features are the same as before. Most of the old text has been brought over, just elaborated upon. The color palettes remain the same as before.
The plant palette remains the same as before.
The benefit of the proposed updated Design Standards is that clearer direction is given, with better examples, of an appropriate level of detail and design for newly constructed non-single-family buildings. The previous Standards, much of which is still relevant and being brought forward, were too broad with statements such as building facades being “interesting and varied”. Whereas the updated Standards seek to articulate those façade features in measurable standards such as a minimum number of material and color variations, or wall reveals, over a set vertical and horizontal distance. Greater discussion is given to the need to vary the roof line, emphasize the point of entry, and provide architectural details that are at a pedestrian scale. This will work towards creating commercial buildings that are visually attractive with quality materials and design that draw consumers to them and avoid boxy designs, made of a single material/color, with no architectural interest or poorly incorporated faux exteriors.
Planning staff, and the Town Attorney have determined, that the nature of the proposed text amendments is sufficiently minor in that there is no possibility adoption and implementation of the amendment would result in a direct and significantly adverse effect upon the environment. Thus, the proposed amendments can be found to be exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15061(b)(3) [General Rule Exemption].
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Financial Impact:
The cost of the revisions to the attached Design Standards were covered by an EDA grant secured by the Engineering Division. The updated Standards will be available electronically on the Town’s website, for no cost, or hard copy prints can be made according to the per sheet copy fee as listed in the Town’s Master Fee Schedule.
Attachments:
Planning Commission Resolution 2022-01
Town of Paradise Resolution No. 2022-
Updated Downtown Design Standards
Updated Clark Rd/Community Commercial Development Area Design Standards Town Ordinance No. 2022-
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185
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TOWN OF PARADISE
RESOLUTION NO. 2022-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE ADOPTING UPDATED
DESIGN STANDARDS FOR THE DOWNTOWN AND CLARK ROAD/COMMUNITY COMMERCIAL DEVELOPMENT AREAS DESIGN DISTRICTS OF THE 2010 DESIGN STANDARDS AND RECINDING
THE GREATER RDA PROJECT AREA DESIGN DISTRICT STANDARDS
WHEREAS the Town Council of the Town of Paradise adopted an Ordinance in 2010 that required Design Review on a town-wide basis for all new or expanded commercial, quasicommercial, community service, office, public-funded or multi-family development projects; and WHEREAS, the Town planning staff advise that text within the Downtown and Clark Rd/Community Commercial Development Area design district standards warrant update and amendment in order to: 1) become internally consistent with updated defensible space and landscaping ordinances; 2) become consistent with the proposed updated Paradise General Housing and Safety Elements; 3) promote standards that support thoughtful and quality design of commercial and multi-family developments; and if adopted, would assist in the Camp Fire recovery efforts; and
WHEREAS, as of February 1, 2012, state law (AB 26) dissolved all redevelopment agencies in California, including the Paradise Redevelopment Agency and its respective Redevelopment Area and therefore design standards applied to a now defunct RDA should be rescinded; and WHEREAS it is determined that the proposed updated Design Standards is an activity that is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) [general rule exemption] because there is no possibility that the text amendments would result in a significantly adverse effect upon the environment; and WHEREAS the Planning Commission reviewed and considered the recommended text amendments and determined that updated design standards are appropriate and warranted and made a recommendation of approval to the Town Council.
WHEREAS the Town Council has considered the recommendation of town staff, as well as input received from the public; and on the basis of the foregoing, has determined that updated design standards to the Downtown and Clark Rd/Community Commercial Development Area design districts of the 2010 Design Standards and rescinding the Greater RDA Project Area design district standards are warranted to support the current and future development of commercial and multi-family buildings and to aid in the rebuild efforts following the Camp Fire. 187
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE as follows:
1. The Town Council hereby adopted the proposed text amendments to the Downtown and Clark Rd/Community Commercial Development Area design districts of the 2010 Design Standards as set forth in “Exhibit A” and “Exhibit B” attached hereto and made a part of by reference.
2. The Town Council hereby rescinds the Greater RDA Project Area design district standards.
3. The proposed Paradise Design Standards text amendments are not subject to the requirements of the California Environmental Quality Act (CEQA) in accordance with the general rule categorical exemption provisions of CEQA Guidelines section 15061.
4. This resolution is effective immediately upon adoption.
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
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DOWNTOWN
DESIGN STANDARDS
TOWN OF PARADISE
ADOPTED BY THE TOWN COUNCIL
DATE
190
INTENTIONALLY LEFT BLANK
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TABLE OF CONTENTS:
00 01
02 GENERAL
PURPOSE 01
GOALS 03
HOW TO USE 04
BUILDING DESIGN
FORM, MASS, AND SCALE 09
ARCHITECTURAL FEATURES 11
CANOPIES AND AWNINGS 15
VISIBILITY/WINDOWS 17
BUILDING ENTRANCES 19
MATERIALS AND COLORS 21
SITE DESIGN
INGRESS/EGRESS 25
PARKING CIRCULATION 26
PEDESTRIAN CIRCULATION 28
CREATING PLACES 30
PAVING/HARDSCAPE 31
LOCATION OF STRUCTURES 33
LANDSCAPING/IRRIGATION 34
FENCES & WALLS 37
SITE FURNISHINGS 38
SITE LIGHTING 41
SERVICE/UTILITY/WASTEWATER TREATMENT AREAS 43
ENERGY EFFICIENCY 45
I 192
03 04
05 SIGNS
DESIGN CONSIDERATIONS 49
SIZE, COLOR AND FONT 53
QUALITY AND MATERIALS 55
LOCATION ON BUILDING 56
ARCHITECTURAL COMPATIBILITY & CORPORATE IDENTITY 58
STREETSCAPE
LANDSCAPE DESIGN 61
PRESERVATION OF TREES 63
APPENDIX
GLOSSARY 67
DESIGN REVIEW PROCESS 72
PLANT PALETTE 73
COLOR PALETTE 75
TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
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1 GENERAL:
PURPOSE:
These Design Standards represent the community’s desire for good design by encouraging creativity, interest and variety, and by building upon local character to create efficient, sustainable, and livable places. The Standards are intended to promote a desired level of future development in Paradise that:
1. Preserves the sense of a small-town community in a natural mountain environment;
2. Contributes to a positive physical image and identity, while preserving the surrounding environment;
3. Provides design assistance to the development community, architects/designers, and property owners;
4. Promotes high-quality development that stimulates investment in the economic vitality of Paradise;
5. Facilitates the development of projects that establish a sense of place while complementing the character of traditional design established within the existing neighborhoods of the Town;
6. Implements the goals, objectives, and policies of the Town of Paradise General Plan;
7. Maintains and enhances property values and pride of ownership.
These Standards are meant for use by property owners, developers, business owners, and architects in achieving a superior quality design of new construction and additions to existing buildings. The purpose of the Standards is to guide quality designs that have been carefully considered and that have well integrated building features and architectural elements. These Standards complement existing development procedures, policies, and laws.
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TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 FIGURE 1-1 The Design Guide Applies to the Highlighted Area.
APPLICATION:
The standards contained in this document are focused on design.
This document is not intended to provide a listing of all Town standards or requirements. Applicants should also refer to the Paradise General Plan, the Paradise Zoning Code, the Paradise Municipal Code, the Subdivision Ordinance, and engineering design standards, and related documents. Where any conflict arises, the Town codes and standards listed above will supersede these design standards.
In cases where a property is located in an overlapping
geographical design area, the following hierarchical order will be applied to the property when making decisions for Design Review:
(1) Downtown (2) Gateway \ Scenic Highway Corridor (3) Clark Road and the Community Commercial Development Areas (4) Industrial \ Business Cluster.
In this document the terms “should” or “encouraged” means that the Town strongly prefers that the applicant apply the criteria to his or her project, but the applicant may use an alternative design feature to the one expressed by the criteria, if they can demonstrate that an alternative design feature may be used to achieve the design concept or desired aesthetic. The term “discouraged” is intended to illustrate those aspects of design which do not achieve the Town’s design review objective or meet the design review criteria and are therefore not permitted.
Final determination rests with the design review approval process.
ELLIOTT RD.
SKYWAY
OAKWOOD LANE
PEARSON ROAD
BIRCH ST.
FIR ST.
CEDAR ST.
ALMOND ST.
ALMOND ST.
SKYWAY
FOSTER RD.
HONEY RUN RD.
BOQUEST BLVD.
INEZ WAY
FIR ST.
BEECHWOOD DR.
TIPTON LN.
BLACK OLIVE DR.
PARADISE MEMORIAL TRAILWAY
WILLOW ST.
QUEEN DR.
TULIP LN.
Source: Google Maps
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3 GOALS:
The goal of the Downtown is to use good design to “create a place” that attracts pedestrians, promotes mixed-use developments, encourages commerce, and aesthetically improves the character of Paradise, as a charming mountain community.
The current theme consists predominately of parapets, covered walkways, awnings, and architectural features consistent with the Mountain Craftsman style. Representative of the surrounding environment in which Paradise is located, the Mountain Craftsman style makes use of natural materials including stone and timber. Columns, beams, rafters, and other elements are exposed and displayed as important architectural components. Warm earth tones and natural colors are reflective of the rich natural beauty that Paradise is known for. These design standards encourage and promote the further development of this style in Paradise.
Good design considers the proposed site, the surrounding properties, and the continuity of buildings along the street frontage at the proposed location to blend existing designs, upgrade deteriorated buildings and eliminate clutter and blight. Good design also considers mixed-use developments, which brings new customers and business opportunities to the downtown area. 196
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5 HOW TO USE THIS GUIDE:
LOCATION OF DESIGN ELEMENT: The following graphic shows some potential design elements for Downtown Paradise. The various design elements have been included in this guide. Click on the image for more information regarding the design element.
BUILDING DESIGN PAVING LIGHTING LANDSCAPING SIGNAGE
PLANTERS HARDSCAPE PARKING BIKE RACKS RETAINING WALL
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6 NAVIGATION OF EACH SHEET:
1 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX Provides adequate shade
Allows for circulations paths,
enhances safety and comfort
Shelter design does not
complement the aesthetic of
the Town
Walkable space
Natural tree shading
Too dense of tree planting, can cause a
fire hazard
Shelter design complements the
aesthetic of the Town
Provides seating for users
Does not provide adequate
shade
Sonoran Shelter, Marana, Arizona Phoenix, Arizona Seaside, California 2-C: PEDESTRIAN CIRCULATION
Where commercial and residenti al structures adjoin public areas, and along internal circulati on paths of the downtown area, provide pedestrians with the greatest possible sense of safety, comfort, aestheti c pleasure, and connecti on to building acti viti es at edges.
PEDESTRIAN SHELTER:
1. Provide shade from the summer sun (and protecti on from the rain, when possible) with street trees,trellises, awnings and other devices along street frontages and paths internal to the project, especially on the south side of buildings.
AESTHETIC QUALITY:
2. The highest detail and material quality for projects should be placed where pedestrians have the greatest and closest contact with the project.
C PEDESTRIAN
CIRCULATION
Image Example
Navigation Bar Main Category
Sub Category
Page Number
*Hyperlink Embedded
Location/Source
Encouraged/
Preferred Design
Discouraged Design
*Example Reference: “Refer to Section 2-C.1...”
Town Website/Title of Document
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7 BUILDING DESIGN:
FORM, MASS, AND SCALE
ARCHITECTURAL FEATURES
CANOPIES & AWNINGS
VISIBILITY/WINDOWS
BUILDING ENTRANCES
MATERIALS AND COLORS
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9 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-A: FORM, MASS, AND SCALE
Refer to the Paradise Zoning Ordinance for specific height and setback requirements in addition to those discussed herein.
1. In large buildings, vary massing to provide visual interest and ease the visual appearance of a single large mass.
2. Compose building forms, roofs, and facades to provide variation, visual interest, and appropriate scales.
3. Design the ground floor of buildings to include architectural features such as columns, ribs, pilasters, changes in plane, changes in texture or material or an equivalent element that subdivides the wall into more “human-scale” proportions.
4. Integrate elements of buildings used to give scale and proportion so they are integral with building form and construction.
5. Ensure compatibility with surrounding developments, and respect the character of the neighborhood.
6. Use building height and massing to emphasize building corners, points of entry and preserve visible skyline.
7. Minimize impact of commercial development to adjacent residential properties.
8. Locate new structures on property to maintain access to light and air circulation, and privacy of existing private open spaces on adjoining properties.
Form of building fits into broader
landscape
Variation in roof heights with consistent
form
Roof forms emphasize point of entry,
create variation, and provide visual
interest
Roof steps down at ends and edges of
building
Roof forms accentuate building entrances
Window rhythm and roof corbels reinforce
pedestrian scale.
Long, unarticulated roof lacks visual
interest
Exposed roof pitch of less than 3 : 12
A FORM, MASS, AND
SCALE
Sheridan, Wyoming
Ranchester, Wyoming
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A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
ENTRANCES
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING Detailed soffits and corbels add visual
interest to overhangs
Articulated roof design with dormers
and changes in level break up overall
roof form
Storefront windows and wainscot
stone enforce relationship to
pedestrian access
1-A: FORM, MASS AND SCALE (CONT.)
9. Roofs with dominants forms and additional architectural features such as changes in height, towers, roof dormers, or clerestories.
10. Deep eaves and overhangs with architectural detail and exposed rafter tails.
11. Long, uninterrupted roof forms and ridge lines should be avoided.
12. Unarticulated walls on publicly visible portions of the building should be avoided. Refer to Building Facades in Section 1-B.
A FORM, MASS, AND
SCALE
Mountain Village, Colorado
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11 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-B: ARCHITECTURAL FEATURES
BUILDING BASES
The building base is the lowest portion of the building where it touches the ground.
1. Elements or materials that are visually heavier, including stone or masonry, should be incorporated at the base of buildings.
2. Building bases should be of adequate size and scale to ensure buildings appear visually grounded
BUILDING FACADES
A facade is typically the front of a building, but is also considered any side or exterior wall of the building that faces a public way or space.
3. Building facades should be interesting, varied, and create an attractive and vibrant streetscape.
4. Incorporate horizontal and/or vertical articulations in wall planes of no less than 1 inch, such as ledges, trim, joint lines, canopies, or changes in material, to provide variation in facades.
5. In the Downtown area where buildings are directly adjacent to each other, buildings should continue the pattern of the lines from neighboring buildings to unify facades on a street block.
6. A corporate image, as in the case of many national franchised stores, should be secondary in the design of projects. Branded buildings are discouraged as they are difficult to reuse if vacated by the primary business.
Stone, heavier materials, and darker
colors help to visually anchor the building
while conveying permanence and
durability
Scale of the building base matches the
pedestrian space adjacent to it
Site walls make use of stone veneer,
matching building for consistency
Building lacks a well-defined base, and
instead features flat walls with large
expanses of the same color
B ARCHITECTURAL
FEATURES
Rite Aid, Paradise, California
Feather River Health Center, Paradise, California
Allentown, Pennsylvania
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SCALE
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FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
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2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-B: ARCHITECTURAL FEATURES (CONT.)
7. Projects with multiple buildings should incorporate a design theme throughout to ensure consistency between neighboring buildings.
8. Building entries should be clearly delineated through the use of recesses, additional detailing, overhangs, lighting and change of volume and form. The greater the functional use of the entrance, the more it should be distinguished from the balance of the building.
9. Bulkheads below the base of a storefront window or adjacent to a storefront door should be used to provide protection to the storefront by raising the glass area to a safer and more easily viewed height. To achieve this protective function, bulkhead materials should be resistant to water, dirt, and impact (e.g. ceramic tile, finished stone, brick). Bulkheads in multiple storefront buildings should be complementary in height and material.
CORPORATE IDENTITY:
10. The design character shall not be a standard franchise prototype and shall incorporate dominant characteristics that are unique to Paradise.
DETAILS
11. Facades at the ground level of buildings should use details to reinforce pedestrian scale elements. Examples include, but are not limited to, architectural canopies over entrances, decorative lintels above windows, and stone or masonry caps or banding.
12. Vary wall surfaces to create relief and shadow lines.
Varied facades create an interesting and
vibrant streetscape
Some facades lack sufficient detail
Lack of continuity between buildings
creates non-cohesive aesthetic
Line of neighboring buildings continue for
a unified facade on the street block
Building articulation and details create
shadows, line surfaces, and visual interest
Stone base not extended on all visible
sides of building
B ARCHITECTURAL
FEATURES
Jackson, Wyoming
Truckee, California
Longmont, Colorado
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13 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-B: ARCHITECTURAL FEATURES (CONT.)
13. All visible sides of buildings should be designed with a complementary level of detail, quality of materials, and continuity of color. Building designs should not incorporate blank wall segments when visible from public spaces. Parapets on commercial buildings should be extended to all visible walls to ensure continuity.
14. Permanent security bars or grilles on publicly visible windows should not be used.
15. All rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right of way. Equipment shall be located behind parapet walls and/or additional rooftop screens.
16. All ground-level mechanical equipment shall be screened to the height of the unit as viewed from the property line. Walls, opaque fences, and landscape material which relate to the overall building design are appropriate methods for screening groundlevel mechanical equipment.
17. Visible satellite dishes or satellite dish accessories should be placed out of public view.
LIGHTING
18. In addition to site lighting, architectural lighting integrated with the building should be used to promote safety, security, and to enhance the architectural character of the building.
19. Light fixtures should be consistent with the architectural style of the building, and should compliment other building elements in color, material, or style to help unify the building design. Historic fixtures should be used when appropriate.
Decorative light fixtures compliment
architectural style of building. Black metal
finish consistent with other materials
including black metal structural hardware
above.
B ARCHITECTURAL
FEATURES
Rite Aid, Paradise, California
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LIGHTING (CONT.)
20. Lighting should comply with the requirements of the California Energy Code for backlight, uplight, glare, and other code requirements.
21. Storefront lighting should be designed to illuminate the sidewalk in front of the store in the evening. Shop windows shall be well lit. Fixed overhead spotlights, recessed incandescent ceiling fixtures, track lights or other concealed fixtures are recommended. Building entrances should be accentuated by brighter lighting.
The building street number should be illuminated by the entry lighting.
ENERGY EFFICIENCY:
22. Lighter-colored finishes should be used on the exterior of buildings to help reflect heat in the summer months.
Minimize west and south-westerly facing windows due to intense afternoon sun conditions. Properly proportion overhangs on south windows, and sun screening on south and west windows. Accommodate daylighting of multistory office buildings by making one plan dimension (preferably the east or west dimensions) of the building small enough to maximize the number of people working near windows.
SIGNAGE:
23. Refer to Sign Design, Section 3.D for sign locations on a building.
B ARCHITECTURAL
FEATURES
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E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-C: CANOPIES AND AWNINGS
1. Provide building overhangs, canopies, or awnings which articulate the building facade and provide protection from inclement weather.
2. Architectural canopies and awnings should support the building design. Colors and materials of the canopies or awning should complement the material and colors of the building.
3. Awnings should be well maintained, washed regularly, and replaced when faded or torn.
4. Fabric awnings should make use of woven fabric (not vinyl), suitable for use in exterior applications, and resistant to fading or tearing.
5. Canopies made of metal or other materials may be appropriate on some buildings if they are compatible with building codes and are also compatible in scale and overall design.
6. Canopies and awnings should be mounted in locations that respect the design of a building, including the arrangement of bays and openings on all floors. The design of canopies/awnings should respond to the scale, proportion, and rhythm created by these elements, and should reinforce pedestrian scale details.
They should also emphasize building entrances where applicable.
Awnings provide visual contrast and help
integrate windows into building facade
Building base stone helps visually ground
building, and signifies entrance
Vertical pilasters lack detail and
articulation
Canopies are integrated into building, and
provide protective cover for entrance and
outdoor product display
Taller canopy identifies building entrance
C CANOPIES AND
AWNINGS Tiffin, Ohio
Bozeman, Montana
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2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-C: CANOPIES AND AWNINGS (CONT.)
7. The minimum height of canopies/awnings should be 8 feet (measured from bottom of the awning/canopy to the sidewalk).
8. Covered porches should not extend outwardly from the building more than 8 feet. Canopies should not extend outwardly from the building more than 6 feet.
9. The highest point of a first-floor awning should not exceed the midpoint of space created between the second story windowsill (or parapet for a single story building) and the top of the first floor storefront window.
10. When several businesses occupy one building utilizing canopies/ awnings, the canopies/awnings should make use of consistent color, material, and form.
Canopies, changes in material, and
variation of facade depth provide shadow
lines and definition to an otherwise boxy
building
C CANOPIES AND
AWNINGS Bozeman, Montana
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E BUILDING
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SCALE
B ARCHITECTURAL
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C CANOPIES AND
AWNINGS
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WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-D: VISIBILITY / WINDOWS
WINDOWS
1. Windows are an important architectural element of facade design because they create a visual rhythm of building openings, as well as provide views into the interior. Display windows add ‘warmth’ to the street and enliven the pedestrian experience.
2. Windows and doors should be designed in an orderly arrangement to provide articulation and scale to facades of buildings.
Incorporate windows into all applicable facades and coordinate their placement and design with other architectural elements.
3. Integrate windows and doors into building walls by using detailing such as trim, lintels, ledges, canopies, or other details integrated into the building design.
4. Where transom windows exist, every effort should be made to retain this storefront feature.
5. The first floor of a commercial building in the downtown area that is fronting or siding on a street shall have a minimum of 30% of its length in windows. There should be no lengths of facade walls in excess of 40 feet without windows.
6. Corner buildings shall incorporate display windows in blank walls over 20 feet long.
7. Display windows in existing buildings that have been covered-up should be converted back into windows where feasible.
Windows can be integrated into a
building facade using a variety of
techniques including trim, lintels, ledges,
canopies, or other detail work
Large windows provide visibility into and
out of the business
Lack of detail around perimeter of
window, and absence of building base
element presents windows as punched
openings
D VISIBILITY/
WINDOWS
Coachella, California
Los Angeles, California
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B ARCHITECTURAL
FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
ENTRANCES
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-D: VISIBILITY/WINDOWS (CONT.)
8. Every building entry, including entries to individual shops, shall be lighted. Lighted entries increase safety for walking, and decreases possibilities of crime. Entry lights should be controlled by a photocell switch. Window displays of merchandise, night time lighting of display windows, or animated window displays are strongly encouraged to attract pedestrians and increase security. Merchandise behind display windows should face the sidewalk.
9. Taverns, bars, or private offices in storefronts located within the Downtown area may use blinds or cafe curtains for privacy if consistent with the building’s design.
10. Permanent, fixed security grates or grilles over windows should not be used.
11. Air conditioning units placed in windows are not permitted in publicly visible portions of the building.
12. Replacing existing windows and doors with incompatible materials such as anodized aluminum, and tinted or reflective glass is not permitted.
D VISIBILITY/
WINDOWS
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B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
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WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-E: BUILDING ENTRANCES
1. Provide clearly defined site and building entrances that are scaled appropriately to the area and that relate directly to the street frontage(s).
2. Entrances should be clearly delineated through the use of recesses, additional detailing, overhangs, lighting and change of volume and form. The greater the functional use of the entrance, the more it should be distinguished from the balance of the building.
3. Secondary entrances (such as small retail shops on the ground floor of a larger office building) should be architecturally treated as subordinate to the primary entrance (such as the entrance to all the residential or office uses on the upper floors). Doors that are not regularly used, such as utility access doors, should not be accentuated, and should be integrated into the design surrounding them.
4. Entrances should include protected areas covered by a recess, canopy, overhang, or marquee to provide protection from the rain.
5. Entrances to commercial or retail buildings should have large glass storefronts where appropriate. Full lite doors are encouraged because they extend the openness and transparency of the storefront.
Signage, lighting, and building base
materials can effectively identify building
entrances
Appropriately scaled tower elements and
architectural detailing can be used to
identify building entrances
E BUILDING
ENTRANCES
Paradise, California
Paradise, California
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F MATERIALS AND
COLORS
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AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
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EXISTING BUILDINGS
6. Existing doors in historical or existing buildings should be re-used where feasible. New doors provided in existing buildings should match or compliment the architectural style of the existing building
REAR ENTRANCES
7. Rear entrances are encouraged where feasible for Downtown businesses to improve pedestrian access.
8. Rear entrances must respond to the same needs as the primary entrances, only at a reduced scale. These include identification signage, windows, and lighting.
9. The design of a rear entrance should be appropriate to its surroundings. The visual character of rear facades, alleys, and parking lots is a relatively casual and utilitarian one, especially when compared to formal facades.
10. Rear entrances should incorporate architectural elements from the front facade for consistency.
11. Signs should be appropriately scaled to match the size and scale of rear entrances.
12. Refuse containers should be screened from public view or integrated within the building’s architecture (consult with trash removal company prior to finalizing actual location).
13. Service equipment, utilities, and mechanical equipment should be screened from view and integrated into the building’s architecture to the greatest extent possible.
Secondary and primary entrances should
share consistent detailing and materials,
with forms scaled appropriately to
indicate their primary and secondary
nature
E BUILDING
ENTRANCES
Paradise, California
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E BUILDING
ENTRANCES
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B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-F: MATERIALS AND COLORS
1. Complimentary materials should be used that result in a cohesive building design. In general, variations in colors and materials are encouraged. Care should be taken, however, not to use too many materials that may result in visual clutter. If only one material is used, then articulation and detail should be used.
2. Integrate at least one material change, color variation, or horizontal reveal for every 12 vertical feet of building facade. Vertical spacing may be averaged over the height of the facade.
3. Integrate at least one material change, color variation, or vertical reveal every 50 horizontal feet of building facade. Horizontal spacing may be averaged over the length of the facade.
4. Use materials and finishes that are compatible in quality, color, texture, finish, and dimension to surrounding properties.
5. If imitation materials are used, the detailing, coloring, and visual appearance should be consistent with the material they are imitating.
6. Non-durable materials and finishes that are susceptible to weathering, wear and tear, and sun-damage or fading should be avoided. Materials should be selected, detailed, and finished for durability in Paradise’s climate. Painted wood surfaces facing south should be properly prepared for painting and have opaque high quality paints or sealants applied in multiple coats.
7. Buildings with multiple public-visible facades should us consistent material combinations, detailing, and material quality throughout all facades visible to the public.
8. Provide detailing at material transitions or terminations to reinforce the natural appearance of the material.
For example, stone or masonry should be wrapped around visible corners to provide the appearance of mass instead of a thin veneer.
9. Materials or finishes with subtle, neutral, or natural tones should be integrated with accent materials or details.
10. Materials or finishes that are intensely saturated or fluorescent are not permitted to be used as a primary materials, although they may be appropriate as accent materials.
11. Materials or finishes that are highly reflective, such as certain metals or reflective glazing, should not be used where they present a public nuisance or safety hazard.
12. Corporate image should be secondary in the design of projects, as branded buildings are difficult to reuse if vacated by the primary business.
13. Refer to the Appendix.
F MATERIALS AND
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23 SITE DESIGN:
INGRESS/EGRESS
PARKING CIRCULATION
PEDESTRIAN CIRCULATION
CREATING PLACES
PAVING/HARDSCAPE
LOCATION OF STRUCTURES
LANDSCAPING/IRRIGATION
FENCES AND WALLS
SITE FURNISHINGS
SITE LIGHTING
SERVICE, UTILITY, AND WASTEWATER TREATMENT AREAS
ENERGY EFFICIENCY
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A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-A: INGRESS/EGRESS
VEHICLE ACCESS:
1. Major access points to sites should be coordinated whenever possible. Separated ingress and egress points with landscaped islands should be provided.
2. Shared access drives between adjacent parcels of similar use should be utilized to minimize the number of curb cuts to the street. Reciprocal access and parking agreements, between compatible adjacent land uses, for pedestrians and vehicles are strongly encouraged.
3. Line of Sight: Sight distance for driveways should be protected with the use of visibility triangles on each side of the driveway to allow a passing motorist to view a car exiting a driveway. In this area, structures, fences, walls signs, plant materials and etc. with the exception of street trees should not exceed 2.5 feet in height above the street grade. Clear sight triangles will vary based on roadway speeds and other criteria. Refer to AASHTO (American Association of State Highway and Transportation Officials): A Policy on Geometric Design of Highways and Streets, Current Edition and the Town Engineer for additional requirements.
4. Signs should not be placed in areas that constitutes a safety hazard to vehicle access especially to emergency vehicular access.
5. Design must conform with Paradise Municipal Code: Chapter 8.58 (Defensible Space and Hazardous Fuel Management).
AREA CLEAR OF
OBSTRUCTIONS
AREA CLEAR OF
OBSTRUCTIONS
DISTANCE VARIES’ DISTANCE VARIES’ DISTANCE VARIES’
Coordination of major access
points, alerts vehicles upon entry
point
Entry monument creates a
possible site triangle conflict for
users
Old Town Temecula, California
Egress and ingress point is
divided by landscape island
Landscape materials help
prevent glare/reflection from
opposing vehicles
Edmond, Oklahoma
Graphic provides an example of
site triangles and it does not cause
obstructions to view for users
Site Triangle, Mark Thomas
A INGRESS/EGRESS
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A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
26 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX Considers a clear and uniform traffic pattern
through the lot
Considers parking for multiple businesses within
the Downtown area
Does not provide adequate tree shading
Considers clear pedestrian paths
Adjacent to property, enhances the security and efficiency for user
Provides adequate tree shading
The Transcript Avenue Lot, Lexington, Kentucky Chapel Hill, North Carolina 2-B: PARKING CIRCULATION
Locations of parking lots, services and utilities should be carefully evaluated in terms of visual prominence as well as functional requirements.
• Refer to Paradise Municipal Code Chapter 17.38 (Off-Street Parking and Loading Regulations) for specific parking lot requirements. Design must conform with Paradise Municipal Code: Chapter 8.58 (Defensible Space and Hazardous Fuel Management)
ACCESS:
1. Vehicle access should be carefully considered for a clear and uniform traffic pattern through the lot.
2. Parking lots should include clear pedestrian paths to enhance pedestrian access and safety.
3. Crosswalks across vehicular lanes should be clearly delineated to promote pedestrian flow between parking areas and building entrances
COMBINING PARKING:
4. Where parking lots are located adjacent to alleys on abutting properties they should, to the extent feasible, be designed as a single lot to increase security and efficiency.
5. If this joint use is infeasible and fencing is required, fences between properties should be as low as possible to allow for surveillance between properties.
B PARKING
CIRCULATION
219
27 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-B: PARKING CIRCULATION (CONT.)
LANDSCAPING:
6. Parking lot perimeters that have street frontage should provide an aesthetically pleasing visual buffer and follow the same general guidelines as proposed for the rest of the downtown area.
7. Plants should be chosen that are easily maintained, resilient to excess pedestrian traffic, and tolerant of excessive heat gain from asphalt parking areas. Consideration should be given to native plants.
8. Parking lot landscaping shall not prevent a clear view for emergency services such as the fire and police department.
9. Plant heights within parking lot islands and perimeter buffers should not exceed 30 inches in height, and should be evergreen in nature.
10. Accent color is encouraged. Deciduous trees should be selected to provide a minimum of 50% shade coverage of total parking area, not including drive aisles, at maturity. Planter islands in parking lots shall be a minimum of 6’ x 6’. Refer to the Planting Palette.
LOCATIONS:
11. Refer to Paradise Municipal Code Chapter 17.38 (Off-Street Parking and Loading Regulations) for parking lot location. Parking that does front on streets should be screened with an attractive wall, fence or bushes that are a minimum of 30 inches high and a maximum of 48 inches high, and in a planter with a minimum width of 5 feet.
Considers drought tolerant plants
Clear view of emergency vehicles
Does not provide adequate tree
shading
Provides a pleasing visual buffer
Plant palette considers easy
maintenance landscaping
Does not take up the lot’s street
frontage
Planter space to provide screening
Planting palette does not provide
adequate screening
Portland, Oregon Little Bay Park, Whitestone, New York Duluth, Minnesota
B PARKING
CIRCULATION
220
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
28 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX Provides adequate shade
Allows for circulations paths,
enhances safety and comfort
Shelter design does not
complement the aesthetic of the
Town
Walkable space
Natural tree shading
Too dense of tree planting, can cause a
fire hazard
Shelter design complements the
aesthetic of the Town
Provides seating for users
Does not provide adequate
shade
Sonoran Shelter, Marana, Arizona Phoenix, Arizona Seaside, California 2-C: PEDESTRIAN CIRCULATION
Where commercial and residential structures adjoin public areas, and along internal circulation paths of the downtown area, provide pedestrians with the greatest possible sense of safety, comfort, aesthetic pleasure, and connection to building activities at edges.
PEDESTRIAN SHELTER:
1. Provide shade from the summer sun (and protection from the rain, when possible) with street trees,trellises, awnings and other devices along street frontages and paths internal to the project, especially on the south side of buildings.
AESTHETIC QUALITY:
2. The highest detail and material quality for projects should be placed where pedestrians have the greatest and closest contact with the project.
C PEDESTRIAN
CIRCULATION
221
29 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-C: PEDESTRIAN CIRCULATION (CONT.)
SEMI-PRIVATE SPACES ON STREET:
3. Porches, patios, balconies, and courtyards that allow residents of mixed use projects or other users to actually and symbolically claim the space; should be placed along pedestrian paths wherever possible. This will provide clarity about who has the right to control a space, and thus a greater sense of security for the user and an increased potential for social connections.
OUTDOOR DINING SPACES ON STREET:
4. Existing porches, patios, balconies, courtyards, etc. shall be use to provide spaces for outdoor dining on the street.
5. If necessary and acceptable by the Town, parking spaces may be use to accommodate outdoor dining.
6. Outdoor dining spaces shall not encroach into the public right of way.
7. Outdoor dining spaces shall not be place in areas where it can create a safety hazard to vehicular and pedestrian access, especially to emergency services like the fire and police department.
8. Design must conform with Paradise Municipal Code: Chapter 8.58 (Defensible Space and Hazardous Fuel Management).
Clear pedestrian path
Outdoor dining spaces shall not
encroach into the public right
of way
Existing spaces used to provide
spaces for outdoor dining
Encourages social connections
Does not provide a clarity who
has the right to control the space
Provides a clarity who has the right
to control the space
Usage of landscaping as a screening
Sacramento, California Massillion, Ohio Penetanguishene, Ontario, Canada
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
222
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
30 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-D:CREATING PLACES
Create spaces that are clearly defined to satisfy gathering and privacy needs of people at various scales. Each scale should be appropriate to the role of the space in the community.
PUBLIC AND SEMIPUBLIC OPEN SPACE :
1. Design common open spaces to support the ability to create special places in the project. (Examples: Parks, plazas, and other shared open spaces.)
2. Designers should not design isolated spaces that may encourage homeless encampments.
VISIBLE OPEN SPACE:
3. Courtyards and other common open space, internal to buildings or groups of buildings, should be as visible as possible to and from the street, and provide a “transition” between the street and private areas near the building or courtyard.
Courtyard common space
Provides a transition
Design might encourage transients
Common open space
Ability to create special places in project
Visible open space
Brooklyn, New York Greenwood, Indiana
D CREATING PLACES
223
31 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX Slip resistance surface
High quality material
Complements the Town’s aesthetic
Creates banding that enhances the space
Encourages interesting paving
patterns, provides individuality
Ardmore, Pennsylvania Angola, Indiana Kennedy St., Washington D.C. 2-E: PAVING/HARDSCAPE
FITTING INTO THE DOWNTOWN:
1. Hardscape design should reflect the inherent character of the Downtown area with formal patterns and layout.
PAVEMENT TREATMENTS:
2. Support the project design concept with paving and hardscape materials selected to best complement materials, textures, and color of proposed structures, and to enhance the proposed landscaping.
QUALITY OF DESIGN:
3. Interesting paving patterns are encouraged. The uniqueness of a well designed hard surface can enhance the overall project design. Front entries to businesses can represent the individuality of the occupants with differing hardscape treatments.
E PAVING/
HARDSCAPE
224
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
32 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-E: PAVING/HARDSCAPE (CONT.)
MATERIALS:
4. High quality building materials are recommended. The use of complementary paving materials to create banding and/or borders can greatly enhance the richness of a paving surface without adding extraordinary project costs.
SAFETY:
5. All paving and hardscape surfaces shall provide the proper slip resistance to prevent potential injuries. Property owners and designers should check the Paradise Municipal Code and with Town building officials for current codes concerning this issue.
E PAVING/
HARDSCAPE
225
33 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-F: LOCATION OF STRUCTURES
Structures can create usable outdoor places and continuity of desirable characteristics of adjoining structures along the street face. Locate buildings on the site to complement the natural topography. • Refer to Paradise Municipal Code, Design must conform with Paradise Municipal Code: Title 8 (Health and Safety)
PLACE OF TRANSITIONS:
1. Fences, bushes, changes, portals, porches, and doors which face the street should be used to provide transition between varying levels of public accessibility and privacy. They should delineate the use and ownership of public, semipublic, and private spaces, but should not be visual barriers.
COMMON FACILITIES:
2. The inclusion of common facilities that respond to the anticipated needs of the users is encouraged. Under most circumstances, these common facilities should be located to provide a bridge between the downtown, the greater redevelopment project area, and the community defined by the project, e.g., a public seating area at major entrances to the project.
Provides a transitional space
Encourages public access
Old Sacramento, California
F LOCATION OF
STRUCTURES
226
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
34 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX Landscape design enhances a
balanced environment
Incorporates variety of planting
Encourages colorful planting
Design focuses on specific users, storefronts
Encourages vine planting, add
a beauty component while
screening the wall
2-G: LANDSCAPING/IRRIGATION
PLANT SELECTION:
1. The landscape design should balance the needs of the natural environment and its human inhabitants. Each site should be analyzed to determine the specific functional and spatial requirements.
2. Select plants and trees appropriate to the Paradise area that blend with and complement the surrounding neighborhoods, and that are sized appropriately for maximum healthy growth within the planting area. A recommended Plant Palette can be found in Appendix.
3. Incorporate appropriate landscaping that includes a variety of trees,shrubs and other plantings.
4. On-center spacing should not follow a specified formula but should provide for a visually uniform canopy that creates minimum obstruction of signage, street lighting, and building entries.
5. Colorful ground plantings at intersections are encouraged.
6. Ground cover planting, with the exception of turf, are encouraged within parkway strips and commercial frontages.
7. Refer to Paradise Municipal Code Chapter 8.58.060 (Defensible Space/Hazardous Fuel Management Requirements) for five (5) feet non-combustible perimeter.
Minneapolis, Minnesota Pennsauken, New Jersey Carlsbad, California
G LANDSCAPING/
IRRIGATION
227
35 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-G: LANDSCAPING/IRRIGATION (CONT.)
DIVIDERS:
8. Planted areas in parking lots and driveway entrances should be large enough to function as a physical divider, provide an aesthetic landscape area, and be easily maintained.
9. Plants should not intrude ingress/egress areas and vehicular access.
MECHANICAL IRRIGATION VS HAND WATERING:
10. The plant material lives a healthier life cycle with consistent supplemental watering. An automatic, underground, irrigation system is required to promote and/or protect the landscape investment that is installed with new projects.
DRIP IRRIGATION:
11. Drip irrigation is the most efficient means to deliver supplemental water to plant material, but it requires more attention and maintenance than a conventional spray system. Drip irrigation is recommended for water conservation and reduction of water runoff, but if proper maintenance can not be provided, a conventional spray system is preferable.
12. Irrigation design shall meet MWELO (Model Water Efficient Landscape Ordinance) Requirements.
Drip Irrigation System, Netafim
G LANDSCAPING/
IRRIGATION
228
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
36 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-G: LANDSCAPING/IRRIGATION (CONT.)
SPRINKLER:
13. All sprinkler heads (when used) adjacent to walks, curbs, or any pedestrian way should be pop-up varieties.
Adjust all sprinkler heads to provide even coverage and to avoid overthrow onto walks, walls, and windows.
Install anti-drain valves to prevent line drainage and soil erosion. Irrigation heads within turf grass areas should provide head-to-head coverage. Turf grass planting should be irrigated separately from shrub/groundcover areas. Trees should be deep irrigated with bubblers.
14. When installing overhead sprays near impervious paving, irrigation shall have a 24” minimum setback.
WATER CONSERVATION:
15. Select trees and plants that reflect the climate of Paradise and minimize water consumption. Refer to the Planting Palette.
Sprinkler System, Rainbird
G LANDSCAPING/
IRRIGATION
229
37 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-H: FENCES/WALLS
DETAILING AND MATERIALS:
1. Detailing and materials of walls and fences shall reflect the style and character of the building and its site.
Walls should be painted to match or complement the surrounding architecture. Brick and natural stone should not be painted.
2. Chain-link fences, plywood, barbed wire, and concertina (razor) wire fences are not permitted in public views in the Downtown Revitalization Master Plan Area.
3. For fencing material within five (5) feet from any structure, see Paradise Municipal Code Chapter 8.58 (Defensible Space and Hazardous Fuel Management).
SCREENING:
4. Fences/Walls should be screened with upright shrubs or trellised vines as needed. Aesthetic complementary shall be considered. The design shall comply with Paradise Municipal Code Chapter 8.58 (Defensible Space and Hazardous Fuel Management). A combination of fencing and landscaping shall screen public views of the following:
- Parking lots
- Trash disposal areas
- Service and loading/unloading areas
Wall style complements the
Town’s aesthetic Provides adequate screening
Combination of fencing and
landscaping
Hayward, California Brooklyn Park, Minnesota Marshfield, Massachusetts Encourages property boundary
Provides privacy and security
Aesthetically appeasing
Wood material “Flammable”
H FENCES/WALLS
- Equipment on the roof, side of building, or ground
- Wastewater treatment equipment
230
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
38 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX ADA accessible and dog-friendly All weather and non-combustion is tied in with the Architecture
Inaccessible for all users
Neutral Colors, See Appendix for
color suggestions
ADA Accessible
2-I: SITE FURNISHINGS
Utilize site and street furniture of a design, material, and color that best complements the proposed structure and landscaping concept.
DESIGN:
1. The proposed furnishing should be of a quality consistent with the surrounding neighborhood. Furniture, such as benches, chairs, tables, and drinking fountains, should be simple in character and compatible with the style, color, and scale of adjacent buildings and outdoor spaces.
DRINKING FOUNTAINS:
2. The inclusion of drinking fountains within outdoor spaces, adjacent to businesses, transit stops and multifamily residential buildings, is encouraged.
BENCHES:
3. Benches should be placed in an area where it is easily accessible and made of all-weather materials. Metals should have a non-corrosive finish. The style should work with the architecture of the business and maintained by the same business.
Outdoor Fountain, Elkay Commercial Park Bench, BYO Recreation Contemporary Table, Victor Stanley (Maryland)
I SITE FURNISHINGS
231
39 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-I: SITE FURNISHINGS (CONT.)
TABLES:
4. Benches should be placed in an area where it is easily accessible and made of all-weather materials. Metals shall have a non-corrosive finish. A shade canopy is highly recommended for seasonal weather.
TRASH RECEPTACLES:
5. Trash receptacles should be placed in an area where it is easily accessible and made of all-weather materials.
Metals should have a non-corrosive finish. The style should work with the architecture of the business and maintained by the same business.
PLANTERS:
6. Raised planters are acceptable and should be fabricated with durable all-weather materials. Pots should not drain onto sidewalks and are encourage to have plant materials suggested in the Appendix.
Maintained and provided for
outdoor seating areas
Meets Town code
Aesthetically appealing
Accessible
Well maintained and accessible
Impeding pedestrian movement
Trash Receptacle, Victor Stanley (Maryland) Bike Racks, Reliance Foundry San Francisco, California
I SITE FURNISHINGS
232
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
40 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-I: SITE FURNISHINGS (CONT.)
BIKE RACKS:
7. Bike racks should be placed in an area where it is easily accessible and made of all-weather materials. Metals shall have a non-corrosive finish. Bike racks should meet CalGreen (California Green Building Standards Code 2019) Standards and not be located in area to hinder pedestrian movement.
BIKE STORAGE:
8. Bike storage should be placed in an area where it is easily accessible and made of all-weather materials. Metals shall have a non-corrosive finish. Bike storage should meet CalGreen (California Green Building Standards Code 2019) Standards and not be located in area to hinder pedestrian movement.
J SITE LIGHTING
233
41 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-J: SITE LIGHTING
Site lighting shall have a scale, design, and color that best complements the character and design of the adjacent structure. Lighting should be visible from the exterior of a building and the project’s boundaries should be limited to that necessary for security, safety, and identification. It should also be screened from adjacent areas and not be directed in an upward manner or beyond the boundaries of the parcel on which the building is located.
PATH:
1. Paths through covered or open courtyards should be illuminated.
LOCATION AND DESIGN:
2. Lighting should be accomplished in a manner that does not create glare for pedestrians, drivers, or adjacent properties. If light fixtures are visible, they should have a low enough intensity or have adequate diffusing lenses to minimize their brightness. The emphasis should be on lighting landscape , pedestrian spaces, or building surface. Lighting style shall be compatible with the street theme. Refer to the Paradise Municipal Code for parking lot height and location requirements.
Light fixture complements the
Town’s aesthetic, providing a
“traditional” look
Type of lighting does not cause
glare for users
Light fixture encourages individuality of
design Light fixture complements the
Town’s aesthetic
Illuminates paths for user
New York City, New York Erwin, Tennessee Commercial Lighting, Sternberg Lighting, Illinois
J SITE LIGHTING
234
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
42 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-J: SITE LIGHTING (CONT.).
UNDER CANOPY AND ENTRY LIGHTING:
3. Under canopy and entry lighting shall be placed to illuminate the pedestrian walkway which may be shaded from streetlights. These fixtures may be recessed down lights or pendant fixtures set in the soffit or other wall mounted shaded fixtures.
PARKING LOTS:
4. Parking lots must provide adequate lighting for safety. Lighting should complement the building lighting fixtures. Refer to Building Design, Section 1.B. for lighting on building facades.
Provides adequate entry lighting
on the exterior of the building
Lighting does not extend beyond
awning to provide lighting under
canopy
Light fixture complements the
Town’s aesthetic
Illuminates paths for user
New York City, New York New Prague, Minnesota
J SITE LIGHTING
235
43 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-K: SERVICE, UTILITY, AND WASTEWATER TREATMENT AREAS
TRASH AND RECYCLING ENCLOSURE DESIGN:
1. Prior to the design of a trash enclosure it is recommended that the applicant consult with the trash hauler company providing refuse collection services to the property. The enclosure shall be integrated with the building through the use of compatible materials and detailing; for example, if the building is brick, then the enclosure shall be brick to match. In addition, landscape screening is desirable. - Masonry is the most appropriate material for trash enclosures because of its extreme durability. The exterior shall be designed to be compatible with the building design. - If the exterior of the building is primarily wood siding a wood enclosure may be approved provided the following guidelines are met:
- The walls are constructed, at a minimum of 2x4’s at 16” on center. - The walls shall sit on 6” high concrete curb which shall extend into the interior of the enclosure,serving as a wheel stop to prevent the trash bin from coming in contact with the walls. - The exterior shall be sided with the same material as the building. - The interior shall be sheathed in 3/4” plywood and painted to provide a washable surface. - Wood fencing, chain link fencing and chain link with redwood slats are not acceptable trash enclosure materials. Exposed concrete block may not be acceptable unless adequately detailed and screened.
Enclosure is aesthetically pleasing
Compatible materials
Landscape screening
Napa, California Escondido, California
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
236
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
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2. They may also stand apart from the building. In these cases the enclosure shall be constructed of substantial, durable materials that are compatible with the building finishes, as noted below, and shall be screened with landscaping in a planter which shall be along the entire trash enclosure wall perimeter.
MECHANICAL, ELECTRICAL SERVICES AND SITE EQUIPMENT:
3. New surface mounted exposed conduit or electrical lines are not acceptable. Electrical switch gear, meters, etc., which are visible to the public must be screened or housed in an enclosure that is compatible in design to the structure.
- Site equipment such as vapor recovery units, transformers, gas and electric meters, irrigation controls, fire department connections, sprinkler risers, etc., must be screened from view at both the front and rear of buildings by landscaping and/or approved enclosures while still providing service and maintenance access.
ROOF MOUNTED EQUIPMENT:
4. Roof mounted equipment must be thoughtfully located. Air conditioners, fans, vents, antennae, and other roof top equipment must be set back from the roof edge sufficiently to be out of the line of sight of a pedestrian on the opposite side of the street, or this equipment must be screened from view. Screening materials should be substantial, durable materials, compatible with the design and materials of the building. Refer to Building Design for specifications.
WASTEWATER TREATMENT FACILITIES:
5. Wastewater treatment equipment must be secured behind an approved fence system and obscured from site by landscaping. Facilities that are located within the public view will have more site-obscuring landscaping required.
K SERVICE/UTILITY/
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A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-L: ENERGY EFFICIENCY
Incorporate practical energy efficient strategies in the project design. Refer to the current California Green Building Code located online at, https://codes.iccsafe.org/content/CAGBSC2019/cover. The following list of the most practical energy efficiency strategies for building design apply to both residential and commercial uses, unless stated otherwise. Strategies should be integrated into the design of the building and not “tacked on.” SITE DESIGN ELEMENTS:
1. Deciduous trees should be a part of the landscape improvements, especially those that are positioned to shade windows, the building, air conditioning units, and paved areas, including the street. South and west facing sides of the building that are shaded with deciduous trees will save the most energy.
EQUIPMENT ELEMENTS:
2. Include well insulated envelopes that minimize conductive and convective heat transfer through walls, ceilings, elevated floors and window systems. Consider night ventilation, economizer cycles, direct and indirect evaporative cooling, and other efficient heating and cooling strategies. Consider passively cooled thermal mass in residential construction, solar water heaters integrated with the forms of buildings, efficient electric lighting systems, electric vehicle charging stations in new parking lots, elements that reduce water consumption (low flow fixtures, recycled grey water, etc.), and appropriate solar design including allowance for future distributed generation systems such as photovoltaics and fuel cells.
UTILITY CONSULTATION:
3. Early consultation with utilities on energy efficiency for medium and large-sized projects is strongly encouraged.
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CIRCULATION
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CIRCULATION
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HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
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SITE LIGHTING:
4. Should be design to include cut-offs to minimize the negative effects of lighting of the sky.
SOLAR ACCESS - ADJACENT PROPERTY:
5. To protect solar options on adjacent properties, projects should be designed to respect solar access on adjacent properties. Refer to Building Design for specifications.
SOLAR ACCESS - ROOF AREA:
6. To allow for future solar options, projects should be designed to provide a south-facing roof area equivalent to 20% of the building floor area with unobstructed solar access. Refer to Building Design for specifications.
Promotes energy efficiency, car
charging station Light-colored finishes to help keep the building cool Promotes energy efficiency Renton, Washington South Carolina Solar Panel, Carolina Solar
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47 SIGNS:
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SIZE, COLOR, AND FONT
QUALITY AND MATERIALS
LOCATION ON BUILDING
ARCHITECTURE COMPATIBILITY & CORPORATE IDENTITY
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A SIGN DESIGN
CONSIDERATION
B SIGN SIZE, COLOR,
AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-A: SIGN DESIGN CONSIDERATION
Signs are essential to any business. They are not only the most affordable means of advertising for many businesses, but also the first impression that the public gleans about your business. Well-designed and optimally visible signs are invaluable to a business, whereas ill-designed and incompatible signs detract from a business and can result in reduced patronage.
Signs are one of the most noticeable elements along Paradise’s commercial streets and play a major role in creating a visual image for the Town. Well-designed signs add to the Town’s attractiveness whereas signage that is poorly designed, constructed from low quality materials, or does not match the scale or style of the adjacent buildings reflects negatively on the streetscape and may negatively impact viewers’ perceptions of local businesses and the broader community. Because of these factors, the Town encourages well designed signage using high quality materials and a clearly communicated message.
It is in the interest of the Town, its residents, and local businesses that clear standards for sign design, materials, and placement are established to contribute to the expression of local character and the development of a distinctive Town image. The town-wide Design Standards are intended to assist property owners and business owners in understanding Town expectations, and to enhance the physical appearance of the Town.
Refer to the Paradise Municipal Code, Chapter 17.37 regarding current sign regulations.
DOWNTOWN SIGNS:
1. Downtown signs should primarily be oriented to pedestrians. The pedestrian-oriented sign is usually read from a distance of fifteen to twenty feet.
2. Signs within the Downtown area shall be compatible with the existing architecture and lawful conforming signage in the vicinity (± 300 feet) of the signs. The size and shape of a sign shall be proportionate with the scale and the architecture of the building and/or structure.
3. Signs shall contribute to the general appearance of the street and the character of the neighborhood in which they are located.
4. Wall signs shall be placed to establish facade design continuity, scale and proportion.
5. As an alternative to an attached sign, lettering may be painted directly on the building facade.
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ENCOURAGED SIGNS:
6. Blade, or hanging signs that are pedestrian-oriented.
7. Flush-mounted wall signs with backlighting at the upper portion of the first story.
8. Matte or non-glossy backgrounds as glare and shine can contribute to illegibility.
9. Prefer ivory or off-white backgrounds. Bright, stark white backgrounds contribute to illegible signs.
10. Illuminated signs where the panel is dark, the lettering is light and illuminated.
11. Building signs at customer accessible rear building entrances.
ACCEPTABLE SIGNS:
12. Awning signs (restricted to the valance or end flap); can be internally illuminated or backlit.
13. Neon tube lighting on painted wall signs, on window signs, around architectural features and on signs.
14. Marquee signs for movie and theater and/or “community service” uses.
15. Exterior signage for special sales promotions, etc.
Flush mounted wall signs with
backlighting
Good visiblity for multiple users
Location of sign on the wall
Minneapolis, Minnesota Denver, Colorado
Oriented towards pedestrian
Clearly legible hanging sign at
storefront
Midlothian, Virginia
Monument signage within
property line, highly visible.
Blocking sightlines for vehicles
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B SIGN SIZE, COLOR,
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C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-A: SIGN DESIGN CONSIDERATION (CONT.)
16. Portable signs professionally designed and temporary that comply with ADA accessibility and placed to not obstruct pedestrian movement.
17. Monument signs are allowed if there is appropriate distance set back from the street or parking areas.
18. Attachments must be compatible with building design and compliment surrounding businesses and area.
Natural coloring and landscaping is preferred.
DISCOURAGED SIGNS:
19. “Temporary” banners for business identification for more than 60 days unless extended by the Planning Director per Paradise Municipal Code 17.37.
20. Projecting, emitting, rotating, moving, or flashing signs; exposed raceways behind channel letters.
21. Pole signs; free-standing or otherwise.
22. Roof mounted signs upon buildings at or above street level (see exception Paradise Municipal Code Chapter
17.37).
23. Any signs above the first story (except window signs or in some cases, wall mounted signs upon any facade or parapet at the upper portion of a single story building).
24. Balloon signs, paper-, cloth-, or plastic-streamers and bunting (except holiday decorations).
Mounted signs are not approved by town
unless there’s no physical location for a sign.
Flush mounted parapet signs are allowed.
Poorly constructed, unstable roof mounting
Eugene, Oregon
Pole signs; free-standing
Located in the public’s right of
way
Austin, Texas Milwaukee, Wisconsin
Temporary signs for daily
business use.
Obstruction to pedestrian
movement
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C QUALITY AND
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DISCOURAGED SIGNS (CONT.):
25. Traffic sign replicas.
26. Handmade portable signs that are not professionally designed, that violate ADA accessibility requirements, or that obstruct pedestrian movement.
27. Signs with obscene, indecent or immoral content.
28. Signs constituting a safety hazard.
29. Monument signs are not allowed in the Downtown if the business is located on a zero lot line. Refer to Paradise Municipal Code Chapter 17.37.700 (Business signs - Regulations in All Zoning Districts).
30. Plastic or vinyl material stretched over a structure as a temporary sign except as allowed in the zoning code.
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C QUALITY AND
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IDENTITY
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SIGN SIZE:
1. Refer to Paradise Municipal Code; Chapter 17.37 regarding current sign regulations. All signs shall relate proportionately in size and placement to other building elements.
2. Window Signs: Refer to Paradise Municipal Code; Chapter 17.37 regarding current sign regulations of window signs.
3. Monument signs: are permitted if sight distance and engineering Right of Way specifications allow. New monument signs and monuments signs proposed in new developments are required to be landscaped. The landscape plan for the newly proposed monument sign must be reviewed as part of the Design Review process for the new sign.
SIGN COLOR:
4. Sign color is just as important as the textual content. To be effective, the color should contribute to the legibility and design integrity of the affected property and should complement the colors of the building. Due to our geographical setting, natural, earth-tone colors are the preferred color palette for buildings and signs in the Downtown. Refer to the Appendix.
Size is at pedestrian scale
Blocking access to site
amenities or entries
Catalina Bay, California
Simple contrasting color scheme, See colors in
Appendix Section
Norcross, Georgia
Size appropriate to entrance
and building
Extending into Public Right of
Way
York, United Kingdom
B SIGN SIZE, COLOR,
AND FONT
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AND FONT
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5. Sign fonts should be uniform, limited of change, appropriately scaled, and easily legible. A sign containing too many fonts can be difficult to read, confusing, and appear disorganized. Some fonts can be very difficult to read at any reasonable distance. In addition, the environment of the sign placement should be taken into account.
Difficult to read
Confusing
Large bold lettering
Thin font with minimal background
contrasting
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AND FONT
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C QUALITY AND
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E ARCHITECTURAL
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IDENTITY
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All signs shall be constructed of high quality and weatherproof materials.
All signs must be designed by a professional sign company or sign artist.
Appropriate materials shall be used for all elements of signs including all letters, exposed edges, and surfaces.
Except for decorative wrought iron, any exposed hardware such as conduit, tubing, raceways, conductors, transformers, mounting hardware and other equipment shall be concealed.
A project proposed with inappropriate materials may apply for special considerations only if the Town sign permit administrator determines that one of the following is applicable:
- The proposed material, in the particular application, will blend well with the existing or new materials;
- Other materials would not achieve the same desired theme of the proposed use; or
- The overall architectural design and detailing is of such quality as to justify its use.
PREFERRED SIGN MATERIALS:
1. Metal, wood, print on canvas awnings, painted graphics on building surfaces
ALLOWABLE SIGN MATERIALS:
2. Plexiglas, lexan or plastic, neon, vinyl lettering, other durable products deemed suitable for outdoor signs
PROHIBITED SIGN MATERIALS:
3. Unfinished plywood, particle board or paper.
All weather materials
Enhanced lighting and durable
materials
Painted directly on building
Paradise, California
Fair Oaks, California
C QUALITY AND
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AND FONT
C QUALITY AND
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FLUSH MOUNTED SIGN:
1. Sign placement should be symmetrically located within space that is defined by the building’s architectural features such as its massing and its trim.
AWNING SIGNS:
2. An awning is permanently attached to a building or can be raised or retracted to a position against the building when not in use. An awning sign is a message that is painted, printed, sewn, or stained onto the awning or awning flap.
3. The sign on awnings shall be placed on the awning flap. The flap shall be at least eight (8) inches in height and with enough contrast so that the letters and symbols can be easily read.
4. The color of an awning sign shall be compatible with and complementary to the color and material of the building to which it is attached.
Flush mounting.
Emphasizes main entrance
Non contrasting colors
Meets construction methods and
standards
Contrasting the building character
Dallas, Texas Nashville, Tennessee
D LOCATION ON
BUILDING
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A SIGN DESIGN
CONSIDERATION
B SIGN SIZE, COLOR,
AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-D: LOCATION ON BUILDING (CONT.)
PEDESTRIAN-ORIENTED HANGING/SHINGLE SIGNS:
5. A hanging sign is generally located below awning level and is intended to be read by pedestrians along a sidewalk or arcade and by motorists in slow-moving vehicles.
6. A hanging sign shall be hung perpendicular to and shall not project more than five (5) feet from the face of the building.
7. Hanging signs shall not be located within close proximity to other hanging signs or projecting signs, preferably maintaining a separation of at least twenty-five (25) feet from each other.
8. The placement of a hanging sign shall not impede the safe movement of people or vehicles within a public right-of-way and shall be properly secured to a building in a structurally sound manner.
PROMOTIONAL BANNER SIGNS:
9. Refer to the Paradise Municipal Code; Chapter 17.37 regarding current sign regulations referencing promotional banner signs.
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2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-E: ARCHITECTURAL COMPATIBILITY & CORPORATE IDENTITY
ARCHITECTURAL COMPATIBILITY - COMPLEMENT BUILDING:
1. Signage shall be modestly scaled and shall be incorporated into an architectural element that complements the overall character of the building. All signs shall relate proportionately in placement and size to other building elements, and sign style and color should complement the building façade.
CORPORATE IDENTITY:
2. Corporate identity shall be secondary in the design of projects, and projects shall be consistent with the architecture of the surrounding community.
- Signs: Corporate signage for renovations shall be modest in scale and located to be compatible with the existing building.
Not out of scale with building
Oversized corporate stamping
Standard corporate identity within
private development lot
Non-standard placement or appearance
Placement complements business
entrance and identity
Within scale
Paradise, California Ridgeland, Mississippi Fountain Valley, California
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2 - SITE 3 - SIGNS 4 - STREETSCAPE 1 - BUILDING 5 - APPENDIX 4-A:LANDSCAPE DESIGN
LINE OF SIGHT:
1. Sight distance for driveways should be protected with the use of visibility triangles on each side of the driveway to ensure adequate visibility. In this area, structures, fences, walls and plant material, with the exception of street trees, should not exceed 2.5 feet in height above the street grade. Clear sight triangles will vary based on roadway speeds and other criteria. Refer to AASHTO (American Association of State Highway and Transportation Officials): A Policy on Geometric Design of Highways and Streets, Current Edition and Paradise Development Regulations for additional requirements.
STREET TREE CANOPIES:
2. Street trees shall be selected from a mixed palette and shall consist of both deciduous and evergreen tree species with large broad canopies, including indigenous conifers. Provide adequate planter areas, irrigation source and maintenance.
Allows good pedestrian visibility
Blocking pedestrian line of sight
Seasonal color/low water use plant
types, See Appendix
Non-maintained plants
Provide adequate planter area
Deciduous tree
Encroaches the public right of
way
Fair Oaks, California Camden, Pennysylvania Seattle, Washington
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FOUNDATION PLANTING:
3. Foundation planting should be installed where there are building setbacks. The intent is to soften the transition between the architectural element and the ground plane. The plant material should be selected to maintain its natural form throughout the year. 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. Refer to the Defensible Space Ordinance.
WATER CONSERVATION:
4. Select trees and plants that reflect the climate of Paradise and minimize water consumption.
PAVING/HARDSCAPE
5. Refer to Site Design, Section 2.E for specific requirements. Pavement materials, colors, and finishes shall be developed in coordination with Town Staff.
LANDSCAPE IRRIGATION
6. Refer to Site Design, Section 2.G for specific requirements.
LANDSCAPE SITE FURNISHINGS
7. Refer to Site Design, Section 2.I for specific requirements.
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2 - SITE 3 - SIGNS 4 - STREETSCAPE 1 - BUILDING 5 - APPENDIX 4-B: PRESERVATION OF TREES
Street trees can be one of the most valuable assets to providing a city aesthetic character. Whenever possible, retain existing street trees and trees on sites that have been determined to be of significant value in contributing to the final landscape design.
ARBORIST:
1. Consult with a professional arborist for advice on the health and maintenance of existing trees and sections of street trees prior to design.
2. Preserve existing street trees. When replacing or building new sidewalks near existing historic trees, sidewalks should provide additional spaces and bend around widened tree trunks to lessen concrete-root conflicts.
Provide appropriate new street trees that fit within the existing planting patterns.
HEALTHY TREES:
• New development shall minimize loss of healthy existing trees.
Appropriate tree staking Maintained tree canopy
Northfield, Minnesota Sacramento, California
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65 APPENDIX:
GLOSSARY
DESIGN REVIEW COMMITTEE & PROCESS
PLANT PALETTE
COLOR PALETTE
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67 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING GLOSSARY:
ADDITION: New construction added to an existing building or structure.
ACCESSORY (OR ANCILLARY) STRUCTURES: A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
ALTERATION: Work which impacts any exterior architectural feature including construction, reconstruction, or removal of any building or building.
ANIMATED: Describes the use of building elements, areas, and colors that create variety and a sense of activity in and around a building.
APPURTENANCE: An appendage that is attached to a structure such as a roof top mechanical system, enclosed storage area, etc..
ARTICULATION: The dividing or segmenting of building elements into smaller components to create a sense of finer detailing. The variations in the exterior of the building or massing of buildings in a development. Elements of articulation may be described in terms of roughness of surface material, numbers of openings, patterns within the material or of different materials, massing, etc. Articulation can reduce the scale of larger buildings by the use of small detailed patterns.
BALUSTER: A turned or rectangular upright member supporting a stair rail.
BALUSTRADE: An entire railing system with top rail and balusters.
BARGEBOARD: A board which hangs from the projecting end of a gable roof covering the end rafters, and often sawn into a decorative pattern.
BAY WINDOW: A window in a wall that projects at an angle to another wall.
BOARD AND BATTEN: Siding fashioned of boards set vertically and covered where their edges join by narrow strips called battens.
BOLLARD: A vertical element designed to prevent the movement of vehicles across a roadway or into a pedestrian area.
BRACKET: An ornamental or structural member or both set under a projecting element, such as the eaves of a house.
CAPITAL: The head of a column or pilaster.
COLUMN: A vertical support, usually supporting a member above. 260
68 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING CORBEL: In masonry, a projection, or one of a series of projections, each stepped progressively farther forward with height and articulating a cornice or supporting an overhanging member.
CORNICE: The uppermost projecting part of an entablature, or a feature resembling it. Any projecting ornamental molding along the top of a wall, building, etc.
CRESTING: Decoration applied along roof ridges generally consisting of ornamental metal.
DENTILS: A row of small tooth-like blocks in a classical cornice.
DESIGN CONTINUITY: A unifying or connecting theme or physical feature for a particular setting or place, provided by one or more elements of the natural or created environment. Consistency in scale, quality, or character between new and existing development so as to avoid abrupt and/or severe differences.
DESIGN RHYTHM OR PATTERN: The regular or harmonious recurrence of lines, shapes, forms, elements or colors, usually within a proportional system.
DORMER WINDOW: A window that projects from a roof.
DOUBLE HUNG WINDOW: A window with two sashes, one sliding vertically over the other.
EAVES: The edge of a roof that projects beyond the face of a wall.
ELEVATION: The external faces of the building.
ELL: The rear wing of a house, generally one room wide and running perpendicular to the principal building.
ENGAGED COLUMN: A round column attached to the wall.
ENTABLATURE: The band of moldings near the top of a facade, divided into cornice, frieze, and architrave.
FACADE: The exterior walls of a building exposed to public view, or that wall viewed by persons not within the building.
FENESTRATION: The arrangement of windows on a building.
FINIAL: A pointed ornament at a gable peak.
FLUTING: Shallow, concave grooves running vertically on the shaft of a column, pilaster, or other surface. 261
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69 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING FRETWORK: Ornamental woodwork, cut into a pattern, often elaborate.
FRIEZE BOARD: A flat board at the top of a wall directly beneath the cornice.
GABLE: The triangular section of a wall to carry a pitched roof.
GABLE ROOF: A roof with a central ridge and one slope at each side.
HARDSCAPE VS. SOFTSCAPE: Hardscape street improvements that include paving elements, such as roads sidewalks, and medians.
Softscape improvements include landscaping elements, such as trees, bushes and other plant material.
HIPPED ROOF: A roof with uniform slopes on all four sides.
HOOD MOLD: A projecting molding above an arch, doorway or window.
IRRIGATION: Method of artificial watering, usually through automatic sprinkler systems.
LATTICE: An openwork grill of interlacing wood strips used as screening.
LINTEL: A horizontal beam or stone bridging an opening.
MANSARD ROOF: A roof with two slopes on all four sides, with the lower slope almost vertical and the upper almost horizontal.
MASSING: The distribution of building volumes in regard to a) the building’s relative location on the site; and b) the height, width, depth of the elements of a building relative to each other. An example of the second aspect could be “the bell tower of a church in relation to the assembly building of a church” are separate masses.
MEDIAN: A barrier placed between lanes of traffic flowing in opposite directions, usually wide enough to be landscaped and have trees planted in it.
METAL STANDING SEAM ROOF: A roof composed of overlapping sections of metal such as copper-bearing steel or iron coated with a thin alloy of lead and tin. These roofs were attached or crimped together in various raised seams for which the roofs are named.
MODILLION: A horizontal bracket, often in the form of a plain block, ornamenting, or sometimes supporting, the underside of a cornice.
MONOCHROMATIC: The use of one color.
MULLION: A vertical strip dividing the panes of a window. 262
70 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING MUNTIN: A secondary framing member to hold panes within a window or glazed door.
OPAQUE: A material that does not transmit light.
ORIENTATION: The direction that various sides of a building face.
PALLADIAN WINDOW: A window with three openings, the central one arched and wider than the flanking ones.
PARAPET: The extension of the main wall of a building above the roof level.
PAVING: Common terminology for surface materials. These can be asphalt paving, integral paving, stones, brick or concrete (See Hardscape).
PEDESTRIAN SCALE: A design relating to the scale of an average person.
PEDIMENT: A triangular space in a gable closed on all three sides.
PERSPECTIVE: The presentation of a building elevation from a three-dimensional orientation.
PILASTER: A square pillar attached, but projecting from a wall, resembling a classical column.
PORTE-COCHERE: A porch large enough to enclose wheeled vehicles.
PORTICO: A roofed space, open or partly enclosed, forming the entrance and centerpiece of the facade of a building, often with columns and a pediment.
PUBLIC IMPROVEMENTS: Publicly directed enhancements, often to streetscapes and other public amenities.
PUNCHED WINDOWS: Individual window elements as opposed to a continuous horizontal band of windows. Punched windows can be either in the same plane with the exterior surface or more appropriately recede behind the plane.
PYRAMIDAL ROOF: A roof with four identical sides rising to a central peak.
QUOINS: Stone blocks or bricks ornamenting the outside walls of a building.
REHABILITATION: To restore to a good condition while preserving significant features.
REMODEL: To reconstruct or alter.
RENDERING: The detailed colored presentation of a building elevation, perspective, or plan. 263
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71 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING RESTORATION: To bring back to a documented former condition or appearance.
RIGHT OF WAY (R.O.W.): Land publicly controlled, including streets, sidewalks and alleys.
SASH: The movable framework containing the glass in a window.
SCALE: Describes the relationship of objects size to another. A building’s scale might be described in relation to its neighboring context, to the components of the building itself, or to a human being. For the purpose of this text, “Human Scale” refers to buildings and streetscapes that comfortably relate to the human figure (pedestrians).
SCORING PATTERNS: Lines scribed into concrete, usually in sidewalks.
SCREENING: To visually separate, or mask for aesthetic purposes or privacy issues.
SETBACK: The distance between the building and any lot line.
SHADOW CASTING: The shade cast by a structure or building on the surrounding areas during the day and over various seasons.
SILL: A horizontal member at the bottom of a window or door opening.
SIDING: The exterior wall covering or sheathing of a structure.
SPALLING: Flaking of the outer face of masonry, often caused by expanding moisture in freezing conditions.
STREETSCAPE: A setting or expanse describing visible signage, fixtures, paving, landscaping, and buildings along a street way.
TERRA COTTA: Cast and fired clay units, used as ornamentation.
TRANSOM: Horizontal window like element above the door.
VERGEBOARD: The vertical face board following and set under the roof edge of a gable, sometimes decorated by carving.
WEATHERBOARD: Wood siding consisting of overlapping boards usually thicker at one edge than the other.
ZONING ORDINANCE: The Zoning Ordinance of the Town of Paradise. 264
DESIGN REVIEW PROCESS:
DESIGN REVIEW PROCESS:
The design review process is set by Council and is enumerated in Paradise Municipal Code Chapter 17.41. The specific steps are noted in detail in the application packet. The application packet is posted on the Town’s website. Applicants may submit for design review in concurrence with certain land use applications, however, building permits will not be issued without design review approval or conditional approval. An applicant may appeal any decision made by the Design Review Committee to the Town Council as set forth by the procedures in Paradise Municipal Code Chapter 17.41.
APPEALS TO THE DESIGN REVIEW DECISION:
The applicant may appeal staff’s decision to the Town Council by paying the appropriate fee, as adopted in the Town’s Master Fee Schedule. The appeal must be filed within 10 days of the decision with the Town Clerk’s Office. 72 TOWN OF PARADISE : DESIGN STANDARDS - DOWNTOWN
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73 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING ENCOURAGED PLANT PALETTE:
STREET TREES:
BOTANICAL NAME:
Acer Rubrum
Calocedrus Decurrens
Liriodendron Tulipifera “Arnold’
Platanus Acerifolia ‘Bloodgood’
Platanus Racemosa
Quercus Douglasii
Quercus Ilex
Quercus Lobata
Quercus Rubra
Quercus Wislizenii
SECONDARY STREET TREES:
BOTANICAL NAME:
Cedrus Deodara
Prunus Cerasifera ‘Krauter Vesuvius’
Pyrus Calleryana ‘Aristocrat’
Tilia Americana
SMALL ACCENT TREES:
BOTANICAL NAME:
Arbutus Marina
Cercis Occidentalis
Cornus Nuttallii
Heteromeles Arbutifolia
Magnolia Stellata
Prunus caroliniana
Red Maple
Incense Cedar
Tulip Tree
London Plane Tree
Californica Sycamore
Blue Oak
Holly Oak
Valley Oak
Red Oak
Interior Live Oak
Deodar Cedar
Purple Leaf Plum
Aristocrat Pear
American Linden
Strawberry Tree
Western Redbud
Pacific Dogwood
Toyon
Star Magnolia (multi-trunk)
Carolina Laurel Cherry
LARGE SHRUBS (5’-6’ TALL):
BOTANICAL NAME:
Arbutus unedo ‘Compacta’
Cotoneaster Parneyi
Ilex cornuta
Ligustrum japonicum ‘Texanum’
Philadelphius Lewisii
Photinia Fraseri
Pittosporum Tobira
Pittosporum Tobira ’Variegata’
Prunus Caroliniana ‘Brite N Tite’
Prunus Laurocerasus
Raphiolepis Indica ‘Majestic Beauty’
Rhamnus spp.
Umbelluaria californica
Viburnum Opulus ‘Roseum’
MEDIUM SHRUBS (3’-4’ TALL):
BOTANICAL NAME:
Atriplex spp.
Berberis thunbergii ‘Atropurpurea’
Buxus Japonica
Dietes Vegeta
Grevillea Noellii
Hypericum Moseranum
Nandina Domestica
Pinus Mugo
Prunus laurocerasus ‘Otto Luyken’
Raphiolepis indica ‘Jack Evans’
Rhus integifolia
Rosa spp.
Dwarf Strawberry Tree
Parney Cotoneaster
Chinese Holly
Texas Privet
Wild Mock Orange
Photinia
Mock Orange
Variegated Tobira
Carolina Cherry
English Laurel
Majestic Beauty Raphiolepis
Coffeeberry
California Bay Laurel
European Cranberry Bush
Saltbush
Red Leaf Japanese Barberry
Boxwood species
Fortnight Lily
Grevillea
Gold Flower
Heavenly Bamboo
Mugo Pine
Otto Luyken Laurel
Jack Evans Raphiolepis
Lemonade Berry
Various Rose species
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2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING ENCOURAGED PLANT PALETTE (CONT.):
SMALL SHRUBS (1’-3’ TALL):
BOTANICAL NAME:
Artemisia ‘Powis Castle’
Baccharis Pilularis ‘Pigeon Point’
Berberis Thunbergii ‘Crimson Pygmy’
Calycanthus Occidentalis
Carpenteria Californica
Chaenomeles ‘Stanford Red’
Cotoneaster dammeri ‘Lowfast’
Hemerocallis Hybrid
Heuchera S. ‘Santa Ana Cardinal’
Iris Germanica
Juniperus Conferta
Juniperus Horizontalis ‘Youngstown’
Mahonia aquifolium ‘Compacta’
Penstemon gloxinioides ‘Firebird’
Pittosporum tobira ‘Wheelers Dwarf’
Raphiolepis Ballerina
Rhus Ovata
Rosemarinus Ingramii
Spiraea bumalda ‘Anthony Waterer’
Artemisia
Dwarf Coyote Bush
Crimson Pygmy Barberry
Spice Bush
Bush Anemone
Flowering Quince
Lowfast Bearberry Cotoneaster
Daylily
Coral Bells
Bearded Iris
Shore Juniper
Youngstown Juniper
Dwarf Oregon Grape
Border Penstemon
Dwarf Tobira
Dwarf Raphiolepis
Sugar Bush
Collingwood Ingram Rosemary
Anthony Waterer Spiraea
GROUNDCOVER:
BOTANICAL NAME:
Arctostaphylos ‘Emerald Carpet’
Baccharis Pilularis ‘Twin Peaks’
Coprosma Pumila ‘Verde Vista’
Hypericum Calycinum
Juniperus Conferta
Rosmarinus officinalis
Trachelospermum Asiaticum
Trachelospermum Jasminoides
VINES:
BOTANICAL NAME:
Campsis Radicans
Clematis spp.
Lonnicera Japonica
Parthenocissus Tricuspidata
Dwarf Manzanita
Coyote Bush
Coprosma
St. Johnswort
Shore Juniper
Prostrate Rosemary
Asian Jasmine
Star Jasmine
Trumpet Vine
Clematis
Honeysuckle
Boston Ivy
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75 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING COLOR PALETTE:
ENCOURAGED COLORS:
When considering future development, one has only to look around for inspiration. Paradise is located on a beautiful ridgetop in the Sierra Nevada foothills with breathtaking canyon views and heavenly blue skylines. A large portion of the Town is tucked away among the trees and the natural wooded forest. Fresh water lakes, rivers and waterways sustain the native habitat. The natural vegetation is awakened each Spring with vibrant color, while the Fall, not to be outdone, defies the winter frost with striking a splendor of crimson and gold. These are the colors of Paradise.
Since structural elements such as buildings and signs are designed to be part of the landscape for a long period of time, it is important to respect the existing viewshed and follow desired design standards. Choosing a color palette from the natural environment ensures aesthetic harmony.
The common understanding of earth tones include a color scheme that draws from a palette of browns, tans, grays, greens, oranges, whites, blues and some reds. The colors in an earth tone scheme are muted and flat in an emulation of the neutral colors found in soil, moss, trees and rocks. Many earth tones originate from clay earth pigments, such as umber, ochre and sienna.
DISCOURAGED COLORS:
The right color palette enhances the attractiveness of a structure or sign face. Using compatible color families, hues, values and tones will ensure that colors blend well and fit in with the surrounding elements.
Some advertisers use bright colors to attract attention, which is acceptable for television and print media. However when designing permanent structures and permanent signs, colors should blend, enhance, and promote the natural beauty of the surrounding area. Therefore bright, intensively-toned colors are typically not viewed as a visually pleasing color choice for certain design elements.
Fluorescent colors are intense and brilliant with a strong, vivid color saturation. Therefore, fluorescent and other brightly toned colors which are mainly used to “stand out” and distract will not be eligible color choices for permanent structures.
When using digital processing for sign design, colors above 60% on the CYMK color chart will be questioned or prohibited. In other words, adding shades or diminishing tones of certain colors will be necessary to obtain design review approval for color palettes. 268
CLARK ROAD AND
COMMUNITY COMMERCIAL
DEVELOPMENT AREAS
DESIGN STANDARDS
TOWN OF PARADISE
ADOPTED BY THE TOWN COUNCIL
DATE
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270
TABLE OF CONTENTS:
00 01
02 GENERAL
PURPOSE 01
GOALS 03
HOW TO USE 05
BUILDING DESIGN
FORM, MASS, AND SCALE 09
ARCHITECTURAL FEATURES 11
CANOPIES AND AWNINGS 15
VISIBILITY/WINDOWS 17
BUILDING ENTRANCES 19
MATERIALS AND COLORS 21
SITE DESIGN
INGRESS/EGRESS 25
PARKING CIRCULATION 26
PEDESTRIAN CIRCULATION 28
CREATING PLACES 30
PAVING/HARDSCAPE 31
LOCATION OF STRUCTURES 33
LANDSCAPING/IRRIGATION 34
FENCES & WALLS 37
SITE FURNISHINGS 38
SITE LIGHTING 41
SERVICE/UTILITY/WASTEWATER TREATMENT AREAS 43
ENERGY EFFICIENCY 45
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03 04
05 SIGNS
DESIGN CONSIDERATIONS 49
SIZE, COLOR AND FONT 52
QUALITY AND MATERIALS 54
LOCATION ON BUILDING 55
ARCHITECTURAL COMPATIBILITY & CORPORATE IDENTITY 57
STREETSCAPE
LANDSCAPE DESIGN 61
PRESERVATION OF TREES 64
APPENDIX
GLOSSARY 68
DESIGN REVIEW PROCESS 73
PLANT PALETTE 74
COLOR PALETTE 76
TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS II 272
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GENERAL:
PURPOSE:
These Design Standards represent the community’s desire for good design by encouraging creativity, interest and variety, and by building upon local character to create efficient, sustainable and livable places. The Standards are intended to promote a desired level of future development in Paradise that:
1. Preserves the sense of a small-town community in a natural mountain environment;
2. Contributes to a positive physical image and identity, while preserving the surrounding environment;
3. Provides design assistance to the development community, architects/designers and property owners;
4. Promotes high-quality development that stimulates investment in the economic vitality of Paradise;
5. Facilitates the development of projects that establish a sense of place while complementing the character of traditional design established within the existing neighborhoods of the Town;
6. Implements the goals, objectives, and policies of the Town of Paradise General Plan;
7. Maintains and enhances property values and pride of ownership.
These Standards are meant for use by property owners, developers, business owners, and architects in achieving a superior quality design of new construction and additions to existing buildings. The purpose of the Standards is to promote quality designs that have been carefully considered and that have well integrated building features and architectural elements. These Standards complement existing development procedures, policies and laws.
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2 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS FIGURE 1-1 Clark Road Corridor is shown in the Highlighted Area. Refer to Paradise Zoning Map for more information regarding the limit of the Clark Road Corridor.
APPLICATION:
The standards contained in this document are focused on design. This document is not intended to provide a listing of all Town standards or requirements. Applicants should also refer to the Paradise General Plan, the Paradise Zoning Code, the Paradise Municipal Code, the Subdivision Ordinance, and engineering design standards and related documents.
Where any conflict arises, the Town codes and standards listed above will supersede these design standards.
In cases where a property is located in an overlapping geographical design area, the following hierarchical order will be applied to the property when making decisions for Design Review: (1) Downtown (2) Gateway\ Scenic Highway Corridor (3) Clark Road and Community Commercial Development Areas (4) Industrial \ Business Cluster.
In this document the terms “should” or “encouraged” means that the Town strongly prefers that the applicant apply the criteria to his or her project, but the applicant may use an alternative design feature to the one expressed by the criteria, if they can demonstrate that an alternative design feature may be used to achieve the design concept or desired aesthetic. The term “discouraged” is intended to illustrate those aspects of design which do not achieve the Town’s design review objective or meet the design review criteria and are therefore not permitted. Final determination rests with the design review approval process. **The Clark Road Corridor and Community Development Areas include all properties in Town, except single-family residential land uses and properties that are already included in an established geographical design area.
ELLIOT RD.
NUNNELEY RD.
PEARSON RD.
CLARK RD.
BUSCHMANN RD.
Source: Google Maps
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GOALS:
The Clark Road and Community Commercial Development Areas provides a key opportunity for vital economic growth for businesses, and contributes to the livability of surrounding neighborhoods.
The following goals provide the foundation for achieving a vibrant, successful, and enduring commercial corridor:
1. Promote quality commercial development in the Town’s commercial corridor that is sustainable, functional and attractive.
2. Site features such as trees, creeks, and views of surrounding landscapes should be considered as prime design determinates in planning new commercial centers.
3.Integrate existing natural features and landscaping into the overall design and layout of the development that provide physical separators and buffers from adjacent uses, landscaped parking areas, and an attractive design from the street.
4. Develop the site to include walk-ability to, from, and within the development, especially to and from public transportation.
5.Encourage appropriate uses and intensity of uses for the commercial corridor.
6.Promote the reuse and revitalization of existing commercial buildings.
These design standards encourage and promote the further development of the Mountain Craftsman style in Paradise. Representative of the surrounding environment in which Paradise is located, the Mountain Craftsman style makes use of natural materials including stone and timber.
Columns, beams, rafters, and other elements are exposed and displayed as important architectural components. Warm earth tones and natural colors are reflective of the rich natural beauty that Paradise is known for. 275
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The following graphic shows some potential design elements for Clark Road and Community Commercial Development Areas. The various design elements have been included in this guide.
Click on the image for more information regarding the design element.
HOW TO USE THIS GUIDE:
LOCATION OF DESIGN ELEMENT:
SERVICE AREA ENCLOSURE BUILDING DESIGN SIGNAGE RETAINING WALL
LIGHTING LANDSCAPING HARDSCAPE FENCES
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6 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS NAVIGATION OF EACH SHEET:
1 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX Provides adequate shade
Allows for circulations paths,
enhances safety and comfort
Shelter design does not
complement the aesthetic of
the Town
Walkable space
Natural tree shading
Too dense of tree planting, can cause a
fire hazard
Shelter design complements the
aesthetic of the Town
Provides seating for users
Does not provide adequate
shade
Sonoran Shelter, Marana, Arizona Phoenix, Arizona Seaside, California 2-C: PEDESTRIAN CIRCULATION
Where commercial and residenti al structures adjoin public areas, and along internal circulati on paths of the downtown area, provide pedestrians with the greatest possible sense of safety, comfort, aestheti c pleasure, and connecti on to building acti viti es at edges.
PEDESTRIAN SHELTER:
1. Provide shade from the summer sun (and protecti on from the rain, when possible) with street trees,trellises, awnings and other devices along street frontages and paths internal to the project, especially on the south side of buildings.
AESTHETIC QUALITY:
2. The highest detail and material quality for projects should be placed where pedestrians have the greatest and closest contact with the project.
C PEDESTRIAN
CIRCULATION
Image Example
Navigation Bar Main Category
Sub Category
Page Number
*Hyperlink Embedded
Location/Source
Encouraged/
Preferred Design
Discouraged Design
*Example Reference: “Refer to Section 2-C.1...”
Town Website/Title of Document
278
BUILDING DESIGN:
FORM, MASS, AND SCALE
ARCHITECTURAL FEATURES
CANOPIES & AWNINGS
VISIBILITY/WINDOWS
BUILDING ENTRANCES
MATERIALS AND COLORS
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9 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-A: FORM, MASS, AND SCALE
Refer to the Paradise Zoning Ordinance for specific height and setback requirements in addition to those discussed herein.
1. In large buildings, vary massing to provide visual interest and ease the visual appearance of a single large mass.
2. Compose building forms, roofs, and facades to provide variation, visual interest, and appropriate scales.
3. Design the ground floor of buildings to include architectural features such as columns, ribs, pilasters, changes in plane, changes in texture or material or an equivalent element that subdivides the wall into more “human-scale” proportions.
4. Integrate elements of buildings used to give scale and proportion so they are integral with building form and construction.
5. Ensure compatibility with surrounding developments, and respect the character of the neighborhood.
6. Use building height and massing to emphasize building corners, points of entry and preserve visible skyline.
7. Minimize impact of commercial development to adjacent residential properties.
8. Locate new structures on property to maintain access to light and air circulation, and privacy of existing private open spaces on adjoining properties
Form of building fits into broader
landscape
Variation in roof heights with consistent
form
Roof forms emphasize point of entry,
create variation, and provide visual
interest
Roof steps down at ends and edges of
building
Roof forms accentuate building entrances
Window rhythm and roof corbels reinforce
pedestrian scale.
Long, unarticulated roof lacks visual
interest
Exposed roof pitch of less than 3 : 12
A FORM, MASS, AND
SCALE
Sheridan, Wyoming
Ranchester, Wyoming
A FORM, MASS, AND
SCALE
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10 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
ENTRANCES
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING Detailed soffits and corbels add visual
interest to overhangs
Articulated roof design with dormers and
changes in level break up overall roof
form
Storefront windows and wainscot stone
enforce relationship to pedestrian access
1-A: FORM, MASS AND SCALE (CONT.)
9. Roofs with dominants forms and additional architectural features such as changes in height, towers, roof dormers, or clerestories.
10. Deep eaves and overhangs with architectural detail and exposed rafter tails.
11. Long, uninterrupted roof forms and ridge lines should be avoided.
12. Unarticulated walls on publicly visible portions of the building should be avoided. Refer to Building Facades in Section 1-B.
A FORM, MASS, AND
SCALE
Mountain Village, Colorado
282
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11 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-B: ARCHITECTURAL FEATURES
BUILDING BASES
The building base is the lowest portion of the building where it touches the ground.
1. Elements or materials that are visually heavier, including stone or masonry, should be incorporated at the base of buildings.
2. Building bases should be of adequate size and scale to ensure buildings appear visually grounded
BUILDING FACADES
A facade is typically the front of a building, but is also considered any side or exterior wall of the building that faces a public way or space.
3. Building facades should be interesting, varied, and create an attractive and vibrant streetscape.
4. Incorporate horizontal and/or vertical articulations in wall planes of no less than 1 inch, such as ledges, trim, joint lines, canopies, or changes in material, to provide variation in facades.
5. In a unified development or strip mall where buildings are directly adjacent to each other, buildings should continue the pattern of the lines from neighboring buildings to unify facades on a street block.
6. A corporate image, as in the case of many national franchised stores, should be secondary in the design of projects. Branded buildings are discouraged as they are difficult to reuse if vacated by the primary business.
Scale of the building base matches the
pedestrian space adjacent to it
Site walls make use of stone veneer,
matching building for consistency
Building lacks a well-defined base, and
instead features flat walls with large
expanses of the same color
Stone, heavier materials, and darker
colors help to visually anchor the building
while conveying permanence and
durability
Rite Aid, Paradise, California
Feather River Health Center, Paradise, California
Allentown, Pennsylvania
B ARCHITECTURAL
FEATURES
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A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
ENTRANCES
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-B: ARCHITECTURAL FEATURES (CONT.)
7. Projects with multiple buildings should incorporate a design theme throughout to ensure consistency between neighboring buildings.
8. Building entries should be clearly delineated through the use of recesses, additional detailing, overhangs, lighting and change of volume and form. The greater the functional use of the entrance, the more it should be distinguished from the balance of the building.
9. Bulkheads below the base of a storefront window or adjacent to a storefront door should be used to provide protection to the storefront by raising the glass area to a safer and more easily viewed height. To achieve this protective function, bulkhead materials should be resistant to water, dirt, and impact (e.g. ceramic tile, finished stone, brick). Bulkheads in multiple storefront buildings should be complementary in height and material.
CORPORATE IDENTITY:
10. The design character shall not be a standard franchise prototype and shall incorporate dominant characteristics that are unique to Paradise.
DETAILS
11. Facades at the ground level of buildings should use details to reinforce pedestrian scale elements. Examples include, but are not limited to, architectural canopies over entrances, decorative lintels above windows, and stone or masonry caps or banding.
12. Vary wall surfaces to create relief and shadow lines.
Varied facades create an interesting and
vibrant streetscape
Some facades lack sufficient detail
Lack of continuity between buildings
creates non-cohesive aesthetic
Line of neighboring buildings continue for
a unified facade on the street block
Building articulation and details create
shadows, line surfaces, and visual interest
Stone base not extended on all visible
sides of building
B ARCHITECTURAL
FEATURES
Jackson, Wyoming
Truckee, California
Longmont, Colorado
284
WWW.TOWNOFPARADISE.COM
13 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING
B ARCHITECTURAL
FEATURES
Decorative light fixtures compliment
architectural style of building. Black metal
finish consistent with other materials
including black metal structural hardware
above.
1-B: ARCHITECTURAL FEATURES (CONT.)
13. All visible sides of buildings should be designed with a complementary level of detail, quality of materials, and continuity of color. Building designs should not incorporate blank wall segments when visible from public spaces. Parapets on commercial buildings should be extended to all visible walls to ensure continuity.
14. Permanent security bars or grilles on publicly visible windows should not be used.
15. All rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right of way. Equipment shall be located behind parapet walls and/or additional rooftop screens.
16. All ground-level mechanical equipment shall be screened to the height of the unit as viewed from the property line. Walls, opaque fences, and landscape material which relate to the overall building design are appropriate methods for screening groundlevel mechanical equipment.
17. Visible satellite dishes or satellite dish accessories should be placed out of public view.
LIGHTING
18. In addition to site lighting, architectural lighting integrated with the building should be used to promote safety, security, and to enhance the architectural character of the building.
19. Light fixtures should be consistent with the architectural style of the building, and should compliment other building elements in color, material, or style to help unify the building design. Historic fixtures should be used when appropriate.
Rite Aid, Paradise, California
285
14 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
ENTRANCES
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-B: ARCHITECTURAL FEATURES (CONT.)
LIGHTING (CONT.)
20. Storefront lighting should be designed to illuminate the sidewalk in front of the store in the evening. Shop windows shall be well lit. Fixed overhead spotlights, recessed incandescent ceiling fixtures, track lights or other concealed fixtures are recommended. Building entrances should be accentuated by brighter lighting.
The building street number should be illuminated by the entry lighting.
ENERGY EFFICIENCY:
21. Lighter-colored finishes should be used on the exterior of buildings to help reflect heat in the summer months.
Minimize west and south-westerly facing windows due to intense afternoon sun conditions. Properly proportion overhangs on south windows, and sun screening on south and west windows. Accommodate daylighting of multistory office buildings by making one plan dimension (preferably the east or west dimensions) of the building small enough to maximize the number of people working near windows..
SIGNAGE:
22. Refer to Sign Design, Section 3.D for sign locations on a building.
B ARCHITECTURAL
FEATURES
286
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15 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-C: CANOPIES AND AWNINGS
1. Provide building overhangs, canopies, or awnings which articulate the building facade and provide protection from inclement weather.
2. Architectural canopies and awnings should support the building design. Colors and materials of the canopies or awning should complement the material and colors of the building.
3. Awnings should be well maintained, washed regularly, and replaced when faded or torn.
4. Fabric awnings should make use of woven fabric (not vinyl), suitable for use in exterior applications, and resistant to fading or tearing.
5. Canopies made of metal or other materials may be appropriate on some buildings if they are compatible with building codes and are also compatible in scale and overall design.
6. Canopies and awnings should be mounted in locations that respect the design of a building, including the arrangement of bays and openings on all floors. The design of canopies/awnings should respond to the scale, proportion, and rhythm created by these elements, and should reinforce pedestrian scale details.
They should also emphasize building entrances where applicable.
Awnings provide visual contrast and help
integrate windows into building facade
Building base stone helps visually ground
building, and signifies entrance
Vertical pilasters lack detail and
articulation
Canopies are integrated into building, and
provide protective cover for entrance and
outdoor product display
C CANOPIES AND
AWNINGS Tiffin, Ohio
Bozeman, Montana
287
16 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
ENTRANCES
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-C: CANOPIES AND AWNINGS (CONT.)
7. The minimum height of canopies/awnings should be 8 feet (measured from bottom of the awning/canopy to the sidewalk).
8. Covered porches should not extend outwardly from the building more than 8 feet. Canopies should not extend outwardly from the building more than 6 feet.
9. The highest point of a first-floor awning should not exceed the midpoint of space created between the second story windowsill (or parapet for a single story building) and the top of the first floor storefront window.
10. When several businesses occupy one building utilizing canopies/ awnings, the canopies/awnings should make use of consistent color, material, and form.
Canopies, changes in material, and
variation of facade depth provide shadow
lines and definition to an otherwise boxy
building
Bozeman, Montana
C CANOPIES AND
AWNINGS
288
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17 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-D: VISIBILITY / WINDOWS
WINDOWS
1. Windows are an important architectural element of facade design because they create a visual rhythm of building openings, as well as provide views into the interior. Display windows add ‘warmth’ to the street and enliven the pedestrian experience.
2. Windows and doors should be designed in an orderly arrangement to provide articulation and scale to facades of buildings.
Incorporate windows into all applicable facades and coordinate their placement and design with other architectural elements.
3. Integrate windows and doors into building walls by using detailing such as trim, lintels, ledges, canopies, or other details integrated into the building design.
4. Where transom windows exist, every effort should be made to retain this storefront feature.
5. The first floor of a commercial building that is fronting or siding on a street shall have a minimum of 30% of its length in windows.
There should be no lengths of facade walls in excess of 40 feet without windows.
6. Corner buildings shall incorporate display windows in blank walls over 20 feet long.
7. Display windows in existing buildings that have been covered-up should be converted back into windows where feasible.
Windows can be integrated into a
building facade using a variety of
techniques including trim, lintels, ledges,
canopies, or other detail work
Large windows provide visibility into and
out of the business
Lack of detail around perimeter of
window, and absence of building base
element presents windows as punched
openings
D VISIBILITY/
WINDOWS
Los Angeles, California
Coachella, California
289
18 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
ENTRANCES
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-D: VISIBLITY/WINDOWS (CONT.)
8. Every building entry, including entries to individual shops, shall be lighted. Lighted entries increase safety for walking, and decreases possibilities of crime. Entry lights should be controlled by a photocell switch. Window displays of merchandise, night time lighting of display windows, or animated window displays are strongly encouraged to attract pedestrians and increase security. Merchandise behind display windows should face the sidewalk.
9. Taverns, bars, or private offices in storefronts located within the Downtown area may use blinds or cafe curtains for privacy if consistent with the building’s design.
10. Permanent, fixed security grates or grilles over windows should not be used.
11. Air conditioning units placed in windows are not permitted in publicly visible portions of the building.
12. Replacing existing windows and doors with incompatible materials such as anodized aluminum, and tinted or reflective glass is not permitted.
D VISIBILITY/
WINDOWS
290
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19 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-E: BUILDING ENTRANCES
1. Provide clearly defined site and building entrances that are scaled appropriately to the area and that relate directly to the street frontage(s).
2. Entrances should be clearly delineated through the use of recesses, additional detailing, overhangs, lighting and change of volume and form. The greater the functional use of the entrance, the more it should be distinguished from the balance of the building.
3. Secondary entrances (such as small retail shops on the ground floor of a larger office building) should be architecturally treated as subordinate to the primary entrance (such as the entrance to all the residential or office uses on the upper floors). Doors that are not regularly used, such as utility access doors, should not be accentuated, and should be integrated into the design surrounding them.
4. Entrances should include protected areas covered by a recess, canopy, overhang, or marquee to provide protection from the rain.
5. Entrances to commercial or retail buildings should have large glass storefronts where appropriate. Full lite doors are encouraged because they extend the openness and transparency of the storefront.
Signage, lighting, and building base
materials can effectively identify building
entrances
Appropriately scaled tower elements and
architectural detailing can be used to
identify building entrances
Paradise, California
E BUILDING
ENTRANCES
Paradise, California
291
20 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
F MATERIALS AND
COLORS
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
E BUILDING
ENTRANCES
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-E: BUILDING ENTRANCES (CONT.)
EXISTING BUILDINGS
6. Existing doors in historical or existing buildings should be re-used where feasible. New doors provided in existing buildings should match or compliment the architectural style of the existing building
REAR ENTRANCES
7. Rear entrances must respond to the same needs as the primary entrances, only at a reduced scale. These include identification signage, windows, and lighting.
8. The design of a rear entrance should be appropriate to its surroundings. The visual character of rear facades, alleys, and parking lots is a relatively casual and utilitarian one, especially when compared to formal facades.
9. Rear entrances should incorporate architectural elements from the front facade for consistency.
10. Signs should be appropriately scaled to match the size and scale of rear entrances.
11. Refuse containers should be screened from public view or integrated within the building’s architecture (consult with trash removal company prior to finalizing actual location).
12. Service equipment, utilities, and mechanical equipment should be screened from view and integrated into the building’s architecture to the greatest extent possible.
13. Second level residential units should have separate entrances from commercial uses, Residential entrances should be provided with private outdoor space (porches).
Secondary and primary entrances should
share consistent detailing and materials,
with forms scaled appropriately to
indicate their primary and secondary
nature
Paradise, California
E BUILDING
ENTRANCES
292
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21 F MATERIALS AND
COLORS
E BUILDING
ENTRANCES
A FORM, MASS, AND
SCALE
B ARCHITECTURAL
FEATURES
C CANOPIES AND
AWNINGS
D VISIBILITY/
WINDOWS
2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING 1-F: MATERIALS AND COLORS
1. Complimentary materials should be used that result in a cohesive building design. In general, variations in colors and materials are encouraged. Care should be taken, however, not to use too many materials that may result in visual clutter. If only one material is used, then articulation and detail should be used.
2. Integrate at least one material change, color variation, or horizontal reveal for every 12 vertical feet of building facade. Vertical spacing may be averaged over the height of the facade.
3. Integrate at least one material change, color variation, or vertical reveal every 50 horizontal feet of building facade. Horizontal spacing may be averaged over the length of the facade.
4. Use materials and finishes that are compatible in quality, color, texture, finish, and dimension to surrounding properties.
5. If imitation materials are used, the detailing, coloring, and visual appearance should be consistent with the material they are imitating.
6. Non-durable materials and finishes that are susceptible to weathering, wear and tear, and sun-damage or fading should be avoided. Materials should be selected, detailed, and finished for durability in Paradise’s climate. Painted wood surfaces facing south should be properly prepared for painting and have opaque high quality paints or sealants applied in multiple coats.
7. Buildings with multiple public-visible facades should us consistent material combinations, detailing, and material quality throughout all facades visible to the public.
8. Provide detailing at material transitions or terminations to reinforce the natural appearance of the material.
For example, stone or masonry should be wrapped around visible corners to provide the appearance of mass instead of a thin veneer.
9. Materials or finishes with subtle, neutral, or natural tones should be integrated with accent materials or details.
10. Materials or finishes that are intensely saturated or fluorescent are not permitted to be used as a primary materials, although they may be appropriate as accent materials.
11. Materials or finishes that are highly reflective, such as certain metals or reflective glazing, should not be used where they present a public nuisance or safety hazard.
12. Corporate image should be secondary in the design of projects, as branded buildings are difficult to reuse if vacated by the primary business.
13. Refer to the Appendix.
F MATERIALS AND
COLORS
293
22 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS
INTENTIONALLY LEFT BLANK
294
23 WWW.TOWNOFPARADISE.COM
SITE DESIGN:
INGRESS/EGRESS
PARKING CIRCULATION
PEDESTRIAN CIRCULATION
CREATING PLACES
PAVING/HARDSCAPE
LOCATION OF STRUCTURES
LANDSCAPING/IRRIGATION
FENCES AND WALLS
SITE FURNISHINGS
SITE LIGHTING
SERVICE, UTILITY, AND WASTEWATER TREATMENT AREAS
ENERGY EFFICIENCY
295
24 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS
INTENTIONALLY LEFT BLANK
296
25 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-A: INGRESS/EGRESS
VEHICLE ACCESS:
1. Major access points to developments should have coordinated access points whenever possible. Separated ingress and egress points with landscaped islands should be provided. Ingress or egress points should be coordinated with openings in the center median and existing or planned access points on the opposite side of the roadway.
2. Line of Sight: Sight distance for driveways should be protected with the use of visibility triangles on each side of the driveway to allow a passing motorist to view a car exiting a driveway. In this area, structures, fences, walls signs, plant materials and etc. with the exception of street trees should not exceed 2.5 feet in height above the street grade. Clear sight triangles will vary based on roadway speeds and other criteria. Refer to AASHTO (American Association of State Highway and Transportation Officials): A Policy on Geometric Design of Highways and Streets, Current Edition and the Town Engineer for additional requirements.
3. On-site vehicle circulation should be designed to discourage speeding throughout parking areas to minimize the potential conflict with pedestrians and parked vehicles. Radii for turns shall be designed to facilitate emergency vehicles to the satisfaction of the Fire Department.
4. Shared access drives between adjacent parcels of similar use should be utilized to minimize the number of curb cuts to the street. Reciprocal access and parking agreements, between compatible adjacent land uses, for pedestrians and vehicles are strongly encouraged.
5. Avoid use of parking bumpers in the parking areas to facilitate lot cleaning and snow removal.
6. Design must conform with Paradise Municipal Code Chapter 8.58 (Defensible Space and Hazardous Fuel Management).
Coordination of major access
points, alerts vehicles upon entry
point
Entry monument creates a
possible site triangle conflict for
users
Old Town Temecula, California
Egress and ingress point is
divided by landscape island
Landscape materials help prevent
glare/reflection from opposing
vehicles
Edmond, Oklahoma
A INGRESS/EGRESS
AREA CLEAR OF
OBSTRUCTIONS
AREA CLEAR OF
OBSTRUCTIONS
DISTANCE VARIES’ DISTANCE VARIES’ DISTANCE VARIES’
Graphic provides an example of
site triangles and it does not cause
obstructions to view for users
Sight Triangle, Mark Thomas
297
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
26 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-B: PARKING CIRCULATION
• Refer to Paradise Municipal Code Chapter 17.38 (Off-Street Parking and Loading Regulations) for specific parking lot requirement.
ACCESS:
1. Vehicle access should be carefully considered for a clear and uniform traffic pattern through the lot.
2. Parking lots should include clear pedestrian paths to enhance pedestrian access and safety.
LOCATIONS:
3. Refer to Paradise Municipal Code Chapter 17.38 (Off-Street Parking and Loading Regulations) for parking lot location. Parking that does front on streets should be screened with an attractive wall, fence or bushes that are a minimum of 30 inches high and a maximum of 48 inches high, and in a planter with a minimum width of 5 feet.
Considers a clear and uniform traffic pattern through
the lot
Considers parking for multiple businesses within the
Clark Road area
Does not provide adequate tree shading
Considers clear pedestrian paths
Adjacent to property, enhances the security and efficiency for user
Provides adequate tree shading
The Transcript Avenue Lot, Lexington, Kentucky Chapel Hill, North Carolina
B PARKING
CIRCULATION
298
27 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-B: PARKING CIRCULATION (CONT.)
LANDSCAPING:
4. Parking lot perimeters that have street frontage should provide an aesthetically pleasing visual buffer and follow the same general guidelines as proposed for the rest of the community commercial area.
5. Plants chosen should be easily maintained, resilient to excess pedestrian traffic, and tolerant of excessive heat gain from asphalt parking areas. Consideration should be given to native plants.
6. Parking lot landscaping shall not prevent a clear view for emergency services such as the fire and police department.
7. Plant heights within parking lot islands and perimeter buffers should not exceed 30 inches in height, and should be evergreen in nature.
8. Accent color is encouraged. Deciduous trees should be selected to provide a minimum of 50% shade coverage of total parking area, not including drive aisles, at maturity. Planter islands in parking lots shall be a minimum of 6’ x 6’. Refer to the Planting Palette in the Appendix.
Considers drought tolerant plants
Clear view of emergency vehicles
Does not consider adequate tree shading
Provides a pleasing visual buffer
Plant palette considers easy maintenance landscaping
Portland, Oregon Little Bay Park, Whitestone, New York
B PARKING
CIRCULATION
299
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
28 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-C: PEDESTRIAN CIRCULATION
Where structures adjoin public areas, and along internal circulation paths of the corridor, provide pedestrians with the greatest possible sense of safety, comfort, aesthetic pleasure, and connection to building activities at edges.
WALKWAYS:
1. Pavement and treated walkways add visual interest and allow pedestrians to visit multiple buildings located at one site.
PEDESTRIAN SHELTER:
2. Provide shade from the summer sun (and protection from the rain, when possible) with street trees, trellises, awnings and other devices along street frontages and paths internal to the project, especially on the south side of buildings.
Provides adequate shade
Allows for circulations paths,
enhances safety and comfort
Shelter design does not
complement the aesthetic of the
Town
Walkable space
Natural tree shading
Too dense of tree planting, can cause a
fire hazard
Shelter design complements the
aesthetic of the Town
Provides seating for users
Does not provide adequate
shade
Sonoran Shelter, Marana, Arizona Phoenix, Arizona Seaside, California
C PEDESTRIAN
CIRCULATION
300
29 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-C: PEDESTRIAN CIRCULATION (CONT.)
AESTHETIC QUALITY:
3. The highest detail and material quality for projects should be placed where pedestrians have the greatest and closest contact with the project.
SEMI-PRIVATE SPACES ON STREET:
4. Porches, patios, balconies, and courtyards that allow residents of multiple projects or other users to actually and symbolically claim the space; should be placed along pedestrian paths wherever possible. This will provide clarity about who has the right to control a space, and thus a greater sense of security for the user and an increased potential for social spacing.
OBSERVE ALL OUTDOOR SPACES:
5. The ability to observe all outdoor spaces from windows in shops, offices, or upper level residences and from porches and other private and semi-private outdoor spaces should be provided.
Existing spaces used to provide
spaces for outdoor dining
Encourages social connections
Does not provide a clarity who
has the right to control the space
Provides a clarity who has the right
to control the space
Usage of landscaping as a screening
Massillion, Ohio Penetanguishene, Ontario, Canada
C PEDESTRIAN
CIRCULATION
301
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
30 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-D: CREATING PLACES
Create spaces that are clearly defined to satisfy gathering and privacy needs of people at various scales. Each scale should be appropriate to the role of the space in the community.
PUBLIC AND SEMIPUBLIC OPEN SPACE :
1. Design common open spaces to support the ability to create special places in the project. (Examples: Parks, plazas, and other shared open spaces.)
2. Designers shall not design isolated spaces that may encourage homeless encampments.
VISIBLE OPEN SPACE:
3. Courtyards and other common open space, internal to buildings or groups of buildings, should be as visible as possible to and from the street, and provide a “transition” between the street and private areas near the building or courtyard.
Courtyard common space
Provides a transition
Design might encourage transients
Common open space
Ability to create special places in project
Visible open space
Brooklyn, New York Greenwood, Indiana
D CREATING PLACES
302
31 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-E: PAVING/HARDSCAPE
FITTING INTO CLARK RD. AND COMMUNITY COMMERCIAL DEVELOPMENTS:
1. Hardscape design should reflect the inherent character of the Community Commercial area with formal patterns and layout.
PAVEMENT TREATMENTS:
2. Support the project design concept with paving and hardscape materials selected to best complement materials, textures, and color of proposed structures, and to enhance the proposed landscaping.
QUALITY OF DESIGN:
3. Interesting paving patterns are encouraged. The uniqueness of a well designed hard surface that fits or complements the visual features of the surrounding area can enhance the overall project design. Front entries to businesses can represent the individuality of the occupants with differing hardscape treatments.
Slip resistance surface
High quality material
Complements the Town’s aesthetic
Creates banding that enhances the space
Encourages interesting paving
patterns, provides individuality
Ardmore, Pennsylvania Angola, Indiana Kennedy St., Washington D.C.
E PAVING/
HARDSCAPE
303
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
32 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-E: PAVING/HARDSCAPE (CONT.)
MATERIALS:
4. High quality building materials are recommended. The use of complementary paving materials to create banding and/or borders can greatly enhance the richness of a paving surface without adding extraordinary project costs.
SAFETY:
5. All paving and hardscape surfaces should provide the proper slip resistance to prevent potential injuries.
Property owners and designers should check the Paradise Municipal Code and with Town building officials for current codes concerning this issue.
E PAVING/
HARDSCAPE
304
33 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-F: LOCATION OF STRUCTURES
Locate structures to create usable outdoor places and continuity of desirable characteristics of adjoining structures along the street face. Locate buildings on the site to complement the natural topography.
1. Site features such as trees, creeks, and views of surrounding landscapes should be considered as prime design determinates in planning new commercial centers.
2. Building placement should consider site circulation, should not impede traffic flow or accessibility from adjacent roadways, and should blend with the setback and pattern of development on adjacent sites. Clustered building arrangements are preferred.
3. Planned Developments and multi-building complexes should have an integrated design with respect to building placement, proportion, color, roof lines, and other architectural details.
4. Pedestrian open spaces such as covered walkways, courtyards and plazas are encouraged, as well as the development of open and attractive passages between buildings and blocks.
5. Minimize the visual impact of large scale commercial/industrial uses such as large expanses of parking area, large utilitarian buildings, signage and lighting.
6. Wastewater Treatment equipment should always be located in the back portion of the property, or the portion of the property least affected by public view (including residential areas). In those instances where high ground water or other site restricting elements does not permit the wastewater equipment to be totally obscured from sight, than a decorative, secured privacy wall with landscaping will be required.
Provides a transitional space
Encourages public access
Old Sacramento, California
F LOCATION OF
STRUCTURES
305
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
34 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-G: LANDSCAPING/IRRIGATION
PLANT SELECTION:
1. The landscape design should balance the needs of the natural environment and its human inhabitants. Each site should be analyzed to determine the specific functional and spatial requirements.
2. Select plants and trees appropriate to the Paradise area that blend with and complement the surrounding neighborhoods, and that are sized appropriately for maximum healthy growth within the planting area. Refer to the Planting Palette in the Appendix.
3. Incorporate appropriate landscaping that includes a variety of trees,shrubs and other planting.
4. On-center spacing shall not follow a specified formula but should provide for a visually uniform canopy that creates minimum obstruction of signage, street lighting, and building entries.
5. Colorful ground plantings at intersections shall be encouraged.
6. Ground cover planting, with the exception of turf, shall be encouraged within parkway strips and commercial frontages.
7. Refer to Paradise Municipal Code Chapter 8.58.060 (Defensible Space/Hazardous Fuel Management Requirements) for five (5) feet non-combustible perimeter.
Landscape design enhances a
balanced environment
Incorporates variety of planting
Complements the environment
Drought tolerant plant palette
Minneapolis, Minnesota Aurora, Oregon
G LANDSCAPING/
IRRIGATION
306
35 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-G: LANDSCAPING/IRRIGATION (CONT.)
PARKING LOT LANDSCAPING:
1. Large expanses of parking should be broken up with landscaping and pedestrian walkways with pedestrian scale lighting. Adequate directional mechanisms such as curbing and parking lines should be provided. Crosswalks across vehicular lanes should be clearly delineated to promote pedestrian flow between parking areas and building entrances.
DIVIDERS:
2. Planted areas in parking lots and driveway entrances should be large enough to function as a physical divider, provide an aesthetic landscape area, and be easily maintained.
3. Plants should not intrude ingress/egress areas and vehicular access.
MECHANICAL IRRIGATION VS HAND WATERING:
4. The plant material lives a healthier life cycle with consistent supplemental watering. An automatic, underground, irrigation system is required to promote and/or protect the landscape investment that is installed with new projects.
G LANDSCAPING/
IRRIGATION
307
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
36 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-G: LANDSCAPING/IRRIGATION (CONT.)
DRIP IRRIGATION:
5. Drip irrigation is the most efficient means to deliver supplemental water to plant material, but it requires more attention and maintenance than a conventional spray system. Drip irrigation is recommended for water conservation and reduction of water runoff, but if proper maintenance can not be provided, a conventional spray system is preferable.
6. Irrigation design shall meet California MWELO (Model Water Efficient Landscape Ordinance) Requirements.
SPRINKLER:
7. All sprinkler heads (when used) adjacent to walks, curbs, or any pedestrian way should be pop-up varieties.
Adjust all sprinkler heads to provide even coverage and to avoid overthrow onto walks, walls, and windows.
Install anti-drain valves to prevent line drainage and soil erosion. Irrigation heads within turf grass areas should provide head-to-head coverage. Turf grass planting should be irrigated separately from shrub/ground cover areas. Trees should be deep irrigated with bubblers.
8. When installing overhead sprays near impervious paving, irrigation shall have a 24” minimum setback.
WATER CONSERVATION:
9. Select trees and plants that reflect the climate of Paradise and minimize water consumption. Refer to the Planting Plan in the Appendix.
Drip Irrigation System, Netafim Sprinkler System, Rainbird
G LANDSCAPING/
IRRIGATION
308
37 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-H: FENCES/WALLS
DETAILING AND MATERIALS:
1. Detailing and materials of walls and fences shall reflect the style and character of the building and its site. Walls should be painted to match or complement the surrounding architecture. Brick and natural stone should not be painted.
2. For fencing material within five (5) feet from any structure, see Paradise Municipal Code Chapter 8.58 (Defensible Space and Hazardous Fuel Management). Any materials not listed in the Paradise Municipal Code Chapter 8.58 will require approval from Town Officials. Chain-link fences, plywood, barbed wire, and concertina (razor) wire fences are discouraged for fences that face Clark Road.
SCREENING:
3. Where large expanses of fencing are unavoidably exposed, they should be screened with upright shrubs or trellised vines. A combination of fencing and landscaping shall screen public views of the following:
- Parking lots
- Trash disposal areas
- Service and loading/unloading areas
Wall style complements the
Town’s aesthetic Encourages property boundary
Provides privacy and security
Aesthetically appeasing
Wood material has the potential
to be flammable
Provides adequate screening
Combination of fencing and
landscaping
Hayward, California Brooklyn Park, Minnesota Marshfield, Massachusetts
H FENCES/WALLS
- Equipment on the roof, side of building, or ground
- Wastewater treatment equipment
- Equipment storage yards
309
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
38 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX ADA accessible and dog-friendly All weather and is tied in with the Architecture Neutral Colors, See Appendix for color suggestions ADA accessible
2-I: SITE FURNISHINGS
Utilize site and street furniture of a design, material, and color that best complements the proposed structure and landscaping concept.
DESIGN:
1. The proposed furnishings should be of a quality consistent with the surrounding neighborhood. Furniture, such as benches, chairs, tables, and drinking fountains, should be simple in character and compatible with the style, color, and scale of adjacent buildings and outdoor spaces.
DRINKING FOUNTAINS:
2. The inclusion of drinking fountains within outdoor spaces, adjacent to businesses, transit stops and multifamily residential buildings, is encouraged.
BENCHES:
3. Benches should be placed in an area where it is easily accessible and made of all-weather materials. Metals should have a non-corrosive finish. The style should work with the architecture of the business and maintained by the same business.
Outdoor Fountain, Elkay Commercial Park Bench, BYO Recreation Contemporary Table, Victor Stanley (Maryland)
I SITE FURNISHINGS
310
39 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-I: SITE FURNISHINGS (CONT.)
TABLES:
4. Benches should be placed in an area where it is easily accessible and made of all-weather materials. Metals shall have a non-corrosive finish. A shade canopy is highly recommended for seasonal weather.
TRASH RECEPTACLES:
5. Trash receptacles should be placed in an area where it is easily accessible and made of all-weather materials.
Metals should have a non-corrosive finish. The style should work with the architecture of the business and maintained by the same business.
PLANTERS:
6. Raised planters are acceptable and should be fabricated with durable all-weather materials. Pots should not drain onto sidewalks and are encourage to use the plant materials suggested in the Appendix.
Maintained and provided for
outdoor seating areas
Meets Town code
Aesthetically appealing
Accessible
Well maintained and accessible
Impeding pedestrian movement
Trash Receptacle, Victor Stanley (Maryland) Bike Racks, Reliance Foundry San Francisco, California
I SITE FURNISHINGS
311
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
40 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-I: SITE FURNISHINGS (CONT.)
BIKE RACKS:
7. Bike racks should be placed in an area where it is easily accessible and made of all-weather materials. Metals shall have a non-corrosive finish. Bike racks should meet CalGreen (California Green Building Standards Code 2019) Standards and not be located in area to hinder pedestrian movement.
BIKE STORAGE:
8. Bike storage should be placed in an area where it is easily accessible and made of all-weather materials. Metals shall have a non-corrosive finish. Bike storage should meet CalGreen (California Green Building Standards Code 2019) Standards and not be located in area to hinder pedestrian movement.
J SITE LIGHTING
312
41 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-J: SITE LIGHTING
Site lighting shall have a scale, design, and color that best complements the character and design of the adjacent structure. Lighting should be visible from the exterior of a building and the project’s boundaries should be limited to that necessary for security, safety, and identification. It should also be screened from adjacent areas and not be directed in an upward manner or beyond the boundaries of the parcel on which the building is located.
PATH:
1. Paths through covered or open courtyards should be illuminated.
LOCATION AND DESIGN:
2. Lighting should be accomplished in a manner that does not create glare for pedestrians, drivers, or adjacent properties. If light fixtures are visible, they should have a low enough intensity or have adequate diffusing lenses to minimize their brightness. The emphasis should be on lighting landscape, pedestrian spaces, or building surfaces. Lighting style shall be compatible with the street theme. Refer to Paradise Municipal Code for parking lot height and location requirements.
Light fixture complements the
Town’s aesthetic, providing a
“traditional” look
Type of lighting does not cause
glare for users
Light fixture encourages individuality of
design Light fixture complements the
Town’s aesthetic
Illuminates paths for user
New York City, New York Erwin, Tennessee Commercial Lighting, Sternberg Lighting, Illinois
J SITE LIGHTING
313
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
42 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-J: SITE LIGHTING (CONT.)
UNDER CANOPY AND ENTRY LIGHTING:
1. Under canopy and entry lighting shall be placed to illuminate the pedestrian walkway which may be shaded from streetlights. These fixtures may be recessed down lights or pendant fixtures set in the soffit or other wall mounted shaded fixtures.
PARKING LOTS:
2. Parking lots must provide adequate lighting for safety. Lighting should complement the building lighting fixtures. Refer to Building Design, Section 1.B. for lighting on building facades.
Provides adequate entry lighting
on the exterior of the building
Lighting does not extend beyond
awning to provide lighting under
canopy
Light fixture complements the
Town’s aesthetic
Illuminates paths for user
New York City, New York New Prague, Minnesota J SITE LIGHTING 314
43 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX Enclosure is aesthetically pleasing
Compatible materials
Landscape screening
Compatible materials
Napa, California Escondido, California
2-K: SERVICE, UTILITY, AND WASTEWATER TREATMENT AREAS
TRASH AND RECYCLING ENCLOSURE DESIGN:
1. Prior to the design of a trash enclosure it is recommended that the applicant consult with the trash hauler company providing refuse collection services to the property. The enclosure shall be integrated with the building through the use of compatible materials and detailing; for example, if the building is brick, then the enclosure shall be brick to match. In addition, landscape screening is desirable. - Masonry is the most appropriate material for trash enclosures because of its extreme durability. The exterior shall be designed to be compatible with the building design. - If the exterior of the building is primarily wood siding a wood enclosure may be approved provided the following guidelines are met:
- The walls are constructed, at a minimum of 2x4’s at 16” on center. - The walls shall sit on 6” high concrete curb which shall extend into the interior of the enclosure, serving as a wheel stop to prevent the trash bin from coming in contact with the walls. - The exterior shall be sided with the same material as the building. - The interior shall be sheathed in 3/4” plywood and painted to provide a washable surface. - Wood fencing, chain link fencing and chain link with redwood slats are not acceptable trash enclosure materials. Exposed concrete block may not be acceptable unless adequately detailed and screened.
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
315
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
44 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 2-K: SERVICE, UTILITY, AND WASTEWATER TREATMENT (CONT.) SERVICE AREA ENCLOSURE:
2. They may also stand apart from the building. In these cases the enclosure shall be constructed of substantial, durable materials that are compatible with the building finishes, as noted below, and shall be screened with landscaping in a planter which shall be along the entire trash enclosure wall perimeter.
MECHANICAL, ELECTRICAL SERVICES AND SITE EQUIPMENT:
3. New surface mounted exposed conduit or electrical lines are not acceptable. Electrical switch gear, meters, etc., which are visible to the public must be screened or housed in an enclosure that is compatible in design to the structure.
- Site equipment such as vapor recovery units, transformers, gas and electric meters, irrigation controls, fire department connections, sprinkler risers, etc., must be screened from view at both the front and rear of buildings by landscaping and/or approved enclosures while still providing service and maintenance access.
ROOF MOUNTED EQUIPMENT:
4. Roof mounted equipment must be thoughtfully located. Air conditioners, fans, vents, antennae, and other roof top equipment must be set back from the roof edge sufficiently to be out of the line of sight of a pedestrian on the opposite side of the street, or this equipment must be screened from view. Screening materials should be substantial, durable materials, compatible with the design and materials of the building. Refer to Building Design for specifications.
WASTEWATER TREATMENT FACILITIES:
5. Wastewater treatment equipment must be secured behind an approved fence system and obscured from site by landscaping. Facilities that are located within the public view will have more site-obscuring landscaping required.
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
316
45 WWW.TOWNOFPARADISE.COM
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX
L ENERGY
EFFICIENCY
2-L: ENERGY EFFICIENCY
Incorporate practical energy efficient strategies in the project design. Refer to the current California Green Building Code located online at, https://codes.iccsafe.org/content/CAGBSC2019/cover. The following list of the most practical energy efficiency strategies for building design apply to both residential and commercial uses, unless stated otherwise. Strategies should be integrated into the design of the building and not “tacked on.” SITE DESIGN ELEMENTS:
1. Deciduous trees should be a part of the landscape improvements, especially those that are positioned to shade windows, the building, air conditioning units, and paved areas, including the street. South and west facing sides of the building that are shaded with deciduous trees will save the most energy.
EQUIPMENT ELEMENTS:
2. Include well insulated envelopes that minimize conductive and convective heat transfer through walls, ceilings, elevated floors and window systems. Consider night ventilation, economizer cycles, direct and indirect evaporative cooling, and other efficient heating and cooling strategies. Consider passively cooled thermal mass in residential construction, solar water heaters integrated with the forms of buildings, efficient electric lighting systems, electric vehicle charging stations in new parking lots, elements that reduce water consumption (low flow fixtures, recycled grey water, etc.), and appropriate solar design including allowance for future distributed generation systems such as photovoltaics and fuel cells.
UTILITY CONSULTATION:
3. Early consultation with utilities on energy efficiency for medium and large-sized projects is strongly encouraged. 317
A INGRESS/EGRESS
B PARKING
CIRCULATION
C PEDESTRIAN
CIRCULATION
D CREATING PLACES
E PAVING/
HARDSCAPE
F LOCATION OF
STRUCTURES
G LANDSCAPING/
IRRIGATION
H FENCES/WALLS
I SITE FURNISHINGS
J SITE LIGHTING
K SERVICE/UTILITY/
WASTEWATER
TREATMENT
AREAS
L ENERGY
EFFICIENCY
46 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 1 - BUILDING 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX Promotes energy efficiency, car
charging station Light-colored finishes help keep the building cool Promotes energy efficiency Renton, Washington South Carolina Solar Panel, Carolina Solar
L ENERGY
EFFICIENCY
2-L: ENERGY EFFICIENCY (CONT.)
SITE LIGHTING:
4. Should be design to include cut-offs to minimize the negative effects of lighting of the sky.
SOLAR ACCESS - ADJACENT PROPERTY:
5. To protect solar options on adjacent properties, projects should be designed to respect solar access on adjacent properties. Refer to Building Design for specifications.
SOLAR ACCESS - ROOF AREA:
6. To allow for future solar options, projects should be designed to provide a south-facing roof area equivalent to 20% of the building floor area with unobstructed solar access. Refer to Building Design for specifications. 318
47 WWW.TOWNOFPARADISE.COM
SIGNS:
SIGN DESIGN CONSIDERATION
SIGN SIZE, COLOR, AND FONT
QUALITY AND MATERIALS
LOCATION ON BUILDING
ARCHITECTURE COMPATIBILITY & CORPORATE IDENTITY
319
48 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS
INTENTIONALLY LEFT BLANK
320
49 WWW.TOWNOFPARADISE.COM
A SIGN DESIGN
CONSIDERATION
B SIGN SIZE, COLOR,
AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-A: SIGN DESIGN CONSIDERATION
Signs are essential to any business. They are not only the most affordable means of advertising for many businesses, but also the first impression that the public gleans about your business. Well-designed and optimally visible signs are invaluable to a business, whereas ill-designed and incompatible signs detract from a business and can result in reduced patronage.
Signs are one of the most noticeable elements along Paradise’s commercial streets and play a major role in creating a visual image for the Town. Well-designed signs add to the Town’s attractiveness whereas signage that is poorly designed, constructed from low quality materials, or does not match the scale or style of the adjacent buildings reflects negatively on the streetscape and may negatively impact viewers’ perceptions of local businesses and the broader community. Because of these factors, the Town encourages well designed signage using high quality materials and a clearly communicated message. • Refer to the Paradise Municipal Code, Chapter 17.37 regarding current sign regulations.
It is in the interest of the Town, its residents, and local businesses that clear standards for sign design, materials, and placement are established to contribute to the expression of local character and the development of a distinctive Town image. The intent of the Town-wide Design Standards and criteria includes the following:
1. Assist property owners and business owners in understanding Town expectations.
2. Enhance the physical appearance of the Town.
3. Reduce the time and fees for processing sign approvals, when required.
4. Assist Staff reviewing sign permit applications by establishing criteria with which to judge the appropriateness of a sign’s design.
5. Clark Road Corridor signs should primarily be oriented toward vehicular traffic. The vehicle-oriented sign is usually read from a distance of 200 feet.
6. Signs within the Clark Road area shall be compatible with the architecture. The size and shape of a sign shall be proportionate with the scale and the architecture of the building and/or structure.
7. Signs shall contribute to the general appearance of the street and the character of the neighborhood in which they are located.
8. Monument signs shall be placed to establish design continuity, scale and proportion.
A SIGN DESIGN
CONSIDERATION
321
A SIGN DESIGN
CONSIDERATION
B SIGN SIZE, COLOR,
AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
50 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX Oriented towards vehicle
Clearly legible
Huntington Beach, California
Flush mounted wall signs with
backlighting
Good Visibility for multiple users
Location of sign on the wall
Denver, Colorado
3-A: SIGN DESIGN CONSIDERATION (CONT.)
9. As an alternative to an attached sign, individually mounted lettering is encouraged.
ENCOURAGED SIGNS:
10. Flush-mounted wall signs with backlighting.
11. Matte or non-glossy backgrounds as glare and shine can contribute to illegibility.
12. Prefer ivory or off-white backgrounds. Bright, stark white backgrounds contribute to illegible signs.
13. Awning signs (restricted to the valance or end flap); can be internally illuminated or backlit.
14. Ground-mounted monument signs with landscaping.
ACCEPTABLE SIGNS:
15. Projecting, blade or hanging signs.
16. Illuminated signs where the panel is dark and the light is illuminated behind the letters.
17. Neon tube lighting on painted wall signs, on window signs.
18. Marquee signs for movie and theater and/or “community service” uses.
19. Building signs at customer accessible rear building entrances.
Midlothian, Virginia
Monument signage within
property line, highly visible.
Blocking sightlines for vehicles
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B SIGN SIZE, COLOR,
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C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-A: SIGN DESIGN CONSIDERATION (CONT.)
ACCEPTABLE SIGNS (CONT.):
20. Banners for special sales promotions, etc.
21. Portable signs professionally designed and temporary that comply with ADA accessibility and placed to not obstruct pedestrian movement.
22. Appurtenances must be compatible with building design and compliment surrounding businesses and area.
Natural coloring and landscaping is preferred. Appurtenances must go through the design review process in order to be approved.
DISCOURAGED SIGNS:
23. “Temporary” banners for business identification for more than 60 days unless extended by the Planning Director (per Paradise Municipal Code 17.37).
24. Animated, emitting, rotating, moving, or flashing signs; exposed raceways behind channel letters.
25. Abandoned signs.
26. Roof mounted signs upon buildings at or above street level (Refer to Paradise Municipal Code, Chapter 17.37 for exceptions).
27. Balloon signs, paper-, cloth-, or plastic-streamers and bunting (except holiday decorations).
28. Traffic sign replicas.
Mounted on roof per Municipal Code
Poorly constructed, unstable roof mounting
Eugene, Oregon
Pole signs; free-standing
Located in the public’s right of
way
Austin, Texas Milwaukee, Wisconsin
Temporary signs for daily
business use.
Obstruction to pedestrian
movement
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AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
52 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-A: SIGN DESIGN CONSIDERATION (CONT.)
DISCOURAGED SIGNS (CONT.):
29. Handmade portable signs that are not professionally designed, that violate ADA accessibility requirements, or that obstruct pedestrian movement.
30. Signs with obscene, indecent or immoral content.
31. Signs constituting a safety hazard.
32. Plastic or vinyl material stretched over a structure as a temporary sign except as allowed sign zoning code. 3-B: SIGN SIZE, COLOR, AND FONT
SIGN SIZE:
1. Refer to Paradise Municipal Code; Chapter 17.37 regarding current sign regulations. All signs shall relate proportionately in size and placement to other building elements.
2. Lettering should be proportionate to the size of the sign.
3. Window Signs: refer to Paradise Municipal Code; Chapter 17.37 regarding current sign regulations of window signs.
Size is at pedestrian scale
Blocking access to site
amenities or entries
Catallina Bay, California
Simple contrasting color scheme, See colors
in Appendix Section
Norcross, Georgia
Size appropriate to entrance
and building
Extending into Public Right of
Way
York, United Kingdom
B SIGN SIZE, COLOR,
AND FONT
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C QUALITY AND
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D LOCATION ON
BUILDING
E ARCHITECTURAL
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CORPORATE
IDENTITY
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4. Monument signs: are permitted if sight distance and engineering Right of Way specifications allow. New monument signs and monuments signs proposed in new developments are required to be landscaped. The landscape plan for the newly proposed monument sign must be reviewed as part of the Design Review process for the new sign.
SIGN COLOR:
5. Sign color is just as important as the textual content. To be effective, the color should contribute to the legibility and design integrity of the affected property and should complement the colors of the building. Due to our geographical setting, natural, earth-tone colors are the preferred color palette for buildings and signs in the project area. Neon florescent or bright colors are discouraged.
6. Encouraged colors: Natural, earth tone colors, such as: brown, beige, green, cream, muted reds, toned down blues, and pale yellows.
7. Discouraged Colors: Bright white, including excessively bright reds, yellows, greens, and blues. No florescent colors or glossy white backgrounds.
SIGN FONT:
8. A sign which contains too many fonts can be difficult to read, confusing and may appear disorganized. Some fonts can be very difficult to read at any reasonable distance.
Difficult to read
Confusing
Large bold lettering
Thin font with minimal background
contrasting
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CONSIDERATION
B SIGN SIZE, COLOR,
AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
54 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-C: QUALITY AND MATERIALS
All signs shall be constructed of high quality and weatherproof materials Appropriate materials shall be used for all elements of signs including all letters, exposed edges, and surfaces.
Except for decorative wrought iron, any exposed hardware such as conduit, tubing (except neon tubing), raceways, conductors, transformers, mounting hardware and other equipment shall be concealed.
A project proposed with inappropriate materials may apply for special considerations only if the Town sign permit administrator determines that one of the following is applicable:
- The proposed material, in the particular application, will blend well with the existing or new materials;
- Other materials would not achieve the same desired theme of the proposed use; or
- The overall architectural design and detailing is of such quality as to justify its use.
PREFERRED SIGN MATERIALS:
1. Metal, wood, print on canvas awnings, painted graphics on building surfaces.
ALLOWABLE SIGN MATERIALS:
2. Plexiglas, lexan or plastic, neon, vinyl lettering, other durable products deemed suitable for outdoor signs.
PROHIBITED SIGN MATERIALS:
3. Unfinished Plywood, particleboard, or paper.
All weather materials
Paradise, California
Fair Oaks, California
Enhanced lighting and durable
materials
Painted directly on building
C QUALITY AND
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B SIGN SIZE, COLOR,
AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-D: LOCATION ON BUILDING
FLUSH MOUNTED SIGN:
1. Sign placement should be symmetrically located within space that is defined by the building’s architectural features such as its massing and its trim.
AWNING SIGNS:
2. An awning is permanently attached to a building or can be raised or retracted to a position against the building when not in use. An awning sign is a message that is painted, printed, sewn, or stained onto the awning or awning flap.
3. The sign on awnings shall be placed on the awning flap. The flap shall be at least eight (8) inches in height and with enough contrast so that the letters and symbols can be easily read.
4. The color of an awning sign should be compatible with and complementary to the color and material of the building to which it is attached.
Flush mounting.
Emphasizes main entrance
Non contrasting colors
Dallas, Texas
Meets construction methods and
standards
On-well maintained awnings
Contrasting the building character
Nashville, Tennessee
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BUILDING
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CONSIDERATION
B SIGN SIZE, COLOR,
AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
56 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-D: LOCATION ON BUILDING (CONT.)
PEDESTRIAN-ORIENTED HANGING/SHINGLE SIGNS:
5. A hanging sign is generally located within a complex or plaza to be read by pedestrians along a sidewalk or arcade and by motorists in slow-moving vehicles.
6. The size of a hanging sign shall be proportional to the building façade to which it is attached and typically should not exceed ten (10) square feet.
7. A hanging sign can be hung perpendicular to but shall not project more than five (5) feet from the face of the building.
8. Hanging signs shall not be located within close proximity to other hanging signs or projecting signs, preferably maintaining a separation of at least twenty-five (25) feet from each other.
9. The placement of a hanging sign shall not impede the safe movement of people or vehicles within a public right-of-way and shall be properly secured to a building in a structurally sound manner.
PROMOTIONAL BANNER SIGNS:
10. Refer to the Paradise Municipal Code; Chapter 17.37 regarding current sign regulations referencing promotional banner signs.
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BUILDING
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CONSIDERATION
B SIGN SIZE, COLOR,
AND FONT
C QUALITY AND
MATERIALS
D LOCATION ON
BUILDING
E ARCHITECTURAL
COMPATIBILITY &
CORPORATE
IDENTITY
2 - SITE 3 - SIGNS 1 - BUILDING 4 - STREETSCAPE 5 - APPENDIX 3-E: ARCHITECTURAL COMPATIBILITY & CORPORATE IDENTITY
ARCHITECTURAL COMPATIBILITY - COMPLEMENT BUILDING:
1. Signage shall be modestly scaled and shall be incorporated into an architectural element that complements the overall character of the building. All signs shall relate proportionately in placement and size to other building elements, and sign style and color should complement the building façade.
CORPORATE IDENTITY:
2. Corporate identity shall be secondary in the design of projects, and projects shall be consistent with the architecture of the surrounding community.
- Signs: Corporate signage for renovations shall be modest in scale and located to be compatible with the existing building.
Not out of scale with building
Oversized corporate stamping
Standard corporate identity within
private development lot
Non-standard placement or appearance
Placement complements
business entrance and identity
Within scale
Paradise, California Ridgeland, Mississippi Fountain Valley, California
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IDENTITY
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LANDSCAPE DESIGN
PRESERVATION OF TREES
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B PRESERVATION OF
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2 - SITE 3 - SIGNS 4 - STREETSCAPE 1 - BUILDING 5 - APPENDIX Fair Oaks, California Camden, Pennysylvania Seattle, Washington 4-A: LANDSCAPE DESIGN
Attention should be paid to the selection of plants with natural water conserving tendencies that also promote aesthetic and functionality of the landscape. Plants in public places should be hardy, easy to maintain, and promote a safe environment for the visitor. Refer to the Paradise Municipal Code for the requirements concerning streets, sidewalks, curbs, gutters and etc. before designing the site landscaping.
LINE OF SIGHT:
1. Sight distance for driveways should be protected with the use of visibility triangles on each side of the driveway to ensure adequate visibility. In this area, structures, fences, walls and plant material, with the exception of street trees, should not exceed 2.5 feet in height above the street grade. Clear sight triangles will vary based on roadway speeds and other criteria. Refer to AASHTO (American Association of State Highway and Transportation Officials): A Policy on Geometric Design of Highways and Streets, Current Edition and Paradise Development Regulations for additional requirements.
Allows of good pedestrian visibility
Color Palette
Maintained plants
Provides pedestrian line of sight
Provide adequate planter area
Deciduous tree
Encroaches the public right of
way
Fair Oaks, California Camden, Pennysylvania Franklin, Massachusetts
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DESIGN
B PRESERVATION OF
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62 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 4 - STREETSCAPE 1 - BUILDING 5 - APPENDIX 4-A: LANDSCAPE DESIGN (CONT.)
FORMS:
2. Use landscape forms, such as hedges, trellises, fountains, and arbors to create public and private places. Accent color is encouraged. Deciduous trees shall be selected to provide a minimum of 50% shade coverage of total parking area, not including drive aisles. Minimum planter islands in parking fields shall be 6’ x 6’. Refer to the Planting Palette in the Appendix.
SAFETY:
3. Visibility is critical in creating a safe environment and landscape should be designed with safety in mind. Using trees with tall canopies and low shrub materials (less than 36” in height) will facilitate visibility throughout the property. Parking lot landscaping shall not prevent a clear view for emergency services such as the fire and police department.
STREET TREES:
4. Balance long-term viability of trees with the need for greater or lesser setbacks where conflicts with existing street trees exist. Street trees shall be selected from a mixed palette and shall consist of both deciduous and evergreen tree species with large broad canopies, including indigenous conifers. Provide adequate planter areas, irrigation source and maintenance.
FOUNDATION PLANTING:
5. Plant heights within parking lot islands and perimeter buffers shall not exceed 30 inches in height, and shall be evergreen in nature. Only low-growing and high-moisture vegetation, such as flowers, groundcovers and green lawns, free of dead vegetative debris, shall be allowed within five (5) feet of any structure.
WATER CONSERVATION:
6. Select trees and plants that reflect the climate of Paradise and minimize water consumption.
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B PRESERVATION OF
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2 - SITE 3 - SIGNS 4 - STREETSCAPE 1 - BUILDING 5 - APPENDIX 4-A: LANDSCAPE DESIGN (CONT.)
PAVING/HARDSCAPE:
7. Refer to Site Design, Section 2.E for specific requirements. Pavement materials, colors, and finishes shall be developed in coordination with Town Staff.
LANDSCAPE IRRIGATION:
8. Refer to Site Design, Section 2.G for specific requirements.
LANDSCAPE SITE FURNISHINGS:
9. Refer to Site Design, Section 2.I for specific requirements.
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B PRESERVATION OF
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64 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 4 - STREETSCAPE 1 - BUILDING 5 - APPENDIX 4-B: PRESERVATION OF TREES
Street trees can be one of the most valuable assets to providing a city aesthetic character. Whenever possible, retain existing street trees and trees on sites that have been determined to be of significant value in contributing to the final landscape design.
ARBORIST:
1. Consult with a professional arborist for advice on the health and maintenance of existing trees and sections of street trees prior to design.
2. Preserve existing street trees. When replacing or building new sidewalks near existing historic trees, sidewalks should provide additional spaces and bend around widened tree trunks to lessen concrete root conflicts.
Provide appropriate new street trees that fit within the existing planting patterns.
HEALTHY TREES:
• New development shall minimize loss of healthy existing trees.
Salt Lake City, Utah
Appropriate tree staking
Sacramento, California
Maintained tree canopy
B PRESERVATION OF
TREES
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APPENDIX:
GLOSSARY
DESIGN REVIEW COMMITTEE & PROCESS
PLANT PALETTE
COLOR PALETTE
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67 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING GLOSSARY:
ADDITION: New construction added to an existing building or structure.
ACCESSORY (OR ANCILLARY) STRUCTURES: A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use.
ALTERATION: Work which impacts any exterior architectural feature including construction, reconstruction, or removal of any building or building.
ANIMATED: Describes the use of building elements, areas, and colors that create variety and a sense of activity in and around a building.
APPURTENANCE: An appendage that is attached to a structure such as a roof top mechanical system, enclosed storage area, etc..
ARTICULATION: The dividing or segmenting of building elements into smaller components to create a sense of finer detailing. The variations in the exterior of the building or massing of buildings in a development. Elements of articulation may be described in terms of roughness of surface material, numbers of openings, patterns within the material or of different materials, massing, etc. Articulation can reduce the scale of larger buildings by the use of small detailed patterns.
BALUSTER: A turned or rectangular upright member supporting a stair rail.
BALUSTRADE: An entire railing system with top rail and balusters.
BARGEBOARD: A board which hangs from the projecting end of a gable roof covering the end rafters, and often sawn into a decorative pattern.
BAY WINDOW: A window in a wall that projects at an angle to another wall.
BOARD AND BATTEN: Siding fashioned of boards set vertically and covered where their edges join by narrow strips called battens.
BOLLARD: A vertical element designed to prevent the movement of vehicles across a roadway or into a pedestrian area.
BRACKET: An ornamental or structural member or both set under a projecting element, such as the eaves of a house.
CAPITAL: The head of a column or pilaster.
COLUMN: A vertical support, usually supporting a member above. 339
68 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING CORBEL: In masonry, a projection, or one of a series of projections, each stepped progressively farther forward with height and articulating a cornice or supporting an overhanging member.
CORNICE: The uppermost projecting part of an entablature, or a feature resembling it. Any projecting ornamental molding along the top of a wall, building, etc.
CRESTING: Decoration applied along roof ridges generally consisting of ornamental metal.
DENTILS: A row of small tooth-like blocks in a classical cornice.
DESIGN CONTINUITY: A unifying or connecting theme or physical feature for a particular setting or place, provided by one or more elements of the natural or created environment. Consistency in scale, quality, or character between new and existing development so as to avoid abrupt and/or severe differences.
DESIGN RHYTHM OR PATTERN: The regular or harmonious recurrence of lines, shapes, forms, elements or colors, usually within a proportional system.
DORMER WINDOW: A window that projects from a roof.
DOUBLE HUNG WINDOW: A window with two sashes, one sliding vertically over the other.
EAVES: The edge of a roof that projects beyond the face of a wall.
ELEVATION: The external faces of the building.
ELL: The rear wing of a house, generally one room wide and running perpendicular to the principal building.
ENGAGED COLUMN: A round column attached to the wall.
ENTABLATURE: The band of moldings near the top of a facade, divided into cornice, frieze, and architrave.
FACADE: The exterior walls of a building exposed to public view, or that wall viewed by persons not within the building.
FENESTRATION: The arrangement of windows on a building.
FINIAL: A pointed ornament at a gable peak.
FLUTING: Shallow, concave grooves running vertically on the shaft of a column, pilaster, or other surface. 340
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69 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING FRETWORK: Ornamental woodwork, cut into a pattern, often elaborate.
FRIEZE BOARD: A flat board at the top of a wall directly beneath the cornice.
GABLE: The triangular section of a wall to carry a pitched roof.
GABLE ROOF: A roof with a central ridge and one slope at each side.
HARDSCAPE VS. SOFTSCAPE: Hardscape street improvements that include paving elements, such as roads sidewalks, and medians.
Softscape improvements include landscaping elements, such as trees, bushes and other plant material.
HIPPED ROOF: A roof with uniform slopes on all four sides.
HOOD MOLD: A projecting molding above an arch, doorway or window.
IRRIGATION: Method of artificial watering, usually through automatic sprinkler systems.
LATTICE: An openwork grill of interlacing wood strips used as screening.
LINTEL: A horizontal beam or stone bridging an opening.
MANSARD ROOF: A roof with two slopes on all four sides, with the lower slope almost vertical and the upper almost horizontal.
MASSING: The distribution of building volumes in regard to a) the building’s relative location on the site; and b) the height, width, depth of the elements of a building relative to each other. An example of the second aspect could be “the bell tower of a church in relation to the assembly building of a church” are separate masses.
MEDIAN: A barrier placed between lanes of traffic flowing in opposite directions, usually wide enough to be landscaped and have trees planted in it.
METAL STANDING SEAM ROOF: A roof composed of overlapping sections of metal such as copper-bearing steel or iron coated with a thin alloy of lead and tin. These roofs were attached or crimped together in various raised seams for which the roofs are named.
MODILLION: A horizontal bracket, often in the form of a plain block, ornamenting, or sometimes supporting, the underside of a cornice.
MONOCHROMATIC: The use of one color.
MULLION: A vertical strip dividing the panes of a window. 341
70 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING MUNTIN: A secondary framing member to hold panes within a window or glazed door.
OPAQUE: A material that does not transmit light.
ORIENTATION: The direction that various sides of a building face.
PALLADIAN WINDOW: A window with three openings, the central one arched and wider than the flanking ones.
PARAPET: The extension of the main wall of a building above the roof level.
PAVING: Common terminology for surface materials. These can be asphalt paving, integral paving, stones, brick or concrete (See Hardscape).
PEDESTRIAN SCALE: A design relating to the scale of an average person.
PEDIMENT: A triangular space in a gable closed on all three sides.
PERSPECTIVE: The presentation of a building elevation from a three-dimensional orientation.
PILASTER: A square pillar attached, but projecting from a wall, resembling a classical column.
PORTE-COCHERE: A porch large enough to enclose wheeled vehicles.
PORTICO: A roofed space, open or partly enclosed, forming the entrance and centerpiece of the facade of a building, often with columns and a pediment.
PUBLIC IMPROVEMENTS: Publicly directed enhancements, often to streetscapes and other public amenities.
PUNCHED WINDOWS: Individual window elements as opposed to a continuous horizontal band of windows. Punched windows can be either in the same plane with the exterior surface or more appropriately recede behind the plane.
PYRAMIDAL ROOF: A roof with four identical sides rising to a central peak.
QUOINS: Stone blocks or bricks ornamenting the outside walls of a building.
REHABILITATION: To restore to a good condition while preserving significant features.
REMODEL: To reconstruct or alter.
RENDERING: The detailed colored presentation of a building elevation, perspective, or plan. 342
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71 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING RESTORATION: To bring back to a documented former condition or appearance.
RIGHT OF WAY (R.O.W.): Land publicly controlled, including streets, sidewalks and alleys.
SASH: The movable framework containing the glass in a window.
SCALE: Describes the relationship of objects size to another. A building’s scale might be described in relation to its neighboring context, to the components of the building itself, or to a human being. For the purpose of this text, “Human Scale” refers to buildings and streetscapes that comfortably relate to the human figure (pedestrians).
SCORING PATTERNS: Lines scribed into concrete, usually in sidewalks.
SCREENING: To visually separate, or mask for aesthetic purposes or privacy issues.
SETBACK: The distance between the building and any lot line.
SHADOW CASTING: The shade cast by a structure or building on the surrounding areas during the day and over various seasons.
SILL: A horizontal member at the bottom of a window or door opening.
SIDING: The exterior wall covering or sheathing of a structure.
SPALLING: Flaking of the outer face of masonry, often caused by expanding moisture in freezing conditions.
STREETSCAPE: A setting or expanse describing visible signage, fixtures, paving, landscaping, and buildings along a street way.
TERRA COTTA: Cast and fired clay units, used as ornamentation.
TRANSOM: Horizontal window like element above the door.
VERGEBOARD: The vertical face board following and set under the roof edge of a gable, sometimes decorated by carving.
WEATHERBOARD: Wood siding consisting of overlapping boards usually thicker at one edge than the other.
ZONING ORDINANCE: The Zoning Ordinance of the Town of Paradise. 343
72 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING DESIGN REVIEW PROCESS:
DESIGN REVIEW PROCESS:
The design review process is set by Council and is enumerated in Paradise Municipal Code Chapter 17.41. The specific steps are noted in detail in the application packet. The application packet is posted on the Town’s website. Applicants may submit for design review in concurrence with certain land use applications, however, building permits will not be issued without design review approval or conditional approval. An applicant may appeal any decision made by the Design Review Committee to the Town Council as set forth by the procedures in Paradise Municipal Code Chapter 17.41.
APPEALS TO THE DESIGN REVIEW DECISION:
The applicant may appeal staff’s decision to the Town Council by paying the appropriate fee, as adopted in the Town’s Master Fee Schedule. The appeal must be filed within 10 days of the decision with the Town Clerk’s Office. 344
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73 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING ENCOURAGED PLANT PALETTE:
STREET TREES:
BOTANICAL NAME:
Acer Rubrum
Calocedrus Decurrens
Liriodendron Tulipifera “Arnold’
Platanus Acerifolia ‘Bloodgood’
Platanus Racemosa
Quercus Douglasii
Quercus Ilex
Quercus Lobata
Quercus Rubra
Quercus Wislizenii
SECONDARY STREET TREES:
BOTANICAL NAME:
Cedrus Deodara
Prunus Cerasifera ‘Krauter Vesuvius’
Pyrus Calleryana ‘Aristocrat’
Tilia Americana
SMALL ACCENT TREES:
BOTANICAL NAME:
Arbutus Marina
Cercis Occidentalis
Cornus Nuttallii
Heteromeles Arbutifolia
Magnolia Stellata
Prunus caroliniana
Red Maple
Incense Cedar
Tulip Tree
London Plane Tree
Californica Sycamore
Blue Oak
Holly Oak
Valley Oak
Red Oak
Interior Live Oak
Deodar Cedar
Purple Leaf Plum
Aristocrat Pear
American Linden
Strawberry Tree
Western Redbud
Pacific Dogwood
Toyon
Star Magnolia (multi-trunk)
Carolina Laurel Cherry
LARGE SHRUBS (5’-6’ TALL):
BOTANICAL NAME:
Arbutus unedo ‘Compacta’
Cotoneaster Parneyi
Ilex cornuta
Ligustrum japonicum ‘Texanum’
Philadelphius Lewisii
Photinia Fraseri
Pittosporum Tobira
Pittosporum Tobira ’Variegata’
Prunus Caroliniana ‘Brite N Tite’
Prunus Laurocerasus
Raphiolepis Indica ‘Majestic Beauty’
Rhamnus spp.
Umbelluaria californica
Viburnum Opulus ‘Roseum’
MEDIUM SHRUBS (3’-4’ TALL):
BOTANICAL NAME:
Atriplex spp.
Berberis thunbergii ‘Atropurpurea’
Buxus Japonica
Dietes Vegeta
Grevillea Noellii
Hypericum Moseranum
Nandina Domestica
Pinus Mugo
Prunus laurocerasus ‘Otto Luyken’
Raphiolepis indica ‘Jack Evans’
Rhus integifolia
Rosa spp.
Dwarf Strawberry Tree
Parney Cotoneaster
Chinese Holly
Texas Privet
Wild Mock Orange
Photinia
Mock Orange
Variegated Tobira
Carolina Cherry
English Laurel
Majestic Beauty Raphiolepis
Coffeeberry
California Bay Laurel
European Cranberry Bush
Saltbush
Red Leaf Japanese Barberry
Boxwood species
Fortnight Lily
Grevillea
Gold Flower
Heavenly Bamboo
Mugo Pine
Otto Luyken Laurel
Jack Evans Raphiolepis
Lemonade Berry
Various Rose species
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74 TOWN OF PARADISE : DESIGN STANDARDS - CLARK ROAD & COMMUNITY COMMERCIAL DEVELOPMENT AREAS 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING ENCOURAGED PLANT PALETTE (CONT.):
SMALL SHRUBS (1’-3’ TALL):
BOTANICAL NAME:
Artemisia ‘Powis Castle’
Baccharis Pilularis ‘Pigeon Point’
Berberis Thunbergii ‘Crimson Pygmy’
Calycanthus Occidentalis
Carpenteria Californica
Chaenomeles ‘Stanford Red’
Cotoneaster dammeri ‘Lowfast’
Hemerocallis Hybrid
Heuchera S. ‘Santa Ana Cardinal’
Iris Germanica
Juniperus Conferta
Juniperus Horizontalis ‘Youngstown’
Mahonia aquifolium ‘Compacta’
Penstemon gloxinioides ‘Firebird’
Pittosporum tobira ‘Wheelers Dwarf’
Raphiolepis Ballerina
Rhus Ovata
Rosemarinus Ingramii
Spiraea bumalda ‘Anthony Waterer’
Artemisia
Dwarf Coyote Bush
Crimson Pygmy Barberry
Spice Bush
Bush Anemone
Flowering Quince
Lowfast Bearberry Cotoneaster
Daylily
Coral Bells
Bearded Iris
Shore Juniper
Youngstown Juniper
Dwarf Oregon Grape
Border Penstemon
Dwarf Tobira
Dwarf Raphiolepis
Sugar Bush
Collingwood Ingram Rosemary
Anthony Waterer Spiraea
GROUNDCOVER:
BOTANICAL NAME:
Arctostaphylos ‘Emerald Carpet’
Baccharis Pilularis ‘Twin Peaks’
Coprosma Pumila ‘Verde Vista’
Hypericum Calycinum
Juniperus Conferta
Rosmarinus officinalis
Trachelospermum Asiaticum
Trachelospermum Jasminoides
VINES:
BOTANICAL NAME:
Campsis Radicans
Clematis spp.
Lonnicera Japonica
Parthenocissus Tricuspidata
Dwarf Manzanita
Coyote Bush
Coprosma
St. Johnswort
Shore Juniper
Prostrate Rosemary
Asian Jasmine
Star Jasmine
Trumpet Vine
Clematis
Honeysuckle
Boston Ivy
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WWW.TOWNOFPARADISE.COM
75 2 - SITE 3 - SIGNS 4 - STREETSCAPE 5 - APPENDIX 1 - BUILDING COLOR PALETTE:
ENCOURAGED COLORS:
When considering future development, one has only to look around for inspiration. Paradise is located on a beautiful ridgetop in the Sierra Nevada foothills with breathtaking canyon views and heavenly blue skylines. A large portion of the Town is tucked away among the trees and the natural wooded forest. Fresh water lakes, rivers and waterways sustain the native habitat. The natural vegetation is awakened each Spring with vibrant color, while the Fall, not to be outdone, defies the winter frost with striking a splendor of crimson and gold. These are the colors of Paradise.
Since structural elements such as buildings and signs are designed to be part of the landscape for a long period of time, it is important to respect the existing view shed and follow desired design standards. Choosing a color palette from the natural environment ensures aesthetic harmony.
The common understanding of earth tones include a color scheme that draws from a palette of browns, tans, grays, greens, oranges, whites, blues and some reds. The colors in an earth tone scheme are muted and flat in an emulation of the neutral colors found in soil, moss, trees and rocks. Many earth tones originate from clay earth pigments, such as umber, ochre and sienna.
DISCOURAGED COLORS:
The right color palette enhances the attractiveness of a structure or sign face. Using compatible color families, hues, values and tones will ensure that colors blend well and fit in with the surrounding elements.
Some advertisers use bright colors to attract attention, which is acceptable for television and print media. However when designing permanent structures and permanent signs, colors should blend, enhance, and promote the natural beauty of the surrounding area. Therefore bright, intensively-toned colors are typically not viewed as a visually pleasing color choice for certain design elements.
Fluorescent colors are intense and brilliant with a strong, vivid color saturation. Therefore, fluorescent and other brightly toned colors which are mainly used to “stand out” and distract will not be eligible color choices for permanent structures.
When using digital processing for sign design, colors above 60% on the CYMK color chart will be questioned or prohibited. In other words, adding shades or diminishing tones of certain colors will be necessary to obtain design review approval for color palettes. 347
TOWN OF PARADISE
ORDINANCE NO. ____
AN ORDINANCE AMENDING TEXT REGULATIONS WITHIN
PARADISE MUNICIPAL CODE CHAPTER 17.41 [DESIGN STANDARDS AND DESIGN REVIEW]
RELATIVE TO UPDATED ADOPTION DATES
SECTION 1. Paradise Municipal Code [PMC] Section 17.41.200 [Adoption of Town of Paradise Design Standards], shall be amended to read as follows:
The Town Council does hereby repeal the Town of Paradise Downtown Design Guidelines dated May 14, 2002; and hereby adopts the Town of Paradise Design Standards dated March 9, 2010.
The Design Standards for the Greater RDA Area are hereby rescinded, and the Design Standards for the Downtown and the Clark Rd/Community Commercial Development Area are hereby updated by Town Council resolution April 12, 2022.
SECTION2. CEQA COMPLIANCE. The Town Council finds and determines that the enactment of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines section 15061(b)(3) (General Rule Exemption).
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, Town Clerk
APPROVED AS TO FORM:
________________________________
Scott E. Huber, Town Attorney
348
Town of Paradise
Council Agenda Summary
Date: April 12, 2022
Agenda Item: 6(a)
ORIGINATED BY: Eric Reinbold, Police Chief
REVIEWED BY: Kevin Philips, Town Manager
SUBJECT: Body Worn Camera/Vehicle Camera System - Sole-Source
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
Consider discussion and adopting Resolution No. 2022-__, a Resolution of The Town Council of The Town of Paradise Making Findings Concerning Sole Vendor For The Purchase of Body Worn Cameras, Vehicle Cameras, and Data Management Products and Services from Bodyworn, by Utility Associates, Inc. Body Worn Cameras, Vehicle Cameras, and Data Management Products and Services from Bodyworn, by Utility Associates, Inc. Pursuant To Paradise Municipal Code Sections 2.45.070B, 245.070C, and 245.070G. (ROLL CALL VOTE) Background:
The Paradise Police Department has been employing body worn camera systems since 2008.
This program was developed in line with department’s mission to serve this community with integrity, professionalism, backed with accountability and transparency. Body worn cameras (BWC) have become an industry standard and are a vital component within local government risk management strategies.
Currently, the Paradise Police Department’s BWC solution is the VieVu body cameras. This product has been purchased and sold by two different technology companies since its inception.
The latest company is no longer manufacturing this device as they have their own BWC and have ceased in maintaining the required data management software. The VieVu BWC has become obsolete. The VieVu BWC’s have also been deployed as dash-mount cameras. As the BWC’s have begun to fail, they are being replaced with the dash-mounted cameras. The Paradise Police Department projects that we will not have enough BWC’s to equip officers in the very near future.
Beyond the lifespan of the current BWC solution, both the BWC and dash-mounted cameras are limited in activation technology. The VieVu BWCs require manual activation to capture any given incident. And though officers are very well trained to activate their cameras, depending on the incident, the cameras may be activated late or not at all. This lapse in activation and lack of BWCs can lead to costly consequences both fiscally and in prosecutorial efforts.
Current BWC technologies address the issue of forgetfulness with auto-activation. Several triggers can be utilized to activate the BWC, for instance, if the lightbar is activated, if a service weapon is drawn, if the officer is in foot pursuit, just to name a few. Additionally, current vehicle camera solutions go far beyond just capturing footage in front of a patrol vehicle, some incorporate 349
automatic license plate readers (ALPR) and rear seat cameras for prisoner security. The ALPR serves the community’s interest by equipping law enforcement with tools to better investigate crimes within the community and to protect the community from the ne’er-do-wells that visit or are passing through. These technology opportunities are in line with Paradise Police Department’s mission, and dedication to serve our community.
Paradise Municipal Code Chapter 2.45 Purchasing System requires the Town to undertake certain purchasing procedures. Paradise Municipal Code Section 2.45.070 allows for exemptions to the Town’s formal bidding process under the following two applicable provisions:
B. When the commodity can be obtained from only one vendor. A commodity shall be considered obtainable only from one vendor when only one vendor offers it for sale, lease or rental, or when only one vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the town, or when there is a sole distributer or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area C. When the professional services are unique and not appropriate for competitive bidding
G. When computer software is required for a specific town service or activity and its selection is evaluated and determined by the purchasing officer based on the software being the most effective solution for the service or activity.
Analysis:
Staff proposes to use a sole-source justification to purchase and deploy 25 BWC and 15 Vehicle Camera solutions from Bodyworn, by Utility Inc, in the amount of $245,875 for a five-year contract.
The BWC market is vast and extremely competitive. Over the past two years, your police department contacted, evaluated, and considered several vendors. This included on site demonstrations and hands on testing and evaluations.
When considering the best solution for the Paradise Police Department, and the community it serves, we analyzed the following components:
Costs – In attempts to compare apples to apples, we received initial quotes from a variety of vendor sources. Bodyworn provided the best solution for the cost. Device functionality and Security – Most solutions provide a BWC device that attached to the outside of the uniform. Bodyworn uniquely mounts their device inside the uniform which prevents the device from getting knocked off and minimizes device damage potentials.
Camera Activation/Automation – Several vendors provided options to assist with the automation of camera activation. Bodyworn’s solution offers unique features that automatically alerts other officers, dispatchers, administrators, that an officer is down.
Meaning they are in a fight for their life or that they have been struck down somehow.
Additionally, by accessing CAD information, Bodyworn’s camera system can automatically activate when in proximity to an address the officer was dispatched to. Automatic License Plate Reader (ALPR) Integration – ALPR services were only offered by two organizations. Bodyworn’s solution was readily available to implement while the other option was well over a year out.
Data Management Systems – Every BWC vendor has a unique way to manage the masses of amounts of data these systems produce. Bodyworn’s solution goes well 350
beyond just managing the video recordings. Their digital ecosystem provides a robust monitoring framework that not only collects, transfers and stores data, it also monitors device health to include vehicle maintenance needs, allowing greater collaboration with vested town partners.
o Additionally, almost all BWC solutions require their cameras to be connected to a “docking station” in order to transfer footage from the device to the data management software/service. Bodyworn’s unique design and functionality begins transferring recorded footage immediately. No docking stations or waisted time waiting for evidence to be uploaded at the end of the shift. Customer Service – Bodyworn’s customer service has been in the business of taking care of their clients for more than 50 years. After speaking with several agencies deploying Bodyworn’s solution, their customer service has been at the top of their accolades.
Bodyworn truly gets what the Town of Paradise, and this department, is trying to do.
Based on Paradise Municipal Code Section 2.45.070 B, C and G, staff proposes to proceed with a direct purchase from this vendor without competitive bids. After researching available products and services, staff is completely satisfied there are no other vendors who could provide such a robust system at this price. Secondly, this purchase is wholly necessitated by a breakdown in essential equipment which is used to protect public health, safety, and welfare.
Financial Impact:
The total cost of the body worn camera/vehicle camera system is $245,875 for a five-year contract. The proposed funding source for this contract is Measure V funding through the FY 2021-22 Budget.
Currently, the Town has included in the Measure V budget for FY 2021-22 the purchase of portable and mobile police radios (net of insurance proceeds) in the amount of $388,440. The Town had also applied for Federal Community Project funding totaling $615,000 to be applied toward this project. This funding source was recently approved, and is expected to cover the majority of the total purchase price of this current budget for portable and mobile police radios.
As a result, the majority of the $388,440 that was originally budgeted through Measure V for the purchase of portable and mobile radios is available to be re-allocated towards other funding needs. The body worn camera/vehicle camera system has been identified as a priority project for the Police Department. As such, $245,875 of the original FY 2021-22 Measure V budget of $388,440 is proposed to be re-allocated toward the total cost of the five-year contract for the body worn camera/vehicle camera system.
This would retain $142,565 within the Measure V budget to be applied toward the purchase of portable and mobile radios. In conjunction with the Federal Community Project funding, the $142,565 retained within the Measure V budget is currently expected to be adequate to cover the total purchase price of the portable and mobile radios. 351
www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 1 March 24, 2022
Chief Eric R. Reinbold
Town of Paradise Police Department
5595 Black Olive Drive
Paradise, CA 95969
Dear Chief Reinbold
Utility Associates, Inc. (UA, herein) is honored that the Town of Paradise Police Department has chosen our Company to provide its Officers with the BodyWorn™ and Rocket IoT™ solution. We take great pride in our Law Enforcement Partnerships and look forward to adding your Department to the growing family of Departments and Agencies who have deployed BodyWorn™ and Rocket IoTTM with In-Car Video – the industry’s smartest technology for first responders.
Please allow this letter to serve notice that UA agrees to the following provisions as part of the service agreement that the Town of Paradise Police Department intends to enter into with UA:
1. Services Pricing Proposal:
a. Rocket IoT™ In-Car Video and Vehicle Communications Systems to Support a Total of fifteen (15) vehicles
b. BodyWorn™ Cameras to support a total of twenty-five (25) Officers c. ALPR Systems for two (2) patrol vehicles
d. Conversion of existing VieVu legacy video for viewing in AVaiLWeb™ (4.5TB) e. Period of agreement = Five (5) years from date of authorized signature f. Total system price: covering the scope and quantities specified in this offer for service - Includes all hardware, software licenses, BodyWorn™ generated data storage/retrieval, warranty, support for a period of Five (5) Years for: $245,875.00 g. Attachment A - (Direct Purchase Offer – Dated 3/23/2022) outlines the details of the services pricing proposal, with associated quantities.
2. Bill of Materials Included with the Offer: As part of the annual subscription price for Five (5) years, each system will include the following:
BodyWorn™ and Rocket IoT™ Vehicle Video/Communications/Camera triggers - Includes AVaiLWeb™ SaaS, Training and Configuration, Warranty and Technical Support with Unlimited BodyWorn™ Generated Video Storage and Download.
Officers (Qty. 25) will be equipped with the following:
a. One (1) BodyWorn™ Camera and 2 Mounts
352
www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 2 b. One (1) Holster Activation Sensor
c. One (1) Bluetooth BodyWorn™ Wrist/Belt Trigger
d. One (1) Safariland Protech 2.0 Bothell Armor Carrier made BodyWorn™ ready e. Officers may choose to have either 1 existing load bearing vest made BodyWorn™ ready or up to five (5) retrofits of existing uniform garments, to BodyWorn™ ready status per BodyWorn™ camera purchased. Additional uniforms after initial deployment will be governed by Subscription Service Agreement, section 1.1.6.
f. AVaiLWeb™ Video Management Software and Mapping Interface License g. Unlimited BodyWorn™ Generated Download & Storage – Based on Department’s Retention Policy
h. Smart Redaction Software License
i. Installation and Training – Onsite and Online Training Included j. CAD Integration and Activation
k. Full Warranty
l. 24/7 Technical Support for the Life of the Contract (60 months) Every Vehicle (Qty. 15) will be equipped with the following:
a. Rocket IoT™ Vehicle Control Unit, DVR, and Communications Hub b. In-Car Video Solution
c. One Forward and One Rear Facing Camera
d. Rocket IoTTM Vehicle Triggers
e. ODBII Vehicle Diagnostic Cables
f. Setup of Rocket IoTTM Control Interface through Vehicle MDC g. Installation, Validation, and Configuration
a. Due to the fact that three (3) vehicles will have Rocket IoT™ Communications and ICV installed when the vehicles become available from the manufacturer, UA has agreed to charge a one (1) time fee of $1,750.00 for the installation of those vehicles which is included in the original price of $245,875.00. This later installation date will be mutually agreed to by both parties. h. Unlimited Storage Access
i. CAD Integration and Activation
j. Battery Back-up for Rocket IoT™
k. Full Warranty
l. 24/7 Technical Support for the Life of the Contract (60 Months) Two (2) Vehicles will be equipped with the following:
a. ALPR Hardware Bundle (2 Cameras)
b. One (1) Ruggedized Tablet Display
c. Installation, Validation, and Configuration
d. Unlimited Storage Access
e. Full Warranty
353
www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 3 f. 24/7 Technical Support for the life of the Contract (60 Months)
3. Additional Units – Post agreement execution: Additional units, outside the scope of this offer, are subject to price increases, and will be quoted separately as requested of UA personnel a. Additional services quoted subsequent to this offer for service are quoted in 5-year increments
b. Services added, will extend the effective life of the original agreement to the end term of the most recent services contracted, regardless of quantities secured
4. Installation Services: Outside the scope of this offer, any Additional Units will be Subject to the Following:
a. Daily rate charges of $1,750/day are applied at a minimum of one (1) day for installs of less than ten (10) vehicles, per scheduled visit.
b. A charge for deinstallation of competitor equipment is assessed at a minimum of $100 per vehicle, with disposal at the site of installation. UA recommends disposal and recycling of electronics in accordance with local regulations. c. On average, one (1) UA Field Engineer is capable of 2-3 Installations of basic Rocket IoTTM In-car systems, per working day (dependent on-site conditions and vehicle type(s)). Working days are consecutive in order to avoid any additional fees.
5. Hardware Delivery:
a. This agreement requires that the customer can receive hardware within 4 to 6 weeks of contract execution.
b. The Customer agrees to maintain all hardware in a secure storage area until time of installation is coordinated by UA project management.
6. Subscription Service Agreement (SSA):
a. The Subscription Service Agreement asserts 99% uptime with 24/7 Technical Support.
This includes After Hours Call Back on any issues requiring immediate attention. On/Off Hour call backs will be provided on all issues directed to the 24/7 support team; this includes issues related to the upload and access to video, and any troubleshooting needed while an Officer(s) is/are on duty.
b. Details of the SSA are provided in Attachment (B).
354
www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 4 7. CAD Integration Services:
a. Services quoted for integration cover a standard scope of work for setting up a virtual SQL server for the purposes of imported CAD data replication into AVaiLWeb™.
Exceptions to this process must be worked out between the Customer and their current CAD Provider in a timely manner as to not impede deployment of UA service deliverables. UA will not assume any costs associated with exceptions to our standard work.
b. While rare, certain CAD vendors may resist sharing of information for the purposes of integrating and activating BodyWorn™ cameras based on calls for service. Any additional fees assessed by the CAD vendor, will be forwarded to the Customer for prompt payment. These fees are ultimately between the Customer and CAD vendor to reconcile.
355
www.bodyworn.com 250 E. Ponce de Leon Ave, Ste. 700, Decatur GA 30030 800-597-4707 5 8. Terms for Payment of Services: In consideration of the potential partnership between UA and the Town of Paradise Police Department, the following payment terms for a five-year service term will apply:
Payment 1: Paid Upon Signature of Offer Letter $245,875.00 Total: $245,875.00
We are privileged to work with the Town of Paradise Police Department on this project.
Respectfully,
Michael Nark, Chief Executive Officer
Offer Acceptance by Authorized Official: ____________________________________ Title: ____________________________________
Date: ____________________________________
cc. Amanda Havice, Chief Financial Officer
David Burns, Western Region Business Manager
356
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 1 Subscription Service Agreement
INTRODUCTION
This service agreement describes the levels of service that the Town of Paradise Police Department (“Client”) will receive from Utility Associates, Inc. (“UA” or “Supplier”).
Purpose
The Client depends on IT equipment, software and services (the IT system) that are provided, maintained and supported by the Supplier. Some of these items are of critical importance to the Client’s business.
This service agreement sets out what levels of availability and support the Client is guaranteed to receive for specific parts of the IT system.
This Service Agreement forms an important part of the contract between the Client and the Supplier. It aims to enable the two parties to work together effectively.
SCOPE
Parties
This agreement is between:
The Client: The Supplier:
Town of Paradise Police Department Utility Associates Inc. 5595 Black Olive Drive
Paradise, CA 95969
250 E. Ponce De Leon Avenue
Suite 700
Decatur, GA 30030
Chief Eric R. Reinbold
530-872-6241
POC:
Lieutenant Cameron Kovacs
[email protected]
530-872-6161 ext 203
Key Contact:
Amanda A. Havice
800-597-4707
[email protected]
Dates and Reviews
This agreement begins on the Effective Date of the agreement, which is the date of signature by the Client of the accompanying Offer Letter and will run for the term of the agreement plus any extensions of such agreement.
It may be revised at any point by mutual written agreement, including if there are any changes to the Client’s system.
357
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 2 Equipment, Software and Services Covered
This agreement covers only the equipment, software and services in the table below. This list may be updated at any time, with agreement from both the Client and Supplier.
Item Type Number of Items Item Priority
BodyWorn™ Camera Qty 25 Supplied by Utility 1
Bluetooth Controller Qty 25 Supplied by Utility 2
Holster Sensor Qty 25 Supplied by Utility 2
Existing Uniform Retrofits Officers may choose to have
either one (1) existing load
bearing vest made
BodyWorn™ ready or up to
five (5) retrofits of existing
uniform garments to
BodyWorn™ ready status per
BodyWorn™ camera
purchased. Additional
uniforms after initial
deployment will be governed
by Client Service Agreement
1.1.6. 3
AVaiLWeb™ Qty Unlimited Licenses
Supplied by Utility
1 Rocket IoT™ Communications Qty 15 Supplied by Utility 1 ALPR Hardware Bundle Qty 2 Supplied by Utility 1
Ruggedized Tablet Display Qty 2 Supplied by Utility 2
OBDII Vehicle Diagnostics
Cable
Qty 15 Supplied by Utility 3
CAD Integration and Activation Qty 1 Supplied by Utility 2 Refresh of BodyWorn™ Camera
at 36 months of contract.
Qty 25 Supplied by Utility 2
*Includes all services, installation, training, and configuration of the above listed equipment and cost proposal.
NOTE: Due to the fact that three (3) vehicles will have Rocket IoT™ Communications and ICV installed when the vehicles become available from the manufacturer, UA has agreed to charge a one (1) time fee of $1,750.00 for the installation of those vehicles. This later date will be mutually agreed to by both parties and fees will be paid at that time.
Exclusions
This agreement is written in a spirit of partnership. The Supplier will always do everything possible to rectify every issue in a timely manner.
However, there are a few exclusions. This agreement does not apply to:
● Any equipment, software, services or other parts of the IT system not listed above ● Software, equipment, or services not purchased via and managed by the Supplier Additionally, this agreement does not apply when:
● The problem has been caused by using equipment, software or services in a way that is not recommended (defined as intentional neglect, misuse, or destruction of the equipment) 358
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 3 ● The Client has made unauthorized changes to the configuration or set up of affected equipment, software or services. Unauthorized changes are defined as changes made by any party other than the Supplier to the software, hardware, or firmware that alter the system’s ability to record, upload, or view data.
● The Client has prevented the Supplier from performing required maintenance and update tasks. ● The issue has been caused by unsupported equipment, software, or other services of the Client.
This agreement does not apply in circumstances that could reasonably be said to be beyond the Supplier’s control. For instance: floods, war, acts of God and so on.
Regardless of the circumstances, the Supplier aims to be helpful and accommodating at all times and will do its absolute best to assist the Client wherever possible.
RESPONSIBILITIES
Supplier Responsibilities
The Supplier will provide and maintain the IT system used by the Client. This Agreement between the Supplier and the Client includes full details of these responsibilities.
Additionally, the Supplier will do the following:
● SaaS will be maintained at 99% uptime/availability or greater 24/7/365 ● Ensure relevant software, services and equipment are available to the Client including an appropriate level of spares
● Respond to support requests within the timescales listed below ● Take steps to escalate and resolve issues in an appropriate, timely manner ● Maintain good communication with the Client at all times Client Responsibilities
The Client will use the Supplier-provided IT system as intended.
The Client is responsible for maintaining power and internet connectivity at all video offload locations on the network. For offload via a Client approved third party or Supplier provided access point, the Client has the option of either (a) organizing an independent internet connection via its local provider with a minimum upload speed of 50 Mbps, or, (b) connecting the access point to its own network having a minimum internet upload speed of 50 Mbps. Upon execution of this Agreement, as part of the deployment process, a network assessment will be conducted of the Client’s upload speed for the transmission of data to the CJIS Compliant Cloud. In most cases, the Client should budget for an increase to their upload speed with their local carrier.
Additionally, the Client will:
● Notify the Supplier of issues or problems in a timely manner ● Provide the Supplier with access to equipment, software and services for the purposes of maintenance, updates and fault prevention
● Maintain good communication with the Supplier at all times
GUARANTEED RESPONSE TIMES
When a Client raises a support issue with the Supplier, the Supplier promises to respond in a timely fashion.
Response Times
359
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 4 UA provides a 99% uptime/availability commitment. All systems have health monitoring that assures that issues are typically addressed 24/7/365 by UA personnel before they become an impact to the performance of the service. For support provided to the Client directly, UA has a tiered response to support that will escalate the level of support depending on the situation. Tier 1 would be on-site support by the department staff after they have been trained by UA, which will alleviate most day-to-day issues that may pop up.
Problems beyond Tier 1 scope will be escalated to Tier 2, which is phone-based support, and from there to Tier 3, which is on-site technical support from a UA field engineer. The cost of the response time is included in this Agreement.
While most support calls are handled immediately, Tier 2 issues have guaranteed response times as shown below:
Item Priority Fatal Severe Medium Minor
1 1 Hour 1 Hour 2 Hours 3 Hours
2 2 Hours 2 Hours 4 Hours 6 Hours
3 4 Hours 4 Hours 8 Hours 16 Hours
Severity Levels
The severity levels shown in the tables above are defined as follows:
● Fatal: Complete degradation – all users and critical functions affected. Item or service completely unavailable.
● Severe: Significant degradation – large number of users or critical functions affected. ● Medium: Limited degradation – limited number of users or functions affected. Business processes can continue.
● Minor: Small degradation – few users or one user affected. Business processes can continue.
RESOLUTION TIMES
The Supplier will always endeavor to resolve problems as swiftly as possible. It recognizes that the Client’s systems are key to daily functions and must be functional in the field.
However, UA is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary.
In all cases, the Supplier will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to the Client.
SCOPE OF SERVICES
1.1.1 Access to Software. UA is the developer and owner of, or has rights to, certain enterprise mobile device tracking and messaging software known as “AVaiL™”, “AVaiL Web”, “Vehicle Diagnostics”, and “RFID Tracking” and related content to be provided to Client; such software, its related content and any related documentation provided by UA, and the means used to provide the software to Client and the services described herein are collectively referred to as the “Service”. Subject to Client’s payment of the applicable fees and Client's compliance with the terms of this Agreement, Client, its affiliates and its and their employees (“Licensed Users”) shall have the right to access and use the Service solely for Client’s and its affiliates’ internal business purposes. UA will issue to one Licensed User (“Client Administrator”) an individual login identifier and password (“Administrator Login”) for purposes of administering the Service. Using the Administrator's Login, the Client Administrator shall assign each Licensed User a unique login identifier and password (“User Login”) and provide such information to the Licensed Users and UA via the Service. Client shall not provide a User Login to any individual or entity that is not a Licensed User to use the Service. Client shall be responsible to ensure, by agreement or otherwise, that each Licensed User will: (a) be responsible for the security and/or use of his or her User Login; (b) not disclose such login identifier or password to any person or entity; (c) not permit any other person or entity to use 360
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 5 his or her User Login; (d) use the Service only in accordance with the terms and conditions of this Agreement and on the workstation software from which the Service is accessed. UA shall have the right to deactivate, change and/or delete User Logins of Licensed Users who have violated this Agreement and to deny or revoke access to the Service, in whole or in part, if UA reasonably believes Client and/or its Licensed Users are in material breach of this Agreement. Client shall be solely responsible for ensuring that the access to the Service by a Licensed User who ceases to be an employee of Client or one of its affiliates is terminated. UA shall have no responsibility for managing, monitoring, and/or overseeing Client’s and its Licensed Users' use of the Service. Client acknowledges that the Service may contain devices to monitor Client’s compliance with the terms and restrictions contained herein and Client’s obligations hereunder.
1.1.2 Operating Environment. Client is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment necessary to access and use the Service remotely via the Internet.
1.1.3 Changes to Service. UA may upgrade, modify, change or enhance (“Change”) the Service and convert Client to a new version thereof at any time in its sole discretion so long as such Change does not materially diminish the scope of the Service, in which event Client shall have the right to terminate this Agreement upon thirty (30) days written notice to UA. During the term of this agreement, if UA upgrades the version of the Service Client is using under this Agreement, Client will not be charged an upgrade fee. Should UA offer additional optional software modules in the future that complement the Software, Client may elect to purchase the optional software modules for an additional fee; however, Client has no obligation to do so.
1.1.4 Help Desk. UA shall provide 24/7 Client support in the form of a Help Desk. Clients reporting issues through email will receive confirmation of the issue within a reasonable time and will receive a callback the same business day if practical. The Help Desk is always subject to availability of our technical staff and clause 1.1.5 below.
1.1.5 Uptime Commitment.
a. Availability. The Service will be made available to Client and its Licensed Users twentyfour hours a day, seven days a week less the period during which the Service are not available due to one or more of the following events (collectively, the “Excusable Downtime”):
(i) Scheduled network, hardware or service maintenance; (ii) The acts or omissions of Client or Client's employees, agents, contractors, vendors, or anyone gaining access to the Service by means of a User Login;
(iii) A failure of the Internet and/or the public switched telephone network; (iv) The occurrence of any event that is beyond UA’s reasonable control, or (v) At Client’s direction, UA restricting Client’s and its Licensed Users access to the Service.
b. Commitment. Client is responsible for promptly notifying UA in the event of a suspected Service failure. For the purposes of establishing uptime herein, downtime begins upon such notification and ends upon restoration of Service. Subject to Client satisfying its obligations herein, UA guarantees that the Service will be available to Client and its Licensed Users at least 99% of the time during each calendar month, excluding Excusable Downtime ("Uptime Commitment"). If UA fails to satisfy the Uptime Commitment during a month, then UA will credit to Client a pro- rated portion of the Fees in the first month of the next succeeding calendar quarter following the failure. For purposes of this Section, "pro-rated portion of the Fees" means the product obtained by multiplying the applicable Fees during the month of the failure by a fraction, the numerator of which will be the number of hours that the Service did not satisfy the Uptime Commitment, and the denominator of which will be the total number of hours during the month that such failure occurred less Excusable Downtime.
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www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 6 1.1.6 Uniforms. UA’s BodyWorn™ Solution is the only body camera system available to law enforcement that features direct integration of camera hardware into the officer’s/deputy’s uniform. As part of the multi-year service agreement, UA will furnish the following allotments and services during initial project launch.
a. Retrofits of existing uniforms. A quantity of five (5) standard uniform garments, per BodyWorn™ camera purchased, will be modified to BodyWorn™ ready status, for the purposes of product integration with our camera hardware solution. UA will provide The Client with both uniform retrofit vouchers and packing slip templates. Note, both uniform vouchers and accurately completed packing slips are required for all retrofit requests being sent to UA for processing. Failure to provide accurate uniform information may result in delays of processing The Client’s request.
b. Retrofits of Standard garment types. Acceptable garment installation types offered at noadditional charge, as part of the initial project launch with a multiyear service agreement, include the following:
(i) Duty shirts (long or short sleeve)
(ii) Soft outer carrier vest
(ii) Standard soft-shell jacket
c. Retrofits of Non-standard garment types. Excluded from the initial project launch retrofitting service, which may still be modified to BodyWorn™ ready status at an additional charge, include the following: (please see table 1.2.1, for pricing details) (i) Polo shirts
(ii) Commando style sweaters
(ii) Tactical vest or outer plate carriers
(iv) Leather jackets
d. Certification of local uniform resellers. Following the recommendation of the Client, a local uniform reseller may be eligible to participate in UA’s uniform certification program. This program is designed to maximize the speed in which new recruits and/or existing Officers/Deputies receive BodyWorn™ standard uniform garment retrofits, post project deployment. Additionally, this program is designed to foster the support of local small businesses in your respective area.
(i) Resellers may participate in the certification program, for the purposes of retrofitting standard duty shirts and soft outer carrier vests only. All other nonstandard garment retrofits should be forwarded to UA, at the expense of The Client.
(ii) As part of the certification offered, UA will supply one (1) grommet installation machine and training of up to 5 reseller personnel, per session. Sessions run for a dedicated 16-hour period, over the course of two days. The reseller will be responsible for furnishing uniforms for the purposes of training and certification.
(iii) Certification fees. Certification of each local uniform reseller will be charged to The Client, at $2,500 per session.
1.2.1 Uniform Retrofit Pricing Schedule. Prices effective May 2021. a. BodyWorn™ - standard garment retrofit service table
Example Model Description Price
(ea).
Blauer 8670, 8675, 8446 Duty Shirt, BodyWorn™ Ready $13 362
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 7 Blauer 8780, 8370, 8375, 8470 (XP
Series)
Carrier Vest Mount, BodyWorn™ Ready $23
Blauer 343, 343R Traffic Safety Vest, BodyWorn™ Ready $23 Blauer 8780, 8370, 8375, 8470 Carrier Vest Zipper Mount, BodyWorn™ Ready
$23
Spiewak Carrier Vest Mount, BodyWorn™ Ready $33
Duty Jacket (Charge per Layer) All Jackets (Except Leather – Estimate Only) $23 All Standard Uniform Types Grommet Swap Out $10
b. BodyWorn™ non-standard garment retrofit service table. Due to the complicated nature of retrofitting non-standard garments, all prices provided below are considered estimates.
Final pricing will be assessed at the time of services rendered. For additional questions, comments or concerns please email UA at: [email protected].
Description Price (ea).
Carrier Vest – Horizontal Mounting (Ex. Blauer 8340, 8375) $33 Tactical Vest or Load Bearing Vest (LBV) – All Styles $53 Polo Shirt $43
Polo Carrier – Horizontal Zipper $43
Leather Jacket / Coat. Estimate Only
Patches
Single $5
Pair $6
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www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 8 Name Tape - Includes Embroidery and Velcro $10
Motor unit jackets must be quoted via design consult, please contact [email protected] to schedule.
USE OF THE SERVICE
2.1 Scope of Use. Subject to the terms and conditions of this Agreement, including, without limitation, Section 2.2 and 2.3 hereof and Client's payment of all applicable Fees, UA hereby grants to Client a limited, a non-exclusive, non- assignable, non-transferable license (the “License”), without the right to sublicense, to access and use the Service, during the Term, over the Internet for Client's and its affiliates’ internal business purposes, on a computer or a computer network operated by Client, only by Licensed Users and only using the User Logins provided to UA for such Licensed Users for such use.
2.2 End User License Agreements. The Licensed software may incorporate software under license from a third party. If the third party requires Client’s notification of such use through an End User License Agreement (EULA), UA will provide such notification to the Client. In order to use the Service, the Client agrees to be bound by all EULA(s) provided at the time of delivery whether by hardcopy or displayed upon Installation or use of the Service. Client’s use of the Service subsequent to such notice(s) shall constitute Client’s acceptance of the EULA(s).
2.3 Restrictions. Client and its Licensed Users shall not: (a) copy the Service or any portion thereof other than as required to use the Service remotely as intended by this Agreement; (b) translate, decompile or create or attempt to create, by reverse engineering or otherwise, the source code from the object code of the Service; (c) modify, adapt, translate or create a derivative work from the Service; (d) use the Service to track more than the number of tracked asset units for which Fees have been paid pursuant Article 3 below; (e) sell, lease, loan, license, assign, sublicense, rent, transfer, publish, disclose, divulge, display, make available to third parties on a time-sharing or service bureau basis or otherwise make available for the benefit of third parties all or any part of the Service, including, without limitation, by transmitting or providing the Service, or any portion thereof, over the Internet, or otherwise, to any third party; (f) interfere or attempt to interfere with the operation of the Service in any way; (g) remove, obscure or alter any label, logo, mark, copyright notice, trademark or other proprietary rights notices affixed to or contained within the Service; (h) create any frames or other references at any other web sites pertaining to or using any of the information provided through the Service or links to the Service; or (i) engage in any action that constitutes a material breach of the terms and conditions of this Agreement. All rights not expressly granted hereunder are reserved to UA.
FEES AND PAYMENT TERMS
3.1 Fees. As a condition to the License granted pursuant to Section 2.1 above, Client shall pay annual Service usage fees (“Fees”). Client shall, in addition to the Fees required hereunder, pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the transaction(s) contemplated hereby, excluding, however, income taxes on income which may be levied against UA (“Taxes”). Client shall reimburse UA for the amount of any such Taxes. If Client fails to pay any undisputed Fees within thirty (30) calendar days of the date they are due, UA may bill Client a 1.5% fee per month and the Service shall be suspended until all outstanding Fees have been paid. All Fees shall be non-refundable except as otherwise set forth herein.
3.2 Time-and-Materials Service. If Client requests and UA agrees to provide services that are outside the scope of the Service, such services shall be provided at UA’s then-current hourly service rates or as established within a separate agreement addressing these specific requests.
REPRESENTATIONS AND WARRANTIES
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www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 9 4.1 Expressed Warranty. Products manufactured by UA are warranted to be free from defects in material and workmanship under normal use and service. This warranty is applicable to any of UA's products that Client returns to UA during the period of the initial term of the agreement. All equipment issued, including BodyWorn™ devices and peripherals, and Rocket IoT™ in-vehicle systems and peripherals, are warranted for the duration of the initial agreement and will be repaired or replaced at UA’s cost with an appropriate Request to Merchant (RMA) authorization. UA's obligations, with respect to such applicable warranty returns, are limited to repair, replacement, or refund of the purchase price actually paid for the product, at UA's sole option. UA shall bear roundtrip shipment costs of defective Items found to be covered by this warranty. Defective Products or parts thereof may be replaced with either new, factory refurbished, or remanufactured parts.
Defective parts, which have been replaced, shall become the UA's property. This warranty does not extend to any product sold by UA which has been subjected to malicious intent, neglect, accident, improper installation by a non-authorized 3rd party, or a use for purposes not included or not in accordance with operational maintenance procedures and instructions furnished by UA, or which has been repaired or altered by UA or persons other than UA or which has been damaged by secondary causes, including but not limited to, improper voltages, adverse environment conditions, improper handling, or products which have had their serial number or any part thereof altered, defaced, or removed. UA liability does not cover normal wear and tear or deterioration.
Uniforms or modified uniforms provided with the service have a 1-year warranty and are limited to defects in material workmanship that render prevent the user from capturing video and/or using the Service. The Expressed Warranty does not include changes to the color or appearance of the uniform that result from normal wear and tear.
4.2 UA and Client Responsibilities. Each party (the “Representing Party”) represents and warrants to the other that: (a) it has the authority to enter this Agreement and to perform its obligations under this Agreement; (b) the execution and performance of this Agreement does not and will not violate any agreement to which the Representing Party is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of the Representing Party, enforceable in accordance with its terms. In addition to the foregoing:
UA warrants that the software provided as part of the Service will materially conform to the applicable then-current documentation relating to the Service when used in an operating environment that complies with the then-current documentation relating to the Service. If UA alters the documentation in a way that materially diminishes the scope of the Services, Client shall have the right to terminate this Agreement upon thirty (30) days prior written notice to UA. In the event that the software which is part of the Service fails to perform in accordance with this warranty, Client shall promptly inform UA of such fact, and, as Client’s sole and exclusive remedy, UA shall either:
(i) repair or replace the Service to correct any defects in the software without any additional charge to Client, or (ii) terminate this Agreement and provide Client, as Client’s sole and exclusive remedy, with a pro rata refund (for the unexpired portion of the applicable Term) of the Fees paid to UA hereunder. Client represents and warrants to UA that Client and its Licensed Users (i) will use the Service only for lawful purposes; (ii) will not interfere with or disrupt the operation of the Service or the servers or networks involved with the operation of the Service; (iii) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through any other means; or (iv) interfere with another user's use and enjoyment of the Service.
4.3 Export Restrictions. Client represents and warrants that it and all Licensed Users will comply with all applicable laws, rules and regulations in the jurisdiction from which they access the Service, including those laws, rules and regulations which apply to the access, import, use and export of controlled technology or other goods. Client also agrees that it and all Licensed Users will comply with the applicable laws, rules and regulations of the jurisdictions from which UA operates the Service (currently, the United States of America). In particular, Client represents, warrants and covenants that it shall not, without obtaining prior written authorization from UA and, if required, of the Bureau of Export Administration of the United States Department of Commerce or other relevant agency of the United States Government, access, use, export or re-export, directly or indirectly, the Service, or any portion thereof or any Confidential Information of UA (including without limitation information regarding the use, access, deployment, or functionality of the Service) from the United States to (a) any country destination to which access, use, export or re-export is 365
www.utility.com 250 E. Ponce De Leon Ave. | Suite 700 | Decatur, GA 30030 800-597-4707 10 restricted by the Export Administration Regulations of the United States Department of Commerce; (b) any country subject to sanctions administered by the Office of Foreign Assets Control, United States Department of the Treasury; or (c) such other countries to which access, use, export or reexport is restricted by any other United States government agency. Client further agrees that it is solely responsible for compliance with any import laws and regulations of the country of destination of permitted access, use, export or re-export, and any other import requirement related to a permitted access, use, export or re-export.
4.4 Warranty Disclaimer. CLIENT ACKNOWLEDGES THAT, EXCEPT AS PROVIDED HEREIN, THE SERVICE IS PROVIDED HEREUNDER WITH NO WARRANTY WHATSOEVER. CLIENT ACKNOWLEDGES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. EXCEPT AS EXPRESSLY PROVIDED HEREIN, (a) THE SERVICE IS PROVIDED SOLELY ON AN “AS-IS” BASIS, AND (b) UA MAKES, AND CLIENT RECEIVES, NO WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. UA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NONINFRINGEMENT AND ALL DUTIES AND OBLIGATIONS IMPLIED IN LAW. UA DOES NOT WARRANT THAT THE SERVICE
SHALL BE OPERABLE, SHALL PROPERLY STORE DATA, SHALL OPERATE
UNINTERRUPTED OR ERROR FREE, SHALL BE SECURE, SHALL KEEP DATA
CONFIDENTIAL, SHALL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SHALL MEET CLIENT'S NEEDS.
CONFIDENTIAL INFORMATION
5.1 Confidential Information. As used herein, the term “Confidential Information means all technical, business, and other information relating to the Service, which (i) is possessed or hereafter acquired by UA and disclosed to Client or Licensed Users, (ii) derives economic value from not being generally known to persons other than UA and its Clients, and (iii) is the subject of efforts by UA that are reasonable under the circumstances to maintain its secrecy or confidentiality. Confidential Information shall include, but shall not be limited to, oral or written (including, without limitation, storage in electronic or machine-readable media) information with respect to UA's trade secrets, know-how, proprietary processes, operations, employees, contractors, prospects, business plans, product or service concepts, business methods, hardware, software, codes, designs, drawings, products, business models and marketing strategies, in each case relating to the Service.