Town of Paradise
Town Council Meeting Agenda
6:00 PM – September 13, 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/Elections Official, 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, Patrick Purvis
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. Camp Fire Recovery Updates - Written reports are included in the agenda packet.
p5 Colette Curtis, Recovery and Economic Development Director - Recovery projects, Advocacy, Economic Recovery and Development, Communications and Emergency Operations.
p8 Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
p10 Tony Lindsey, CDD-Building and Code Enforcement - Code Enforcement Update
p14 Kate Anderson, Business and Housing Manager - Business and Housing 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. p16 Approve minutes of the August 9, 2022 Regular Town Council meeting. 2b. p22 Approve August 2022 Cash Disbursements in the amount of $2,396,687.32
2c. p30 1. Adopt Resolution No. 2022-__, A Resolution of The Town Council of the Town of Paradise Authorizing Disposal of Certain Town Records Maintained in the Town Clerk Department Pursuant to Government Code Section 34090; or, 2. Make the determination that certain records listed for destruction have value to the agency, and direct that all or some of the records listed in Exhibit B continue to be maintained.
2d. p36 Receive an update for the Stearns Rd Dry Creek Culvert Emergency. 2e. p39 Adopt Resolution No. 2022-__, A Resolution of the Town Council of the Town of Paradise Amending and Re-Adopting Conflict of Interest Code for the Agencies and Departments of the Town of Paradise Which Incorporate by Reference the Fair Political Practices Commission's Standard Model Conflict of Interest.
2f. p46 1. Authorize the Town Manager to enter into a contract with L. D.
Strobel Company, Incorporated, for the installation of electrical grounding to R56 Grounding Standards at the Police Department, Fire Station 81, and related equipment; and, 2. Approve staff recommended budget adjustments.
2g. p48 Waive second reading of Town Ordinance No. 620 and approve reading by title only; and, Adopt Town Ordinance No. 620, "An Ordinance of the Town Council of the Town of Paradise Amending Paradise Municipal Code Chapter 8.55, Relating to the Development of Land Areas Prone to Flood Hazard.
2 3
2h. p55 1. Waive second reading of the entire Town Ordinance No. 621 and approve reading by title only; and, 2. Adopt Town Ordinance No. 621, " An Ordinance Amending Paradise Municipal Code 8.04.010 Relating to Declaration of What Constitutes an Unlawful Public Nuisance, Fire Hazards Definition".
2i. p61 Consider approving Amendment to Agreement between the Town of Paradise and P31, increasing the Not to Exceed amount for Category 4 Arborist Services.
2j. p64 Adopt Resolution No. 2022-____ “A Resolution of The Town Council of The Town of Paradise Adopting the New CalHome Homebuyer Acquisition Only/Acquisition With Rehabilitation Programs Guidelines”. 2k. p70 Authorize the Mayor and Town Manager to execute documents necessary to amend the contract for banking services with U.S. Bank originally dated October 1, 2017 to extend the terms of the agreement from October 1, 2022 to October 1, 2023.
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. p71 1. Conduct the duly noticed public hearing to receive comment on the 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program; and, 2. Authorize the Town Manager to submit the CAPER to the Department of Housing and Urban Development. (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.
3 6a. p91 Consider adopting a motion relating to the following actions:
1. Authorize the Town Manager to execute the necessary documents to order and purchase a Type 1 Pierce Enforcer Fire Engine before September 15th, 2022; and, 2. Adopt Resolution No. 2022-__, “A Resolution of the Town Council of the Town of Paradise Declaring a Certain Fire Vehicle to be Surplus Property and Authorize the Disposal Thereof”; and, 3. Authorize the Town Manager to recycle/scrap the surplus 2002 Type 1 Pierce fire engine, pending approval of a Butte County AQMD “Community Clean Air Grant” for the maximum award amount. (ROLL CALL VOTE)
6b. p94 1. Consider authorizing the Town Manager to enter into a contract with Motorola Solutions, for the purchase and installation of a new Dispatch radio system, and related equipment, upon approval of the Town Attorney; and,
2. Approve staff recommended budget adjustments. (ROLL CALL VOTE) 6c. p97 Discuss and consider providing staff with direction on desired changes, if any, to the Paradise Municipal Code relating to the creation of short-term rental zoning regulations to present at a future council meeting; or, Provide alternative direction to town staff.
6d. p100 1. Consider adopting the proposed “Second Amendment to the Franchise Agreement” between the Town of Paradise and Northern Recycling & Waste Services thereby amending Section 5.01 of the Agreement; and, 2. Authorizing the Town Manager to execute the adopted “Second Amendment to the Franchise Agreement” document on behalf of the Town of Paradise; and, 3. Authorizing town staff to file with the office of the Town Clerk a fully executed copy of the adopted “Second Amendment to the Franchise Agreement”; or, 4. Adopt an alternative directive to town staff regarding this agenda item. (ROLL CALL VOTE)
6e. p104 1. Consider authorizing the Town Manager to enter into a contract with Technique Communications, for the installation of a fiber data connection between the Police Department and Fire Station 81; and, 2. Approving staff recommended budget adjustments. (ROLL CALL VOTE)
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7b. Council reports on committee representation
7c. Future Agenda Items
8. STAFF COMMUNICATION
8a. Town Manager Report
Community Development Director Update
9. CLOSED SESSION - None
10. ADJOURNMENT
4 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 1(e)
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
Big Lots is still moving forward in the old Rite Aid building. Opening date Fall 2022. A national clothing retailer is planning to occupy the other side of the old Kmart building, next to Tractor Supply. We expect to receive their permit applications in the next several weeks.
Paradise Brew Werks, a local microbrewery, is moving forward with plans to establish themselves in Town. They are working on acquiring property on Skyway.
CDBG-DR Economic Development
The Butte County allocation for CDBG DR Economic Development has been announced at $18.6 million.
The Notice of Funding Availability (NOFA) is expected to be released this fall, and we will have more information on what projects will be eligible. In preparation, the Town is working with our regional workforce partners on potential projects.
Business Assistance Programs
Following Council approval in the 2022-23 Fiscal Year budget, a stakeholder committee is being formed to help draft guidelines for three business assistance programs utilizing ARPA funds:
5 o A sign removal/replacement program.
o A program for businesses returning to Paradise after the fire. o A program for new businesses investing in Paradise.
Councilmembers Jones and Culleton were appointed to the committee. The first meeting will take place this week.
RECOVERY
Category 4 Tree Removal Program
Undergoing Federal Environmental Review of Removal Phase of Project. We anticipate this process will be complete this Fall.
We have awarded an arborist contract and began assessments in August. We opened the program to applicants on July 25th, and received a strong response with 310 applicants as of August 31, 2022. This represents nearly 600 acres of private property across the Town.
As of August 28, 2022 our arborists have assessed 110 of the properties and are preparing the final reports for each property.
We have a request to increase the funds available for assessment later in this agenda packet. We will close the application period when we reach this new maximum amount available for assessment as that will maximize the available Phase 1 funding available. Tree cutting process would commence after full phase 2 approval of submitted tree inventory.
Early Warning System
The Early Warning System was fully approved in April 2022 A contract was awarded in July 2022.
We recently had our contractor on site and worked to confirm and create site plans for each of the 21 towers. Those reports will be utilized to confirm locations with FEMA/CalOES and move forward the project with utility coordination and construction. We are working with Police and Fire Departments to determine which towers (if any) would benefit from having internal video camera access to view major intersections and/or horizon lines for fire detection.
We have been working with options for moving forward with aesthetic treatment (Pine Tree Styled) for the towers.
Residential Ignition Resistant Retrofit Program
Undergoing Federal Environmental Review. We anticipate this process will be complete this Fall.
All other Town required action items are complete
Phase 1 process of enrollment is being formalized with the intent to open to applicants this Fall/Winter.
Hazardous Fuels Reduction Program
Undergoing Federal Environmental Review. We anticipate this process will be complete this Fall.
All other Town required action items are complete.
6 Defensible Space Code Enforcement
Undergoing Federal Environmental Review. We anticipate this process will be complete this Fall.
All other Town required action items are complete.
Abatement Update:
We have shifted our strategy and mailed CAT4 Tree Removal Program applications to all properties remaining on the list.
11 property owners enrolled in the private program and have not removed their hazardous trees. (3 have enrolled in CAT4 Program)
115 property owners who have not removed their hazardous trees. (2 have enrolled in CAT4 Program)
There are currently 126 properties at risk for abatement. This is down from 1500 in July 2020 and 850 in January of 2021.
We anticipate winding down outreach and moving more properties forward with a complaint driven legal abatement process.
COMMUNICATIONS
League of California Cities Annual Conference
The Town has been selected for two speaking engagements at the Cal Cities Conference September 7-9.
o A speed session on Infrastructure Recovery after Disaster, presented by Marc Mattox, Public Works Director.
o A panel discussion on Lessons Learned after the Most Destructive Fires in California History, presented by Town Manager Kevin Phillips, Recovery and Economic Development Director Colette Curtis, and Sean McGlynn, former City Manager for the City of Santa Rosa.
The Town will also have a booth at the Expo with information on our Long Term Community Recovery Plan.
EMERGENCY MANAGEMENT
Monthly training sessions for each EOC section have begun. A table top EOC exercise is being planned for fall.
A full scale EOC exercise is in the initial planning stages for Spring 2023 o The exercise will involve the community and cooperator agencies o A months long information and education campaign will precede the exercise o The Early Warning System will be utilized as part of the exercise Financial Impact:
None.
7 1
TOWN OF PARADISE
Council Agenda Summary
Date: September 13, 2022
Agenda No. 1(e)
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.
A paving plan has been published here:
https://www.google.com/maps/d/u/2/edit?mid=1tRv2WKM6-cppRfHKscuKGQguwgXiE7HJ&usp=sharing This paving plan informs residents of which roads are expected to be paved in which calendar year. The plan will be updated frequently as actual field conditions change.
The first project in this series, Skyway between Crossroads and Westchester Way has started construction with minor road work during daytime hours and major work during evening hours in late August and September. Milling operations have been completed throughout the project.
Areas receiving a Full Depth Reclamation road rehabilitation treatment will undergo further processing in preparation for the first lifts of asphalt. Overall project completion is anticipated in October 2022.
Town staff is refining a project paving list for 2023 and expects to bring a bid package forward to Council late this year. Current estimates achieve a goal of paving 30 roadway miles in 2023.
Paradise Sewer Project
Efforts for Past Month:
Previous Updates: The Central Valley Regional Water Quality Control Board (Regional Board) hosts meetings of the Sewer Regionalization Project Advisory Committee (SRPAC). The SRPAC last met on March 21, 2022 at the City of Chico council 8 2
chambers and finalized the first draft of the Principles of Agreement (POA). The POA will serve as a starting point for drafting an inter-municipal agreement (IMA) 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, are at www.paradisesewer.com.
Held three public meetings to receive comments on the Draft EIR:
o Monday, August 8th, 6:00-7:30 pm. Chico Old Municipal Building, 441 Main Street, Chico
o Wednesday, August 10th, 12:30-2:00 pm and 6:00-7:30 pm. Paradise Alliance Church (CMA Church), 6491 Clark Road, Paradise
Closed the 45-day comment period of the Draft EIR, which went from July 14th through August 29th. Among others, received comments from the Butte County Department of Public Works.
Continued to update the project’s public website (www.paradisesewer.com), including providing access to the Draft EIR and the ability to provide comments through August 29th.
Started work on the Final EIR, including responses to Draft EIR comments. Continued working on the first draft of the IMA.
Continued funding application efforts.
Efforts for Next Month:
Continue work on the Final EIR, including responses to the Draft EIR comments. Continue work on the first draft of the IMA, for review by City of Chico staff. Continue funding application efforts.
9
Town of Paradise
Council Agenda Summary
Date: September 13th, 2022
Agenda Item: 1(e)
ORIGINATED BY: Tony Lindsey, Community Development
Director, Building & Code Enforcement
REVIEWED BY: Kevin Philips, Town Manager
SUBJECT: Camp Fire Recovery Updates – Code Enforcement
LONG-TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. None -Writeen update only.
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.
Total Temporary Use Permits (TUPs) issued under Urgency Ordinance 612 were 628 (42 Storage/586 Occupied). As of 8/31/2022, only 263 are active, 17 less than the previous month. (Exhibit A):
Storage only – 37
Occupied – 226 (79% are owner applied/occupied)
RV Code Enforcement activity for the reporting period (July 29th – Sept. 1st) (Exhibit B) :
Occupied sites without TUPs – 59
Occupied sites with TUP Violations – 3
Compliance gained/RV cases closed – 9
o 7 RVs were removed
o 2 Violations resolved (building permits issued)
To date, Civil Abatement Cases forwarded to Town Attorney – 30. Town Attorney gained 10
compliance on 14 cases, and 16 remain eligible for abatement.
The Community Enhancement Outreach Team, consisting of Fire Prevention, Police, Housing, Disaster Case Managers (DCMs), and Code Enforcement staff, visited 84 RV sites (81 with TUPs and 3 without a TUP issued). The team contacted 20 community members in August:
o 8 were tenants and did not own property
o 12 owner-occupied
o 0 purchased the property post-Camp Fire
o 16 supplied contact information to DCM staff
Other Code Enforcement Items:
Abandoned Vehicle Authority abatements – 10
o 6 voluntarily self abated
o 4 towed (1 SUV, 3 Sedans)
Complaints regarding waste and refuse, zoning, building without permits, camping, grading, fire hazards, cannabis, vehicles, etc.
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 or not. The Fire Prevention staff is tasked with performing weed abatement inspections on 11,081 parcels within our community.
Beginning April 1st, 2022, the Town started requiring property title transfers to obtain a Certificate of Compliance with our Defensible Space regulations. During June:
Clearance requests received – 78 (70 in July)
First inspection compliance rate – 81% (67% in July)
Certificates issued – 63 (55 in July)
Land Surveyor’s Certifications on file – 21 (14 in July) The following is the number of town-wide Defensible Space Program inspections completed as of 8/31/2022:
Compliant – 6,333 (313 more than the previous month)
Non-compliant – 3,940
Code Enforcement Referrals for citation – 525 Active Code Cases 11 TUPs under ORD 612 5/31/22
RV TUP STORAGE ONLY RV TUP OCCUPIED 7/27/2022
12 TUPs under ORD 612
RV TUP STORAGE ONLY RV TUP OCCUPIED
TUP Violations 5/31/22
Violations w/ TUP RV no TUP 7/27/2022
13 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 1(e)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Housing Recovery Update
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. None
Background:
This report provide the Town Council with an update of Housing activities. A summary of the programs, with overall interest and change from the last month, follows.
Analysis:
We have 27.34% (+0.81) of our pre-disaster housing stock to-date (1,377 surviving units + 1,908 new CofOs to-date -- +98 from last month = 3,285 habitable dwellings / 12,015 housing units before the Camp Fire).
Rebuild Advocate Program
Rebuild Advocates help residents overcome the challenges of rebuilding; this program is moving out of the BRC and into the Housing Dept. at Town Hall. To-date 936 households (+18) have sought Rebuild Advocate services, most have had multiple interactions; 941 (+249) emails were exchanged, 84 (+4) calls took place, and 36 (+13) walk-ins happened in August.
Town of Paradise Owner-Occupied Rehabilitation/Reconstruction Program ($23 million) This program helps homeowners rehabilitate or reconstruct their home. To-date 25 (+5) homes rebuilt, 21 (+2) under construction and 31 (-4) in the application process.
State of California/ReCoverCA: Owner-Occupied Rehabilitation/Reconstruction Program ($47 million across state)
Grants of up to $500,000 for property owners.
To-date 1 (+0) home rebuilt, 6 (+3) permits issued, 5 (-0) have been submitted for plan review, 222 (-16) applications in process, 1,227 (+23) surveys received.
Town of Paradise First-Time Homebuyer Program
Heling to make home ownership more affordable by providing assistance toward the purchase price and closing costs of an owner-occupied, affordable housing unit. To-date 5 (+0) homes purchased and 11 (+4) applications in process. Recent interest from local lenders and realtors.
14 Town of Paradise Septic Grant Program ($570,000)
Grants up to $17,000 to assist Camp Fire survivors to repair or replace septic systems damaged or destroyed during the Camp Fire or subsequent clean-up efforts. To-date 35 (-2) applications in process, 15 (+3) applications approved, 5 (+1) completed.
CDBG-DR Multifamily Rental Housing Program ($55 million) Goal is to create affordable rental housing
Large projects (8+ units): 1 (+1) project approved, 2 (-1) project under review, 5 (+3) projects preparing applications, 3 (+3) projects in-the-works. Over-the-counter funding. Small projects (1-7 units) program State should have policies and procedures by end of October.
HOME Infill New Construction ($700,000)
Create affordable housing for first-time homebuyers.
Establishing guidelines for HCD approval.
Financial Impact:
None.
15 1
TOWN COUNCIL
Meeting Minutes
6:00 PM – August 09, 2022
1. OPENING
The Regular meeting of the Paradise Town Council was called to order by Mayor Crowder at 6:00 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. An Invocation was offered by Council Member 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, Finance Director/Town Treasurer Ross Gilb, Information Systems Director Luis Marquez, Public Works Director Marc Mattox, Recovery and Economic Development Director Colette Curtis, Community Development Director Tony Lindsey, Principal Engineer Ashley Stanley, Business and Housing Manager Kate Anderson, Police Chief Eric Reinbold, EOC Coordinator Jim Broshears, Fire Chief Patrick Purvis and Recovery and Economic Development Project Manager Brian Solecki. 1a. Camp Fire Recovery Updates - Written reports were included in the agenda packet: (110-60-061)
Colette Curtis, Recovery and Economic Development Director - Recovery projects, Advocacy, Economic Recovery and Development,
Communications and Emergency Operations.
Marc Mattox, Public Works Director/Town Engineer - Infrastructure and Sewer Update
Tony Lindsey, CDD-Building and Code Enforcement Director - Code Enforcement Update
Kate Anderson, Business and Housing Manager - Business and Housing Update
2. CONSENT CALENDAR
MOTION by Jones, seconded by Bolin, approved consent calendar items 2a through 2h. Roll call vote was unanimous.
2a. Approved minutes from the July 12, 2022 Regular meeting and the July 20, 2022 Special meeting.
16 2
2b. Approved July 2022 Cash Disbursements in the amount of $6,312,613.81. (310-10-034)
2c. Adopted Resolution No. 2022-55, “A Resolution of the Town Council of the Town of Paradise authorizing the Town of Paradise to Enter into the Joint Exercise of Powers Agreement Relating to the California CLASS and to Invest in Shares of the California CLASS and Related Matters.” (510-20-352, 330-10-001)
2d. Reviewed and filed the 4th Quarter Investment Report for the Fiscal Year Ending June 30, 2022. (360-30-006)
2e. Declared equipment from the Paradise Police Department as surplus property; and adopted Resolution No. 2022-56, “A Resolution of the Town Council of the Town of Paradise Declaring Certain Town Equipment to be Surplus and Obsolete”; and, authorized disposal through sale or donation by the Town Manger or his designee”. (380-10-003)
2f. 1. Approved the following Revised Program Supplement Agreements for the following projects to Administering Agency-State Agreement for Federal-Aid Projects, Agreement No. 03-5425F15:
PSA No. F020 Rev. 1 for Project Skway/Neal Bike/Ped - CML 5425 (043) (950-40-064)
PSA No. F021 Rev. 1 for Project Oliver Curve Pathway - CML 5425 (044) (950-40-050)
PSA No. F022 Rev. 1 for Project Pentz Pathway Phase II - CML 5425 (042) (950-40-043)
2. Adopted Resolution No. 2022-57, “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 F020, F021 and F022 to the Administering Agency-State Agreement for Federal Aid Projects Corresponding to Congestion Mitigation Air Quality Funding.”
2g. Received an update for the Stearns Rd Dry Creek Culvert Emergency repairs. ((950-40-067)
2h. Declared equipment from the Police Department consisting of Preliminary Alcohol Screening Devices as surplus property; and, adopted Resolution No. 2022-58, “A Resolution of the Town Council of the Town of Paradise Declaring Certain Town Equipment in the Police Department to be Surplus Authorizing Disposal Thereof.” (380-10-003)
3. ITEMS REMOVED FROM CONSENT CALENDAR – None
4. PUBLIC COMMUNICATION
1. Ward Habriel applauded Officer Vanucci for his good police work. 17 3
5. PUBLIC HEARINGS
5a. Principal Engineer Ashley Stanley presented on the proposed ordinance relating to development of land areas prone to flood hazard.
Mayor Crowder opened the public hearing at 6:26 p.m.
There were no public comments.
Mayor Crowder closed the public hearing at 6:27 p.m.
MOTION by Bolin, seconded by Tryon, 1. Waived the first reading of the Town of Paradise Ordinance No. 620 and read by title only; and, 2. Introduced Town of Paradise Ordinance No. 620, “An Ordinance of the Town Council of the Town of Paradise Amending Paradise Municipal Code Chapter 8.55, Relating to The Development of Land Areas Prone to Flood Hazard”. Roll call vote was unanimous. (540-16-189)
6. COUNCIL CONSIDERATION
6a. Finance Director/Town Treasurer Ross Gilb provided an overview of the Fiscal Year 2020/21 Financial Statement Audit Report prepared by Mann, Urrutia, Nelson CPAs & Associates.
MOTION by Bolin, seconded by Tryon, concurred with staff recommendation to receive and file the report as submitted. Roll call vote was unanimous. (385-10-041) 6b. Community Development Director Tony Lindsey provided an overview of the proposed ordinance regarding Paradise Municipal Code 8.04.010 relating to the Declaration of what constitutes an unlawful public nuisance.
1. Ward Habriel questioned who is supposed to report a nuisance and how to address a public nuisance from a public standpoint.
2. Jon Remalia commented on the probability of hourly spread due to fire conditions and questioned whether the proposed ordinance could be an infraction/misdemeanor wobbler.
MOTION by Jones, seconded by Bolin, 1. Waived the first reading of Town Ordinance No. 621 and read by title only; and, 2. Introduced Town Ordinance No. 621, "An Ordinance of the Town Council of the Town of Paradise Amending Paradise Municipal Code 8.04.010 Relating to Declaration of what constitutes an unlawful public nuisance”, with additional language proposed by Town Manager Phillips to include: “or a minimum of one backpack pump water type/fire extinguisher fully equipped”, clarifying that the first item of action is a water source and additional language proposed by Council Member Jones clarifying that “shall not mow after 10am” excludes instances such as mowing green lawns. Roll call vote was unanimous. (540-16-190)
6c. Recovery and Economic Development Director Colette Curtis provided an overview of the proposed Emergency Operations Plan (EOP). Amanda Ozaki-Laughon and Susie Schmitz, consultants from Constant Associates provided a supplemental overview and were available for questions. 18 4
1. Ward Habriel asked how people are supposed to know which evacuation zones they are in and suggested placing information on street signs when entering a new zone informing them of the zone, they are in.
2. Jon Remalia commented that his business surveyed the last 150 customers and asked if they knew which evacuation zone they were in and stated that only four answered in the affirmative.
MOTION by Bolin, seconded by Jones, Adopted the update to the Town of Paradise Emergency Operations Plan. Roll call vote was unanimous. (420-20-027) 6d. Recovery and Economic Development Director Colette Curtis reported that three business assistance programs, earmarked with ARPA funds are being created for business owners. The programs are for: businesses coming to Paradise; returning businesses; and a sign removal/restoration program.
Staff asked Council to appoint two Council Members to a committee to be comprised of stakeholders, staff and two Members to create the guidelines for these programs.
Council unanimously concurred to appoint Council Members Jody Jones and Steve “Woody” Culleton to a committee of stakeholders with the purpose of creating business assistance programs. (120-10-010) 6e. Town Manager Phillips presented on the proposed benefit rate resolutions required by CAL PERS.
MOTION by Bolin, seconded by Culleton, approved the following Resolutions 2022-59 through 2022-62. Roll call vote was unanimous. (630-10-023) Resolution No. 2022-59, “A Resolution of The Town Council of The Town of Paradise, Fixing the Employer’s Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants with Respect to Recognized Employee Organization 002 Management Unit.”
Resolution No. 2022-60, “A Resolution of The Town Council of The Town of Paradise, Fixing the Employer’s Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants with Respect to Recognized Employee Organization 003 Confidential & Mid-Management Unit.”
Resolution No. 2022-61, “A Resolution of The Town Council of The Town of Paradise, Fixing the Employer’s Contribution Under the Public Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants with Respect to Recognized Employee Organization 004 Police Management and Mid-Management.” Resolution No. 2022-62, “A Resolution of The Town Council of The Town of Paradise, Fixing the Employer’s Contribution Under the Public 19 5
Employees’ Medical and Hospital Care Act at an Equal Amount for Employees and Annuitants with Respect to Recognized Employee Organization 006 General Employees Unit.”
7. COUNCIL INITIATED ITEMS AND REPORTS
7a. Council initiated agenda items
7a1. Mayor Crowder read a statement addressing an incident between a contractor and a Council Member and reiterated that there is a lot of work being done in the Town and all interactions should be done in a civil and respectful manner.
7a2. All Council concurred to designate Council Member Culleton as the voting delegate and Council Member Tryon as the alternate to represent the Town of Paradise at the 2022 League General Assembly to be held in Long Beach, CA from September 7-9, 2022. Mayor Crowder announced that he would also be attending the conference. (150-50-065)
7b. Council reports on committee representation:
Vice Mayor Bolin shared that the August LAFCo meeting was cancelled.
Council Member Culleton attended several ribbon cuttings and encouraged the public to pay attention to the Chamber of Commerce webpage and to support new businesses.
Council Member Tryon attended the Wildfire Safety Task Force Meeting.
Mayor Crowder attended a meeting with Adventist Health and shared that Adventist Health has agreed to a public community meeting in September. 7c. Future Agenda Items
Vice Mayor Bolin wanted to open communication with the County on increasing the speed limit on Skyway between the Town of Paradise and the City of Chico.
8. STAFF COMMUNICATION
8a. Town Manager Phillips reported that he presented at the Recovery and Resilience Symposium which was put on by the North Valley Community Foundation; staff met with PASH to discuss the expansion of the animal control facility; staff met with PID to learn about their insurance studies to be able to bring that information into what the Town is creating for the Resiliency Challenge Grant. Mr. Phillips shared that the Town has been working with Adventist Health to problem solve them coming back to the ridge. Mr. Phillips also shared that the Town hosted an afternoon with some Chico State students from Iraq to discuss resiliency; and, staff plans to bring forth a proposed ordinance regulating short-term rentals. 20 6
Mayor Crowder recessed the meeting for a five-minute break at 8:09 p.m. and adjourned into Closed Session at 8:17 p.m.
9. CLOSED SESSION
9a. 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 - six (6) potential cases.
At 8:46 p.m. Town Attorney Scott E. Huber announced the following action was taken in Closed Session:
MOTION by Jones, seconded by Crowder, adopted Resolution No. 2022-63, 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 1639 Gate Lane, APN 050-390-006 In Paradise, CA. Roll call vote was unanimous. (540-15-074)
MOTION by Jones, seconded by Crowder. adopted Resolution No. 2022-64. 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 6736 Clark Road, APN 050-172-027 In Paradise, CA. Roll call vote was unanimous. (540-15-074) MOTION by Jones, seconded by Crowder to take action on the following six (6) properties to abate the public nuisance RV’s on the properties: Roll call vote was unanimous.
5525 Belviso Terrace
869 Central Park Drive
5760 Middle Libby Road
6356 Pentz Road
6124 Ripley
5277 S. Libby Road
10. ADJOURNMENT
Mayor Crowder adjourned the meeting at 8:48 p.m.
Date approved:
By: Attest:
________________________ ________________________
Steve Crowder, Mayor Dina Volenski, CMC, Town Clerk
21 TOWN OF PARADISE
CASH DISBURSEMENTS REPORT
FOR THE PERIOD OF
August 1, 2022 - August 31, 2022
22 CASH DISBURSEMENTS REPORT
August 1, 2022 - August 31, 2022
Check Date Pay Period End Description Amount Total
8/5/2022 7/31/2022 Net Payroll - Direct Deposits and Checks $ 186,963.75 8/19/2022 8/14/2022 Net Payroll - Direct Deposits and Checks 188,340.04 $ 375,303.79
Accounts Payable
Payroll Vendors: Taxes, PERS, Dues, Insurance, Etc. 343,230.61 Operations Vendors: Supplies, Contracts, Utilities, Etc. $ 1,678,152.92 TOTAL CASH DISBURSEMENTS ACCOUNTS PAYABLE 2,021,383.53
GRAND TOTAL CASH DISBURSEMENTS $ 2,396,687.32
APPROVED BY:
Kevin Phillips, Town Manager
APPROVED BY:
Ross Gilb, Finance Director / Town Treasurer
23 Number Date Status Void Reason
Reconciled/
Voided Date
Transaction
Amount
Reconciled
Amount Difference
81232 08/01/2022 Open $781.25
81233 08/01/2022 Open $1,073.32
81234 08/01/2022 Open $166.50
81235 08/02/2022 Open $57.98
81236 08/02/2022 Open $10,255.05
81237 08/02/2022 Open $1,032.50
81238 08/02/2022 Open $1,767.01
81239 08/02/2022 Open $6,229.63
81240 08/02/2022 Open $794.19
81241 08/02/2022 Open $90.00
81242 08/11/2022 Open $60,852.50
81243 08/11/2022 Open $822.16
81244 08/11/2022 Open $64.20
81245 08/11/2022 Open $10,575.00
81246 08/11/2022 Open $11.86
81247 08/11/2022 Open $176.55
81248 08/11/2022 Open $68.64
81249 08/11/2022 Open $7,630.00
81250 08/11/2022 Open $175.00
81251 08/11/2022 Open $9,700.80
81252 08/11/2022 Open $948.00
81253 08/11/2022 Open $904.00
81254 08/11/2022 Open $5,500.00
81255 08/11/2022 Open $30,000.00
81256 08/11/2022 Open $57.50
81257 08/11/2022 Open $500.00
81258 08/11/2022 Open $62,857.85
81259 08/11/2022 Open $143.40
81260 08/11/2022 Open $401.40
81261 08/11/2022 Open $411.40
81262 08/11/2022 Open $96.53
81263 08/11/2022 Open $30,000.00
81264 08/11/2022 Open $30,000.00
81265 08/11/2022 Open $250.00
81266 08/11/2022 Open $10,233.00
81267 08/11/2022 Open $9,200.00
81268 08/11/2022 Open $275.48
81269 08/11/2022 Open $58,399.90
81270 08/11/2022 Open $3,500.00
81271 08/11/2022 Open $5,296.00
81272 08/11/2022 Open $66,890.59
81273 08/11/2022 Open $99,321.76
81274 08/11/2022 Open $7,500.00
81275 08/11/2022 Open $230.81
Accounts Payable Met Life
AP - US Bank TOP AP Checking
Check
Accounts Payable De Lage Landen Public Finance LLC
Accounts Payable ENTERPRISE FM TRUST
Accounts Payable SUPERIOR VISION SVC NGLIC
TOWN OF PARADISE
Payment Register
From Payment Date: 8/1/2022 - To Payment Date: 8/31/2022 Source Payee Name
Accounts Payable SBA Monarch Towers III LLC
Accounts Payable Aflac
TOP CONFIDENTIAL MID MGMT ASSOCIATION
Accounts Payable 4LEAF, Inc
Accounts Payable OPERATING ENGINEERS
Accounts Payable PARADISE POLICE OFFICERS ASSOCIATION
Accounts Payable SUN LIFE INSURANCE
Accounts Payable
Accounts Payable ADVANCED DOCUMENT CONCEPTS
Accounts Payable AT&T MOBILITY
Accounts Payable AWARDS COMPANY
Accounts Payable A Stitch Above Embroidery & Shirt Printing Accounts Payable ACCESS INFORMATION PROTECTED
Accounts Payable Adams Ashby Group, Inc.
Accounts Payable Butte Co Public Health
Accounts Payable BUTTE CO RECORDER
Accounts Payable Butte County Construction Inc
Accounts Payable Bear Electrical Systems, Inc
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable Blue Flamingo Marketing Advocates
Accounts Payable Cole Huber LLP
Accounts Payable COMCAST CABLE
Accounts Payable COMCAST CABLE
Accounts Payable Butte County Construction Inc
Accounts Payable BUTTE REGIONAL TRANSIT
Accounts Payable CivicPlus, LLC
Accounts Payable Dirt to Doorknobs
Accounts Payable DIVISION OF THE STATE ARCHITECT
Accounts Payable DOBRICH & SONS SEPTIC
Accounts Payable COMCAST CABLE
Accounts Payable Creative Composition Inc
Accounts Payable Dirt to Doorknobs
Accounts Payable EXECUTIVE HOMES
Accounts Payable GREEN RIDGE LANDSCAPING
Accounts Payable HDR Engineering, Inc
Accounts Payable Elegant Homes
Accounts Payable EVERGREEN JANITORIAL SUPPLY, INC.
Accounts Payable EXECUTIVE HOMES
Accounts Payable HDR Engineering, Inc
Accounts Payable Hope Crisis Response Network, Inc
Accounts Payable HYDROTECH SOLUTIONS
24 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: 8/1/2022 - To Payment Date: 8/31/2022 Source Payee Name
81276 08/11/2022 Open $22,202.69
81277 08/11/2022 Open $175.00
81278 08/11/2022 Open $888.20
81279 08/11/2022 Open $250.00
81280 08/11/2022 Open $1,000.00
81281 08/11/2022 Open $6,571.24
81282 08/11/2022 Open $81.48
81283 08/11/2022 Open $205.99
81284 08/11/2022 Open $4,469.19
81285 08/11/2022 Open $25.00
81286 08/11/2022 Open $344.63
81287 08/11/2022 Open $10,950.00
81288 08/11/2022 Open $160.00
81289 08/11/2022 Open $8,640.00
81290 08/11/2022 Open $538.21
81291 08/11/2022 Open $1,050.00
81292 08/11/2022 Open $66.00
81293 08/11/2022 Open $580.50
81294 08/11/2022 Open $507.25
81295 08/11/2022 Open $261.77
81296 08/11/2022 Open $475.93
81297 08/11/2022 Open $517.02
81298 08/11/2022 Open $33.25
81299 08/11/2022 Open $2,495.14
81300 08/11/2022 Open $9,053.66
81301 08/11/2022 Open $271.00
81302 08/11/2022 Open $271.00
81303 08/11/2022 Open $297.55
81304 08/11/2022 Open $356.65
81305 08/11/2022 Open $2,479.41
81306 08/11/2022 Open $2,128.81
81307 08/11/2022 Open $281.28
81308 08/11/2022 Open $170.00
81309 08/11/2022 Open $10.81
81310 08/11/2022 Open $2,686.00
81311 08/11/2022 Open $393.29
81312 08/11/2022 Open $80.00
81313 08/11/2022 Open $7,648.44
81314 08/11/2022 Open $6,897.63
81315 08/11/2022 Open $21.35
81316 08/11/2022 Open $9,398.30
81317 08/11/2022 Open $628.55
81318 08/11/2022 Open $1,403.78
81319 08/11/2022 Open $37.00
Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV SVCS/US BANCORP Accounts Payable INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS Accounts Payable J.J.R. Enterprises Inc
Accounts Payable Kanner, Justin
Accounts Payable KEN'S HITCH & WELDING
Accounts Payable Lash's Glass
Accounts Payable James or Lavenia Riotto
Accounts Payable Jennifer Arbuckle
Accounts Payable JOURNYX, INC.
Accounts Payable Mark Thau Photography
Accounts Payable Mennonite Disaster Service
Accounts Payable Merck Animal Health
Accounts Payable LOCATE PLUS CORPORATION
Accounts Payable Look Ahead Veterinary Services
Accounts Payable MANN, URRUTIA, NELSON, CAS & ASSOC, LLP Accounts Payable MID VALLEY TITLE & ESCROW
Accounts Payable Midwest Veterinary Supply, Inc
Accounts Payable MOBILE MINI INC
Accounts Payable Meyers Police K-9 Training, LLC
Accounts Payable MID VALLEY TITLE & ESCROW
Accounts Payable MID VALLEY TITLE & ESCROW
Accounts Payable NORTHGATE PETROLEUM CO
Accounts Payable NV5, Inc.
Accounts Payable NV5, Inc.
Accounts Payable Mt Shasta Spring Water Co., Inc
Accounts Payable NORMAC INC
Accounts Payable NORTHERN RECYCLING & WASTE SERVICES, INC.
Accounts Payable PARADISE IRRIGATION DIST
Accounts Payable PARADISE POST
Accounts Payable PARADISE RIDGE CHAMBER OF COMMERCE
Accounts Payable OFFICE DEPOT ACCT#36233169
Accounts Payable OROVILLE FORD
Accounts Payable PACIFIC GAS & ELECTRIC
Accounts Payable Shelby's Pest Control, Inc.
Accounts Payable SONSRAY MACHINERY LLC
Accounts Payable Spherion Staffing
Accounts Payable PETERSON TRACTOR CO
Accounts Payable Richard Van Stavern Mobile Home Service Accounts Payable Riebes Auto Parts- Motorpool
Accounts Payable T MOBILE USA, INC.
Accounts Payable Tahoe Pure Water Co.
Accounts Payable Steiger, Ed
Accounts Payable Stratti
Accounts Payable T and S DVBE Inc.
25 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: 8/1/2022 - To Payment Date: 8/31/2022 Source Payee Name
81320 08/11/2022 Open $841.24
81321 08/11/2022 Open $81.17
81322 08/11/2022 Open $9.04
81324 08/11/2022 Open $82.87
81325 08/11/2022 Open $975.00
81326 08/11/2022 Open $3,847.50
81327 08/11/2022 Open $2,298.75
81328 08/11/2022 Open $15.00
81329 08/11/2022 Open $382.02
81330 08/11/2022 Open $224.00
81331 08/11/2022 Open $5,610.00
81332 08/11/2022 Open $321.75
81334 08/11/2022 Open $1,000.00
81335 08/11/2022 Open $194.76
81336 08/23/2022 Open $1,000.00
81337 08/23/2022 Open $194.76
81338 08/25/2022 Open $53,363.75
81339 08/25/2022 Open $30,000.00
81340 08/25/2022 Open $401.00
81341 08/25/2022 Open $858.06
81342 08/25/2022 Open $110.56
81343 08/25/2022 Open $89.46
81344 08/25/2022 Open $79.54
81345 08/25/2022 Open $211.65
81346 08/25/2022 Open $24.46
81347 08/25/2022 Open $2,391.75
81348 08/25/2022 Open $1,136.08
81349 08/25/2022 Open $11,518.75
81350 08/25/2022 Open $175.00
81351 08/25/2022 Open $550.00
81352 08/25/2022 Open $175.00
81353 08/25/2022 Open $1,050.00
81354 08/25/2022 Open $175.00
81355 08/25/2022 Open $175.00
81356 08/25/2022 Open $45.00
81357 08/25/2022 Open $21.00
81358 08/25/2022 Open $575.00
81359 08/25/2022 Open $42.00
81360 08/25/2022 Open $60,000.00
81361 08/25/2022 Open $1,747.38
81362 08/25/2022 Open $150.00
81363 08/25/2022 Open $9,566.37
81364 08/25/2022 Open $416.40
81365 08/25/2022 Open $391.40
Accounts Payable THOMAS ACE HARDWARE - ENG. DEPT.
Accounts Payable Tri Flame Propane
Accounts Payable TRUEPOINT SOLUTIONS, LLC
Accounts Payable Urban Design Associates. LTD
Accounts Payable THOMAS ACE HARDWARE - FIRE DEPT.
Accounts Payable THOMAS ACE HARDWARE - POLICE DEPT.
Accounts Payable Wanco, Inc.
Accounts Payable White Glove Cleaning Svc Inc, Theresa Contreras Accounts Payable WILSON PRINTING
Accounts Payable Urban Planning Partners Inc
Accounts Payable Valley Lock & Safe
Accounts Payable VALLEY OAK VETERINARY CENTER
Accounts Payable ICMA 457 - VANTAGEPOINT
Accounts Payable STATE DISBURSEMENT UNIT
Accounts Payable 4LEAF, Inc
Accounts Payable ICMA 457 - VANTAGEPOINT
Accounts Payable STATE DISBURSEMENT UNIT
Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
Accounts Payable AT&T MOBILITY
Accounts Payable AT&T MOBILITY
Accounts Payable ACCELA, INC.
Accounts Payable ANIMAL HOSPITAL/VETMOBILE
Accounts Payable AT&T & CALNET3 - CIRCUIT LINES
Accounts Payable AT&T/CALNET3 - TH/FDPD FIBER LINES
Accounts Payable Bear Electrical Systems, Inc
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable AT&T/CALNET3 - REPEATER LINES
Accounts Payable AT&T/CALNET3 - COMMUNITY PARK
Accounts Payable AT&T/CALNET3 - Summary
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable Big O Tires
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable BIDWELL TITLE & ESCROW
Accounts Payable Butte County Construction Inc
Accounts Payable Chico Auto Care/Ace Radiator
Accounts Payable Chico State Enterprises
Accounts Payable Biometrics4ALL, Inc
Accounts Payable Blue Flamingo Marketing Advocates
Accounts Payable Bug Smart
Accounts Payable Cole Huber LLP
Accounts Payable COMCAST CABLE
Accounts Payable COMCAST CABLE
26 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: 8/1/2022 - To Payment Date: 8/31/2022 Source Payee Name
81366 08/25/2022 Open $2,081.73
81368 08/25/2022 Open $12.87
81369 08/25/2022 Open $237.96
81370 08/25/2022 Open $350.00
81371 08/25/2022 Open $39.95
81372 08/25/2022 Open $21,232.76
81373 08/25/2022 Open $35,000.00
81374 08/25/2022 Open $30,000.00
81375 08/25/2022 Open $23,118.14
81376 08/25/2022 Open $886.34
81377 08/25/2022 Open $489.04
81378 08/25/2022 Open $280.38
81379 08/25/2022 Open $390.00
81380 08/25/2022 Open $228.50
81381 08/25/2022 Open $109.95
81382 08/25/2022 Open $23,166.00
81383 08/25/2022 Open $31.02
81384 08/25/2022 Open $181,095.18
81385 08/25/2022 Open $77.06
81386 08/25/2022 Open $7,357.22
81387 08/25/2022 Open $129.31
81388 08/25/2022 Open $1,600.00
81389 08/25/2022 Open $81,291.14
81390 08/25/2022 Open $7,000.00
81391 08/25/2022 Open $2,628.15
81392 08/25/2022 Open $323.41
81393 08/25/2022 Open $268.77
81394 08/25/2022 Open $670.95
81395 08/25/2022 Open $1,400.00
81396 08/25/2022 Open $2,300.00
81397 08/25/2022 Open $356.98
81398 08/25/2022 Open $501.77
81399 08/25/2022 Open $329,037.41
81400 08/25/2022 Open $1,200.00
81401 08/25/2022 Open $3,000.00
81402 08/25/2022 Open $275.00
81403 08/25/2022 Open $1,008.51
81404 08/25/2022 Open $2,000.00
81405 08/25/2022 Open $1,339.80
81406 08/25/2022 Open $3,518.96
81407 08/25/2022 Open $17,218.84
81408 08/25/2022 Open $6,570.00
81409 08/25/2022 Open $507.25
81410 08/25/2022 Open $243.27
Accounts Payable Mark Thomas & Company Inc
Accounts Payable Mennonite Disaster Service
Accounts Payable MID VALLEY TITLE & ESCROW
Accounts Payable Mt Shasta Spring Water Co., Inc
Accounts Payable Cook Concrete Products, Inc.
Accounts Payable Creative Composition Inc
Accounts Payable Dewberry Engineers Inc.
Accounts Payable Dirt to Doorknobs
Accounts Payable Dirt to Doorknobs
Accounts Payable Crowder, Steven
Accounts Payable CSFEWBC-VLSA
Accounts Payable Culligan of Chico
Accounts Payable Eagle Security Systems
Accounts Payable ENLOE MEDICAL CENTER, INC.
Accounts Payable ENTENMANN-ROVIN COMPANY
Accounts Payable Dokken Engineering, Inc.
Accounts Payable Dokken Engineering, Inc.
Accounts Payable DURHAM PENTZ TRUCK CENTER
Accounts Payable FRANKLIN CONSTRUCTION COMPANY
Accounts Payable GALLS LLC
Accounts Payable Golden State Emergency Vehicle Service, Inc.
Accounts Payable Entersect
Accounts Payable EXECUTIVE HOMES
Accounts Payable FEDERAL EXPRESS
Accounts Payable Hope Crisis Response Network, Inc
Accounts Payable HYDROTEC SOLUTIONS
Accounts Payable I.M.P.A.C. PAYMENTS IMPAC GOV SVCS/US BANCORP Accounts Payable GREAT AMERICA LEASING CORP.
Accounts Payable Guardian Public Safety Background Investigations Accounts Payable HDR Engineering, Inc
Accounts Payable Jennifer Arbuckle
Accounts Payable KEN'S HITCH & WELDING
Accounts Payable KNIFE RIVER CONSTRUCTION
Accounts Payable INLAND BUSINESS MACHINES
Accounts Payable INTERSTATE OIL COMPANY
Accounts Payable James or Lavenia Riotto
Accounts Payable Look Ahead Veterinary Services
Accounts Payable
Accounts Payable
Accounts Payable Lindgren's Canine Consultation Services Accounts Payable KNIFE RIVER CONSTRUCTION
Accounts Payable KOEFRAN INDUSTRIES
Accounts Payable KP Research Services, Inc.
Legal Photocopy Service
Accounts Payable LIFE ASSIST INC
Mark Thomas & Company Inc
27 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: 8/1/2022 - To Payment Date: 8/31/2022 Source Payee Name
81411 08/25/2022 Open $670.91
81412 08/25/2022 Open $549.92
81413 08/25/2022 Open $389.57
81414 08/25/2022 Open $600.00
81415 08/25/2022 Open $16,821.46
81416 08/25/2022 Open $415.00
81417 08/25/2022 Open $2,750.00
81418 08/25/2022 Open $6,930.00
81419 08/25/2022 Open $1,098.77
81420 08/25/2022 Open $600.00
81421 08/25/2022 Open $50.00
81422 08/25/2022 Open $1,103.93
81423 08/25/2022 Open $5,469.62
81424 08/25/2022 Open $1,492.50
81425 08/25/2022 Open $1,452.33
81426 08/25/2022 Open $154.45
81427 08/25/2022 Open $27.50
81428 08/25/2022 Open $16.09
81429 08/25/2022 Open $3,300.00
81430 08/25/2022 Open $90.00
81431 08/25/2022 Open $21,066.44
81432 08/25/2022 Open $345.45
81433 08/25/2022 Open $694.37
81434 08/25/2022 Open $1,131.72
81435 08/25/2022 Open $188.25
$1,700,768.80
1323 08/02/2022 Open $122,772.04
1325 08/11/2022 Open $2,100.00
1326 08/11/2022 Open $47,719.26
1327 08/11/2022 Open $9,575.60
1328 08/11/2022 Open $7,210.00
1329 08/11/2022 Open $33,566.17
1330 08/18/2022 Open $9,389.56
1331 08/18/2022 Open $33,121.84
1332 08/23/2022 Open $47,900.26
1333 08/23/2022 Open $7,260.00
$320,614.73
Checks Status Count
Open 201
Reconciled 1
Voided 2
Type Check Totals:
EFT
CALPERS
Accounts Payable CALPERS - RETIREMENT
Type EFT Totals:
AP - US Bank TOP AP Checking Totals
Reconciled Amount
$0.00
$0.00
$2,029.67 $0.00
Accounts Payable
Accounts Payable ING LIFE INS & ANNUITY COMPANY
10 Transactions
Transaction Amount
$1,692,744.13
INTERNAL REVENUE SERVICE
Accounts Payable CALPERS - RETIREMENT
$5,995.00
204 Transactions
Accounts Payable
Accounts Payable
CALPERS
VERIZON WIRELESS
Westlake Ace Hardware
VERIZON WIRELESS
Accounts Payable VERIZON WIRELESS
THOMAS ACE HARDWARE - MOTORPOOL
TOM'S TREE SERVICE
Tetra Tech - EMI
TUCKER PEST CONTROL INC
Urban Design Associates. LTD
THOMAS ACE HARDWARE - ENG. DEPT.
Accounts Payable
Accounts Payable
Accounts Payable
RENTAL GUYS - CHICO
Accounts Payable Shoemaker, Khrystie
Accounts Payable Sigler Pest Control
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Spherion Staffing
Sigtronics Corporation
PARADISE ALLIANCE CHURCH
Accounts Payable North State Tire Co. Inc.
Accounts Payable O'REILLY AUTO PARTS
Accounts Payable
R B SPENCER INC
RE CONSTRUCTION
OFFICE DEPOT ACCT#36233169
Accounts Payable Oroville Tow & Salvage
Accounts Payable PACIFIC GAS & ELECTRIC
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable THOMAS HYDRAULIC & HARDWARE SUPPLY, INC.
Accounts Payable
Accounts Payable
Accounts Payable
THOMAS ACE HARDWARE - FIRE DEPT.
Accounts Payable EMPLOYMENT DEVELOPMENT DEPARTMENT
Accounts Payable ING LIFE INS & ANNUITY COMPANY
Accounts Payable INTERNAL REVENUE SERVICE
Accounts Payable EMPLOYMENT DEVELOPMENT DEPARTMENT
28 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: 8/1/2022 - To Payment Date: 8/31/2022 Source Payee Name
Stopped 0
Total 204
EFTs Status Count
Open 10
Reconciled 0
Voided 0
Total 10
All Status Count
Open 211
Reconciled 1
Voided 2
Stopped 0
Total 214 $2,021,383.53
$2,029.67
$0.00 $0.00
$1,700,768.80 $0.00
$0.00
$320,614.73
$0.00
Transaction Amount
$320,614.73
$0.00
$2,013,358.86
$5,995.00
Transaction Amount
$0.00
Reconciled Amount
$0.00
$0.00
$0.00
$0.00
Reconciled Amount
$0.00
$0.00
$0.00
$0.00
29 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(c)
ORIGINATED BY: Dina Volenski, Town Clerk
REVIEWED BY: Scott E. Huber, Town Attorney
Kevin Phillips, Town Manager
SUBJECT: Authorize destruction of certain records maintained in the Town Clerk Department in keeping with the
principles of an effective and cost-efficient Records
Management Program.
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2022-__, A Resolution of The Town Council of the Town of Paradise Authorizing Disposal of Certain Town Records Maintained in the Town Clerk Department Pursuant to Government Code Section 34090; or,
2. Make the determination that certain records listed for destruction have value to the agency, and direct that all or some of the records listed in Exhibit B continue to be maintained.
Background:
The Town has had an established records management program since the early 1980’s.
Based upon recommendations from the California Secretary of State, all Town records have been appraised, inventoried and scheduled with a retention/destruction code pursuant to Town of Paradise Resolution No. 04-27 (original schedule was adopted in 1993 by Resolution No. 93-30). This resolution provides the Town with legal authority to dispose of certain records that are no longer required by the Town.
Analysis:
Once records have fulfilled their administrative, fiscal, or legal function they should be disposed of as soon as possible to maintain an efficient, effective and economical management of information. Resolution No. 04-27 provides the legal authority, with the Town Attorney’s consent, to dispose of records that no longer serve the administrative, legal and/or fiscal purposes for which they were created. Since the records are eligible for destruction and no longer have value to the Town, it is appropriate that the Council adopt the proposed resolution.
Financial Impact:
$33.28 per bin from Access Shredding. Certain records contain information of a confidential nature, and it is prudent to retain a shredding service to destroy the records and provide the Town with a certificate of destruction. 30 TOWN OF PARADISE
RESOLUTION NO. 2022- ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING DISPOSAL OF CERTAIN TOWN RECORDS MAINTAINED IN THE
TOWN CLERK DEPARTMENT PURSUANT TO
GOVERNMENT CODE SECTION 34090.
WHEREAS, Government Code Section 34090 authorizes the head of a Town department, with the written consent of the Town Attorney, to destroy certain records over four years of age upon approval of the legislative body; and, WHEREAS, the Town Attorney consent is incorporated into this resolution as Exhibit A approving the destruction of those certain records set forth in Exhibit A; and, WHEREAS the specific records are set forth on Exhibit B; and, WHEREAS, the Town Clerk is requesting to dispose of certain records maintained in the Town Clerk Department as set forth on the attached Exhibit B.
NOW, THEREFORE, the Town Council of the Town of Paradise does resolve as follows:
SECTION 1: The Town Clerk of the Town of Paradise is hereby authorized to dispose of the records set forth in Exhibit “B" of this resolution.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 13 th
day of September, 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
31 TOWN OF PARADISE
RESOLUTION NO. 2022- ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING DESTRUCTION OF CERTAIN TOWN RECORDS
PURSUANT TO GOVERNMENT CODE SECTION 34090
EXHIBIT “A”
Consent to Destruction of Certain Records, Documents
and Papers of the Town of Paradise
Pursuant to the Government Code Section 34090, I hereby consent to the destruction of those certain records, documents and papers of the Town of Paradise listed on Exhibits B attached to Resolution No. 2022- ___.
DATED: September 13, 2022
_____________________________
Scott E. Huber, Town Attorney
32 TOWN OF PARADISE
RESOLUTION NO. 2022- ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING DESTRUCTION OF CERTAIN TOWN RECORDS
PURSUANT TO GOVERNMENT CODE SECTION 34090
EXHIBIT “B”
LIST OF FILES ELIGIBLE FOR DESTRUCTION
BOX 2016-00001
SUBJECT FILE
NUMBER
FILE DESCRIPTION RETENTION DATE
[Can Destroy After This
Date]
ADMINISTRATION
170-30-11 Notary – Joanna Gutierrez 11/01/18
LEGAL/LEGISLATIVE
CLAIMS/LITIGATION
520-40-59 Peters vs Town of Paradise – BCSC Case No 142909 4/08/08 520-20-20 Martin, Lacey v Town – BCSC Case No. 149436 11/14/11 520-20-22 Funk v Town – USDCCase No. 2:09-cv-01000-MCE-CKD 10/30/15 520-20-31 Brinkerhoff v Town – USDC Case No 2;10-CV-0023-MCE-CKD 520-20-40 Claim of Charney v Town 9/26/13
520-20-49 Earl(s) v Town - USDC Case No 2:12-cv-01126-KJM-CMK 520-20-50 Coleman v Town USDC Case No 2:11-cv-03189-JAM-CMK 520-20-59 Claim of Hayashida, R v Town 2/12/14
520-20-75 Claim of Gilbertson, J BCSC Case No 163013 09/24/14 520-20-77 Claim of Stevens, Larry 06/05/15
520-20-78 Claim of Poshard, Ron 06/05/15
520-20-79 Claim of Fevurly, Janice 06/30/15
520-20-80 Claim of Gillander, John 12/25/15
520-20-81 Claim of Glover, John 02/11/16
520-20-82 Claim of Weigand, Julie 04/29/16
520-20-85 Claim of Bowen, Tiffany 05/03/16
CONTRACTS
510-10-400 Town Clerk Employment Agreement Gutierrez, Joanna No. 06- 11 11/01/21
510-20-26 Inland Business Systems 11/01/21
510-20-36 Sierra Heating & Air Conditioning 11/01/21
510-20-69 Pacific Municipal Consultants – General Plan Housing Update 11/01/21 510-20-89 L & L Surveying 03/24/16
510-20-110 Air Vacuum, Inc (Fire Engine Exhaust Removal project) 11/01/21 510-20-122 Chrisp Company (Downtown Paradise Safety Project) 11/01/21 510-20-128 VSS International- Measure C Road Rehab Project Contract No.16-05
11/01/21
PERSONELL
620-20-05 *Gutierrez, Joanna 11/01/18
620-20-15 Gutierrez, Joanna: Certification and Training 11/01/18 620-20-19 Gutierrez, Joanna: File #2, 2003 through 2006 11/01/18 620-20-20 Gutierrez, Joanna: 2007 through 2015 11/01/18 33 TOWN OF PARADISE
RESOLUTION NO. 2022- ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING DESTRUCTION OF CERTAIN TOWN RECORDS
PURSUANT TO GOVERNMENT CODE SECTION 34090
BOX 2017-00002
SUBJECT FILE
NUMBER
FILE DESCRIPTION RETENTION DATE
[Can Destroy After This
Date]
410-10-06 Animal Control: General File 2012 to 2015 CU+2 05/03/2019 480-20-06 Grants: Supplemental Law Enforcement Services Fund 2007- 2012
T+5 09/11/2017
480-60-07 VIPS Annual Reports 2001 through 2007 CU+2 05/03/2019 580-10-41 Town Council/Planning Commission Original Agendas 2015 CU+2 05/03/2019 940-10-19 Solid Waste Fees 1996 through 2005 CU+2 05/03/2019 940-10-27 Solid Waste and Recycling Services, Paradise Urban Area 2007-09
CU+2 05/03/2019
960-30-03 Onsite: General Information – File #3 1999-2005 CU+2 05/03/2019 510-20-079 Contracts: Burton’s Fire Inc. T+5 02/19/2020 510-20-116 Water Truck Service T+5 02/14/2022
510-20-118 Contracts: Christopher M. Buzzard T+5 01/27/2022 510-20-144 Contracts: Ginno Construction T+5 01/27/2022 510-20-145 Contracts: Hernandez, Shelly M. T+5 12/16/2021 510-20-149 Hignell “Experts in your Home” Contrct No 16-18 T+5 1/31/2022 BOX 2019-00002
SUBJECT FILE
NUMBER
FILE DESCRIPTION RETENTION DATE
[Can Destroy After This
Date]
N/A Agenda Packets January 2017-December 2017 04/26/2020 180-30-093 Town Council Correspondence 2015 through 2016 04/26/2020 310-10-031 Check Register 2016 04/26/2020
580-10-029 Proof of Posting Agendas for Town Council/Planning Commission 2015
04/26/2020
34 TOWN OF PARADISE
RESOLUTION NO. 2022- ___
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE
AUTHORIZING DESTRUCTION OF CERTAIN TOWN RECORDS
PURSUANT TO GOVERNMENT CODE SECTION 34090
BOX 2020-00001
SUBJECT FILE
NUMBER
FILE DESCRIPTION RETENTION DATE
[Can Destroy After This
Date]
N/A Agenda Packets January 2019-December 2019 01/17/2022 BOX 2020-00002
SUBJECT FILE
NUMBER
FILE DESCRIPTION RETENTION DATE
[Can Destroy After This
Date]
155-15-026 Freedom of Information (FOIA) request FORCAL and MUCRoc
05/27/2022
Reviewed by:
_______________________________________
Dina Volenski, Town Clerk
35 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(d)
ORIGINATED BY: Marc Mattox, Public Works Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Stearns Rd Dry Creek Culvert Emergency
LONG TERM
RECOVERY PLAN:
N/A
COUNCIL ACTION REQUESTED:
a) Receive an update for the Stearns Rd Dry Creek Culvert Emergency Background:
During the course of normal work, the Public Works Department discovered a pothole along Stearns Road in the vicinity of the Dry Creek drainage. Upon further inspection, the pothole was in fact a void in the roadway caused by erosion associated with a failed culvert. The culvert in question is approximately 72” in diameter and is of corrugated metal pipe material. The pipe itself has rusted significantly, exposing bare earth along the flowline. This degradation altered the flow of water and began slowly undermining the roadway surface until the void was discovered. As a result of this condition, Public Works immediately put in place a roadway closure to ensure regular or emergency traffic does not drive over the comprised roadway, causing further failure and/or injury.
A location map and photos of the existing conditions are attached to this Agenda Summary.
On June 14, Paradise Town Council declared an emergency to repair or replace culvert and make repairs to the roadway. This declaration was critical to shorten the amount of time whereas an emergency evacuation route is unavailable as the Town enters the 2022 fire season.
Since the declaration, Town staff received multiple quotes for various iterations of a planned scope of work to make repairs. A signed agreement with Visinoni Brothers, Inc. is included in this Agenda Summary. The cost of repairs will be made on a time and materials basis with a not to exceed amount of $192,797.50. With the contract executed, material orders have been placed with anticipated 6-8 week lead times. The contractor is working with suppliers on the status of the emergency to explore expedited delivery options, if available.
Monthly updates at regular Council meetings will be provided until the emergency has been fully mitigated.
Analysis:
Construction began in late August and the failed pipe has been replaced. Ongoing efforts are underway to open the roadway which is expected before September 16. It is anticipated the emergency will be declared mitigated at the October regular Town Council meeting.
Financial Impact:
The cost of the repairs will not exceed $192,797.50 and will be paid from local drainage funds. 36 Figure 1 - Stearns Road Void Caused by Erosion
Damage
Location
37 38
Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(e)
ORIGINATED BY: Dina Volenski, Town Clerk
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Amendment to positions listed in the Town of Paradise Conflict of Interest Code
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2022-__, A Resolution of the Town Council of the Town of Paradise Amending and Re-Adopting Conflict of Interest Code for the Agencies and Departments of the Town of Paradise Which Incorporate by Reference the Fair Political Practices Commission's Standard Model Conflict of Interest.
Background:
Government Code Section 87300, et seq., requires every local government agency to adopt and promulgate a Conflict of Interest Code that sets forth Town officials/employees who make decisions that might benefit them financially and, as such, must publicly disclose certain financial interests. The proposed resolution incorporates by reference the Fair Political Practices Commission adopted regulation (2 Cal. Code of Reg., Section 18730) which contains the terms of a standard model Conflict of Interest Code.
Analysis:
Upon review, it was determined that Appendix B to the Town Conflict of Interest Code needs to be amended to update several positions/titles due to the Reclassification and addition of new positions over the last two years and also update the appropriate disclosure categories.
Financial Impact:
None
39 “AMENDS RESOLUTION 20-05”
TOWN OF PARADISE
RESOLUTION NO. 2022-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING AND READOPTING CONFLICT OF INTEREST CODE FOR THE AGENCIES AND DEPARTMENTS OF
THE TOWN OF PARADISE WHICH INCORPORATE BY REFERENCE THE FAIR POLITICAL
PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST WHEREAS, the Political Reform Act, Government Code Section 87300, et seq., requires every local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Reg., Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act; and
WHEREAS, this Town Council has determined that the attached Appendices A, B and C accurately set forth those positions which should be designated and the categories of financial interests which should be made reportable;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
1. The provisions of Title 2 of the California Code of Regulations Section 18730 and any amendment to it duly adopted by the Fair Political Practices Commission along with the attached Appendices in which Town officials and employees are designated and disclosure categories are set forth, are hereby amended and re-adopted and incorporated by reference and constitute the Conflict of Interest Codes of the Town of Paradise.
2. Persons holding designated positions shall file statements of economic interest pursuant to Section 18730. All designated employees shall file their statement with the Paradise Town Clerk to whom the Town Council hereby delegates the authority to carry out the duties of filing officer.
3. Statements of economic interest for members of the Town Council, Planning Commission Town Manager, Town Attorney, Finance Director/Town Treasurer shall be filed with the Town Clerk who shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission.
40 “AMENDS RESOLUTION 20-05”
TOWN OF PARADISE
RESOLUTION NO. 2022-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING AND RE-ADOPTING
CONFLICT OF INTEREST CODE FOR THE AGENCIES AND DEPARTMENTS OF THE TOWN OF PARADISE WHICH
INCORPORATE BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL
CONFLICT OF INTEREST
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 13th day of September, 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
41 “AMENDS RESOLUTION 20-05”
APPENDIX A
RESOLUTION NO. 2022-
GENERAL PROVISIONS
When a designated employee is required to disclose investments and sources of incomes, he/she need only disclose investments in business entities and sources of income which do business in the Town of Paradise, plan to do business in the Town of Paradise or have done business in the Town of Paradise within the past two years. In addition to other activities, a business entity is doing business within the Town of Paradise if it owns real property within the Town limits. When a designated employee is required to disclose interests in real property, he need only disclose real property which is located in whole or in part within, or no more than two miles outside, the boundaries of the Town of Paradise or within two miles of any land owned or used by the Town of Paradise.
Designated employees shall disclose their financial interest pursuant to the appropriate disclosure category as indicated in Appendix B.
DISCLOSURE CATEGORIES
Category 1: Designated Employees Whose Duties are Broad and Indefinable All sources of income, interests in real property, and investments and business positions in business entities.
Category 2: Designated Employees Whose Duties Involve Contracting or Purchasing Contracts or makes purchases for entire agency: Investments and business positions in business entities and sources of income which provide services, supplies, materials, machinery or equipment of the type utilized by the agency.
Contracts or makes purchases for specific department within the agency: Investments and business positions in business entities and sources of income which provide services, supplies, materials, machinery or equipment of the type utilized by the designated employee's department or division.
Category 3: Designated Employees Whose Duties Involve Regulatory, Permit, or Licensing Powers All investments and business positions in business entities and sources of income which are subject to the regulatory permit or licensing authority of the Town.
Category 4: Designated Employees Whose Decisions May Affect Real Property Interests Investments and business positions in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property, and all interests in real property.
42 “AMENDS RESOLUTION 20-05”
APPENDIX B
RESOLUTION 2022-
Town Council 1
Successor Agency to Paradise Redevelopment Agency Directors 1 Planning Commissioners 1
Measure V Oversight Committee 1
Town Manager/Successor Agency Manager 1
Assistant Town Manager 1
Assistant to the Town Manager 1
Town Attorney/Successor Agency Counsel 1
Finance Director/Town Treasurer /Successor Agency Finance Director 1 Town Clerk/Elections Official/Successor Agency Clerk 1
Human Resources/Risk Management Director 1
Disaster Recovery Director
Recovery and Economic Development Director 1
Recovery and Economic Development Project Manager 1
Housing Program Manager Supervisor 4
Housing Analyst 4
Information Systems Director Technology (IT) Manager 2
Fleet Shop Maintenance Foreman Senior Mechanic 2
Chief of Police 1
Police Lieutenant 2
Fire Chief 1
Building Official/Onsite Sanitary Official Fire Marshall 3 Fire Battalion Chief 2
Community Development Department (CDD) Director-Onsite 1 Community Development Director-Building 1
Assistant Planner/CDD Manager Community Development Manager 2 Assistant/Associate Planner 1
Senior Planner
Code Enforcement Officer 3
Public Works Director/Town Engineer 1
Assistant/Associate Engineer 3
Senior Planner 1
Principal Engineer 3
Capital Projects Manager 1
Senior Capital Project Manager 1
43 “AMENDS RESOLUTION 20-05”
Construction Inspector 3
Building/Onsite Inspector I/II 3
Assistant Onsite Sanitary Official 3
Senior Building/Onsite Inspector 3
Senior Accountant 3
Public Works Manager 2
Town Engineer 1
APPENDIX C
RESOLUTION NO. 2022-
Consultant/Contract Employee Disclosure Category
Consultants/contract employees shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation:
The Town Attorney may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's/contractor's duties and, based upon that description, a statement of the extent of disclosure requirements. The Town Attorney's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
44 “AMENDS RESOLUTION 20-05”
45 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(f)
ORIGINATED BY: Eric Reinbold, Chief of Police
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Award Contract for R56 Grounding Installation
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Authorize the Town Manager to enter into a contract with L. D. Strobel Company, Incorporated, for the installation of electrical grounding to R56 Grounding Standards at the Police Department, Fire Station 81, and related equipment; and,
2. Approve staff recommended budget adjustments.
Background:
To enable the full restoration of the Paradise Police Dispatch Public Safety Answering Point (PSAP), the Town needs to restore the two-way radio communications for the Town. Prior to the Town installing new Dispatch radio equipment, the grounding for the electrical systems, radio systems, and related equipment must meet R56 Grounding Standards. The R56 Grounding Standards have been widely accepted as the highest standards for grounding radio equipment.
Motorola requires R56 Grounding Standards be met for all areas that Motorola radio equipment is installed, and all electrical and network connections the equipment is connected to, for Motorola to fully back their warranties and service contracts on installed equipment.
Currently, the Police Department PSAP, Server Room, backup generator and related equipment have grounded electrical systems, however, the installed grounding does not meet the additional R56 Grounding Standards for the radio system. The Paradise Fire Station 81 is in the same situation, and the existing grounding for the electrical and radio systems in the Radio Vault, the Radio Tower, and related equipment must be upgraded to meet R56 Grounding Standards.
Analysis:
Since the R56 Grounding Standards are above and beyond building code grounding requirements and specific to the installation of two-way radio systems, the Standards are not widely known amongst electrical contractors. Instead, the Standards are primarily familiar to licensed contractors who specialize in the installation of radio towers, radio vaults and other radio infrastructure. In the Northern California area, R56 grounding is not installed by radio technicians.
This creates a very limited number of contractors servicing our area that perform this specific, highly specialized work. After months of significant research and effort, the Police Department has secured a proposal for this work from only one contractor, L. D. Strobel Company, 46 Incorporated, of Concord, California. All other contractors contacted either stated they subcontract the R56 Grounding work to L. D. Strobel, do not complete grounding work inside occupied structures, or were not able to provide a quote for the work for other reasons. Additionally, L. D.
Strobel has conducted R56 Grounding work for Butte County Information Systems, who manages the Butte Regional Interoperable Communications System (BRICS), the radio network we will be joining, as well as Sutter Buttes Communications, the contractor that is the designated Motorola vendor for our area that will be installing the Dispatch radios. Both organizations have positive experience with L. D. Strobel completing work to their satisfaction. Bob Simmons with CDX Wireless, the Town’s Project Manager for the PSAP radio restoration project, has also worked with L. D. Strobel on other projects and has found them to be professional, timely, and perform satisfactorily on their contracts. Consequently, the Police Department recommends sole sourcing the required R56 Grounding work to the only responsive company, L. D. Strobel Company, Incorporated.
Financial Impact:
The R56 Grounding work is a portion of the larger Town of Paradise Police PSAP restoration project. Initial estimates received from L. D. Strobel in September 2020, were used to build the budgetary estimates for the larger PSAP restoration project. The September 2020 estimate from L. D. Strobel to complete the work was $188,470. Due to inflationary pressures, commodity prices, and labor costs, as well as commodity prices for the primary supplies such as copper wiring rising significantly over the past two years, the quote for the project is now $220,648 with an additional $5,172 for the required bonds, for a total project cost of $225,820.
The budget for the original estimated cost of $188,470 was included in the Capital Improvement Plan in the FY 2022-23 Capital Budget under project 7324 – Restoration of Dispatch Services.
The original total project cost was estimated to be $892,000, which consisted of $72,000 in funding from Measure V and $820,000 in funding from the American Rescue Plan Act (ARPA) funds. This portion of the overall project was budgeted to be funded from the ARPA funds (budget account 2095.00.0000.595.5910.105). The additional $37,350 is recommended to be funded through additional use of the ARPA funds. This recommendation would increase the original budget of $820,000 in funding (authorized through account 2095.00.0000.595.5910.105) by the increase in the quote listed above in the amount of $37,350. 47 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(g)
ORIGINATED BY: Marc Mattox, Public Works Director/Town Engineer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Adoption of Ordinance No. 620
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:.
1. Waive second reading of Town Ordinance No. 620 and approve reading by title only; and,
2. Adopt Town Ordinance No. 620, "An Ordinance of the Town Council of the Town of Paradise Amending Paradise Municipal Code Chapter 8.55, Relating to the Development of Land Areas Prone to Flood Hazard.
Background:
On August 9, 2022, the Town Council introduced the above-noted Town ordinance for purposes of eventual adoption. If adopted, the proposed ordinance intends to amend Section 8.55 of the Paradise Municipal Code relating to the development of land areas that are prone to flood hazards.
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. 620 [copy attached]. Once adopted, the provisions of this ordinance will be effective in 30 days.
Financial Impact:
There will be a nominal cost for publishing the ordinance within the local newspaper and codification.
LIST OF ATTACHMENTS
1. Ordinance No. 620 " "An Ordinance of the Town Council of the Town of Paradise Amending Paradise Municipal Code Chapter 8.55, Relating to the Development of Land Areas Prone to Flood Hazard.
48 TOWN OF PARADISE
ORDINANCE NO. 620
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PARADISE AMENDING PARADISE MUNICIPAL CODE CHAPTER 8.55
RELATING TO DEVELOPMENT OF LAND AREAS PRONE TO FLOOD HAZARD SECTION 1. Chapter 8.55 of the Paradise Municipal Code is amended to read as follows:
8.55.010 - Statement of purpose.
It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
I. Ensure any new development or project for improvement of a structure considers and accounts for special flood hazards.
8.55.030 - Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.
"Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood"). "Base flood" is the term used throughout this chapter.
"Building," see "Structure."
“Certification Letter” means a letter prepared, stamped and signed by a registered professional Civil Engineer, Architect or Land Surveyor, presenting the methodology and improvements used to determine that the proposed structure or land improvement is floodproofed, and, or designed according to this chapter.
49 "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Flood" or "flooding" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from: the overflow of inland waters; the unusual and rapid accumulation or runoff of surface waters from any source; or mudslides (i.e., mudflows) which are proximately caused by flooding as defined herein and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current;
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by currents of water exceeding anticipated cyclical levels or suddenly caused by an unusual and unforeseeable event which results in flooding as defined in this definition.
“Development Permit” means any permit required per the Paradise Municipal Code for discretionary approval, construction, alteration or improvement of structures, or land within the jurisdiction of the Town.
"Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source. See "Flooding."
"Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage. "Governing body" means the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.
50 "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "New construction," for floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.
"One-hundred-year flood" or "100-year flood," see "Base flood." "Recreational vehicle" means a vehicle which is:
1. Built on a single chassis;
2. Four hundred square feet or less when measured at the largest horizontal projection;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. "Special Permit Zones" are the flood prone areas.
"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty days from the date of the permit. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include the installation of streets and/or walkways; For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground and requires a building or planning permit; this includes a gas or liquid storage tank or a manufactured home "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
8.55.035 - Special Permit Zones Adoption.
51 For purposes of supplementing the administration of the provisions of this chapter the "Special Permit Zones," established as areas inundated by flooding in a base flood event, is hereby adopted.
8.55.040 - General Provisions.
A. This chapter shall apply to all areas identified as flood-prone within the jurisdiction of the town.
B. The floodplain administrator shall obtain, review and reasonably utilize any base flood data available from other federal or state agencies or other source to identify flood-prone areas within the jurisdiction of the town. This data will be on file at the Paradise Town Hall building, Department of Public Works, located at 5555 Skyway, Paradise, California.
C. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.
Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the town from taking such lawful action as is necessary to prevent or remedy any violation.
D. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
E. In the interpretation and application of this chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the town; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
F. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the town, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder.
G. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.
8.55.050 - Administration.
A. A development permit shall be obtained for all proposed construction or other development in the community, including land alteration and placement of structures and manufactured homes, so that it may be determined whether such construction or other development is within flood-prone areas.
B. The town manager or designee is appointed to administer, implement, and enforce this chapter by granting or denying development permits in accord with its provisions. 52 C. The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following:
1. Permit Review. Review all development permit applications to determine that:
a. Permit requirements of this chapter have been satisfied; b. All other required state and federal permits have been obtained; and c. The site is reasonably safe from flooding relative to the Town adopted "Special Permit Zones" and/or other source of Base relative Flood Data.
2. Review and Use of Any Other Base Flood Data. The floodplain administrator shall obtain, review and reasonably utilize any base flood data available from other federal or state agency or other source.
3. Require additional studies, certification or documentation prepared, stamped and signed by a Registered professional Civil Engineer, Architect or Surveyor when they deem it necessary to do so, based on the proposed improvements and impacts to flood prone areas. Studies, certification or documentation may include, but are not limited to:
a. FEMA elevation certificates, using the appropriate FEMA methodology b. A Certification Letter to demonstrate compliance with this chapter.
8.55.060 - Provisions for flood hazard reduction.
A. If a proposed development site is in, or partially in, a flood-prone area, all new construction and substantial improvements, including manufactured homes and grading, shall:
1. Be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; to have no adverse impacts on, or displacement of, flood waters within the parcel; to review the flood depths and limits identified in the Special Permit Zone and a convey such floodwaters within proposed site improvements.
2. Be constructed:
a. With materials and utility equipment resistant to flood damage, b. Using methods and practices that minimize flood damage or displacement, and c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
B. If a subdivision proposal or other proposed new development, including manufactured home parks or subdivisions, is in a flood-prone area, any such proposals shall be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage within flood-prone areas;
2. All public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure to flood hazards.
C. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems, and discharge from the systems into floodwaters.
53 D. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.
SECTION 2. Pursuant to California Environmental Quality Act (CEQA) Guidelines section 15308 this ordinance is exempt from CEQA in that it is a Class 7 and Class 8 categorical exemption for actions taken by a regulatory agency to establish procedures for the protection of Natural Resources and for the protection of the environment.
SECTION 3. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.
PASSED AND ADOPTED BY THE Town Council of the Town of Paradise, County of Butte, State of California, on this 13th day of September 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
54 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(h)
ORIGINATED BY: Tony Lindsey, Community Development Director – Building & Code Enforcement
REVIEWED BY: Kevin Phillips, Town Manager
Scott Huber, Town Attorney
SUBJECT: Adoption of Ordinance No. 621
LONG-TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED: Upon conclusion of the public discussion of this agenda item, adopt either the recommended action or an alternative action.
1. Waive second reading of the entire Town Ordinance No. 621 and approve reading by title only (roll call vote); AND
2. Adopt Town Ordinance No. 621, " An Ordinance Amending Paradise Municipal Code
8.04.010 Relating to Declaration of what constitutes an unlawful public nuisance, Fire Hazards definition".
Background:
On August 9, 2022, the Town Council introduced the above-noted Town ordinance for purposes of eventual adoption. If adopted, the proposed ordinance intends to amend Section 8.04.010 of the Paradise Municipal Code Relating to the Declaration of what constitutes an unlawful public nuisance, Fire Hazards definition.
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. 621 [copy attached]. Once adopted, the provisions of this ordinance will be effective in 30 days.
Financial Impact:
There will be a nominal cost for publishing the ordinance within the local newspaper and codification.
LIST OF ATTACHMENTS
1. Ordinance No. 621 "An Ordinance Amending Paradise Municipal Code 8.04.010 Relating to Declaration of what constitutes an unlawful public nuisance ". 55 TOWN OF PARADISE ORDINANCE NO. 621
AN ORDINANCE AMENDING PARADISE MUNICIPAL CODE SECTION 8.04.010 RELATING TO THE DECLARATION OF WHAT CONSTITUTES AN UNLAWFUL PUBLIC NUISANCE.
SECTION 1. Section 8.04.010. of the Paradise Municipal Code is amended to read as follows:
8.04.010 - Declaration of what constitutes an unlawful public nuisance.
Each of the following conditions or acts is declared by the town council to be an unlawful public nuisance, and the violation of which shall be an infraction:
A. Fire hazards: A fire hazard shall be determined by the Town Fire Chief, Fire Marshal, or their designated representative(s). "Fire hazard" means any condition, arrangement, or act that will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as standard by persons in the public service of preventing, suppressing, or extinguishing a fire. Fire hazard includes but is not limited to:
1. The accumulation of dry or dead shrubs, trees, other vegetation, combustible waste, refuse, or material determined to add to the potential severity of a fire or violates defensible space standards.
2. During any time of the year, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:
a. First, clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30-foot clearing cannot be achieved, the fire code official may authorize an alternate method before work starts. b. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and a water source, garden hose or equivalent, ready for use in the immediate area during the operation or a minimum of one backpack pump water type/fire extinguisher fully equipped. c. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared. d. Keep a cell phone nearby and call 911 immediately in case of fire.
3. During a red flag warning, electric or gas-powered metal-bladed landscaping and gardening equipment shall not be operated.
4. Any act, activity, process, operation, or omission which increases or may increase the threat of fire or endangers public safety.
56 5. Any condition which may hinder, delay, or obstruct the prevention or suppression of a fire.
6. In addition to all other remedies outlined in this code or otherwise provided by law, the following shall be available to the Town and may be enforced against the contractor or other person performing work in violation of this chapter as well as the owner of the real property where the violation occurred:
a. California Code, Public Resources Code - PRC § 4435
b. California Code, Health and Safety Code - HSC § 13007 c. California Code, Penal Code – PEN § 451, § 452 ARSON d. Actual Cost of Fire Department Response – Negligent/Reckless Caused Fire B. Hazardous obstructions: An obstacle, landscaping or thing installed, or maintained on private property near a roadway intersection or driveway and roadway intersection which by reason of its size, location, and height is determined by the town manager or designee to constitute a hazard obstructing the line of vision to the travelling public.
Hazardous obstructions do not mean existing or future permanent buildings, otherwise constructed or maintained in accordance with applicable zoning and building regulations, public utility poles, or trees trimmed at the trunk at least eight (8) feet above the level of the ground surface, provided trees are spaced so that trunks do not obstruct the vision of motorists;
C. Polluted water: A swimming pool, pond or other body of water large enough in size to constitute a hazard to human health and safety, and which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" means water contained as a body of water, which includes, but is not limited to, bacterial growth, including algae, remains of insects, remains of deceased animals, rubbish, refuse, debris, papers, and any other foreign matter or material which because of its nature or location constitutes an unhealthy or unsafe condition; D. Refuse and waste: Refuse and waste matter, which by reason of its outdoor location and substantive character is unsightly and interferes with the reasonable enjoyment of property by neighbors, detrimentally affects property values in the surrounding neighborhood or community or which would materially hamper or interfere with the prevention or suppression of fire or the obstruction of other public safety or emergency services upon real properties in the Town. "Refuse and waste" means unused or discarded matter and material which consists of rubbish, refuse, debris and matter of any kind, including, but not limited to, rubble, asphalt, concrete, plaster, tile, rocks, bricks, building materials, crates, cartons, mattresses, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture, inoperative vehicles and parts, cans, bottles and barrels; E. Zoning ordinance: The violation of a provision of the land use regulations of the Town as set forth in Title 17 of this code;
57 F. Septic systems: The violation of a provision of the septic system regulations of the Town as set forth in Chapter 13.04 of this code or the provisions of the on-site manual; G. Maintenance of commercial property: Any person owning, leasing, occupying or having charge or possession of any commercial property and maintaining such property in a manner such that any of the following conditions, but not limited thereto, are visible from public or other private property and exist thereon:
1. Buildings that are abandoned, boarded up, partially destroyed, substantially deteriorated or left unreasonably in a state of partial construction without an active building permit.
2. Exterior wall and/or roof coverings that have become substantially deteriorated and do not provide adequate weather protection, unpainted, unmaintained and otherwise unprotected buildings, causing deterioration in the form of dry rot, warping, buckling, twisting, bowing and insect infestations of various kinds.
3. Buildings with broken or missing windows or doors, or buildings that are unsecured in such a manner that allows unauthorized entry.
4. Building exteriors, walls, fences, signs, retaining walls or other structures on the property which are broken, deteriorated or substantially defaced.
5. Graffiti that is not removed within five (5) calendar days after Town's code enforcement officer has given property owner written notice to remove it. Graffiti shall include the writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on buildings or structures, including, but not limited to, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, curbs, traffic control devices, signs and utility boxes.
6. Abandoned and inoperative vehicles not in compliance with the provisions of Chapter 10.16.
7. Outdoor attractive nuisances including, but not limited to junk, wrecked and/or dismantled vehicles, vehicles precariously raised off the ground on a jack, jack stand, or similar device, or on wood, rocks, or blocks; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; power machinery; broken or discarded furniture, household appliances and equipment including refrigerators, freezers, washers and dryers; and hazardous pools, ponds, or excavations.
8. Maintenance of premises in such a condition as to be detrimental to the public health, safety or general welfare, including large and precarious diseased, uprooted, dead or dying trees; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; or in such a manner as to constitute a public nuisance as defined by California Civil Code Section 3480.9.Overgrown, diseased or dead accumulations of weeds or vegetation; H. Maintenance of residential property: Any person owning, leasing, occupying or having charge or possession of any residential property and maintaining such property in a 58 manner such that any of the following conditions, but not limited thereto, are visible form public or other private property and exist thereon:
1. Buildings that are abandoned, boarded up, partially destroyed, substantially deteriorated or left unreasonably in a state of partial construction without an active building permit.
2. Buildings with broken or missing windows or doors that are unsecured in such a manner that allows unauthorized entry.
3. Graffiti that is not removed within five (5) calendar days after Town's code enforcement officer has given property owner written notice to remove it. Graffiti shall include the writing, defacing, marring, marking, inscribing, scratching, painting, or affixing of markings on buildings or structures, including, but not limited to, walls, fences, signs retaining walls, driveways, walkways, sidewalks, curbs, traffic control devices, signs and utility boxes.
4. Abandoned and inoperative vehicles not in compliance with the provisions of Chapter 10.16.
5. Outdoor attractive nuisances, including but not limited to junk, wrecked and/or dismantled vehicles, vehicles precariously raised off the ground on a jack, jack stand, or similar device, or on wood, rocks, or blocks; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; power machinery; broken or discarded furniture, household appliances and equipment including refrigerators, freezers, washers and dryers; and hazardous pools, ponds, or excavations.
6. Maintenance of premises in such a condition as to be detrimental to the public health, safety or general welfare, including large and precarious diseased, uprooted, dead or dying trees; open containers of oil, gasoline, other petroleum products, antifreeze, or other hazardous or flammable chemicals; or in such a manner as to constitute a public nuisance as defined by California Civil Code Section 3480; I. Building and construction: violation of the building permit or construction requirements of Title 15 of this code.
SECTION 2. Pursuant to California Environmental Quality Act (CEQA) Guidelines section 15308 this ordinance is exempt from CEQA in that it is a Class 8 categorical exemption for actions taken by a regulatory agency to establish procedures for the protection of the environment.
SECTION 3. This ordinance shall take effect thirty (30) days after the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance or a summary thereof shall be published in a newspaper of general circulation published and circulated within the Town of Paradise along with the names of the members of the Town Council of Paradise voting for and against same.
59 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
60 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(i)
ORIGINATED BY: Colette Curtis, Recovery and Economic Development Director
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Category 4 Arborist Services Contract NTE Increase
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Consider approving Amendment to Agreement between the Town of Paradise and P31, increasing the Not to Exceed amount for Category 4 Arborist Services.
Background:
On June 12, 2022, the Town of Paradise entered into an Agreement with P31 Enterprises (Contractor) to provide professional arborist services to support the assessment phase of the Category 4 Tree Removal Program. The initial amount of the Agreement was not to exceed (NTE) $200,000 for arborist services by the Contractor for the Town.
The tree removal program opened on July 25, 2022 and we have had an overwhelmingly strong response. As of August 31, 2022, we have had 310 properties enroll for assessment and 110 have already had their properties assessed for eligible trees. We anticipate this trend will continue through the enrollment period which currently ends on September 30, 2022.
Analysis:
The Town staff have determined that the previous agreement NTE amount needs to be increased by $450,000 to a new NTE of $650,000.
We are tracking the projected assessment expenses daily and while we believe it is likely that this increase to our project assessment budget will allow us to enroll properties until the final date (9/30/22), we also acknowledge that we will need to close enrollment to additional properties if/when we reach this increased contract amount as that will maximize all Hazard Mitigation funds available for this phase. Depending on the size and scope of properties enrolled, we will likely be able to enroll an additional 200+ properties
We have consulted with FEMA/CalOES and we have funds available to move within the budget categories of our grant that allows us to make this increase immediately and without delay to the project.
The original phase 1 project budget and updated proposed budget can be seen below. The primary savings of budget amounts for all categories is the result of managing the entire Phase utilizing Town Staff rather than outside contractors.
61 Financial Impact:
The professional services agreement and respective services will be 75% funded by FEMA/CalOES HMGP funds. The 25% of remaining match funds will be provided by the Town of Paradise. This NTE amendment does not change the total amount of the 25% match required by the project as it is a change in internal budget categories and not an increase to the overall project budget.
Attachments:
Attachment A – Professional Services Contract Agreement 62 ATTACHMENT A:
AMENDMENT TO AGREEMENT
BETWEEN THE TOWN OF PARADISE AND P31 ENTERPRISES.
This Amendment to Agreement is made on September 13, 2022, to the Agreement dated June 12, 2022by and between the Town of Paradise, a California municipal corporation (“Town”), and P31 Enterprises. (“Contractor”).
RECITALS
A. The initial amount of the Agreement was not to exceed $200,000 for arborist services by Contractor for the Town.
B. Town and Contractor have agreed to amend the Agreement so that the not-to exceed amount should be increased by $450,000 to $650,000.
AGREEMENT NOW, THEREFORE, Town and Contractor agree as follows:
1. The Agreement shall be amended as follows:
1.1. Notwithstanding any other provisions in the Agreement, the amount payable by Town to Contractor shall be increased by $450,000 for a not-to-exceed amount of $650,000.
2. All other provisions of the Agreement shall remain in full force and effect.
3. If there is a conflict between this First Amendment and the Agreement, this First Amendment shall be controlling.
TOWN OF PARADISE: P31 ENTERPRISES:
By: By:
Date Date:
REVIEWED FOR CONTRACT POLICY COMPLIANCE REVIEWED AS TO FORM:
By: By:
63 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(j)
ORIGINATED BY: Kate Anderson, Housing Program Technician REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Update to CalHome First-Time Home Buyer Program Guidelines
LONG TERM
RECOVERY PLAN:
[No]
COUNCIL ACTION REQUESTED:
1. Adopt Resolution No. 2022-____ “A Resolution of The Town Council of The Town of Paradise Adopting the New CalHome Homebuyer Acquisition Only/Acquisition With Rehabilitation Programs Guidelines”.
Background:
Through various grant sources, the Town of Paradise has provided financial assistance in the form of down-payment assistance to low-income residents. Earlier this year we updated our guidelines for down-payment assistance under HOME funding that allow us to increase the assistance amount. With our CalHome-DA funding, we can provide substantially the same firsttime home buyer program, but can assist disaster-affected people making up to 120% AMI, and offer down-payment assistance of 40% of the purchase price up to a maximum of $100,000.
Discussion:
It is the recommendation of Staff to adopt changes to the down-payment assistance program allowed by CalHome to align the program guidelines with those for the Town’s HOME funded down payment assistance program.
Staff recommends removing the $40,000 cap for assistance and instead have an assistance amount determined by CalHome’s regulation, which will vary by household need, and go up to 40% of the purchase price with a maximum limit of $100,000. By removing the assistance cap, we have the potential to assist more home buyers by eliminating the requirement for mortgage insurance. The median sales price of homes for Butte County currently published by the California Association of Realtors is $450,000 so keeping a $40,000 limit on what the Town can offer just isn’t feasible any longer.
Staff recommends adopting the income limit extension, only allowed under our CalHome Disaster Assistance grant that allows us to assist disaster-affected households making up to 120% AMI.
This includes anyone who has not owned a habitable dwelling in the last 3 years if they were displaced by the fire regardless of whether they were owners or renters at the time of the fire.
Non-disaster affected households are also eligible for down payment assistance but only those 64 households making up to 80% AMI, as allowed by CalHome.
Staff recommends reducing the front-end ratio to a minimum of 25% instead of 28%. These ratios will match the ratios in our HOME program.
Staff recommends reducing the interest rate to 1% per year for 10 years and no longer forgive the accrued interest after 20 years. There is value to the community with a high rate of owneroccupancy, especially in affordable housing, but forgiving the interest after 20 years disincentivizes leveraging the home equity to move up and means less opportunity for new home buyers to move in, and a slower rate of loan payoffs for the Town.
Financial Impact:
No impact to the general fund and little to no impact to the Housing department budget. 65 TOWN OF PARADISE
RESOLUTION NO. 2022-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE ADOPTING
THE NEW CALHOME HOMEBUYER ACQUISITION ONLY/AQUISTIONS WITH
REHABILITATION PROGRAM GUIDELINES
WHEREAS, the Paradise Town Council adopted Resolution 2022-01, “A Resolution of The Town Council of The Town of Paradise Amending The HOME and CDBG Homebuyer Acquisition Only/Acquisition With Rehabilitation Programs Guidelines Previously Adopted By Resolution 17-44 And The CalHome Sponsored First-Time Homebuyer Mortgage Assistance Program Guidelines” dated January 11, 2022;
WHEREAS, the Paradise Town Council adopted Resolution 2022-33 on May 31, 2202, “ A Resolution of the Town Council of the Town of Paradise Rescinding Resolution 2022-01 and Adopting the New Home and CDBG Homebuyer Acquisition only/Acquisition with Rehabilitation Programs Guidelines” which omitted the CalHome Sponsored First-Time Homebuyer Mortgage Assistance program.
WHEREAS, the Town Council now desires to adopt the updated guidelines, previously approved by Resolution No. 2022-01, for the CalHome Sponsored First-Time Homebuyer Mortgage Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PARADISE AS FOLLOWS:
1. The Town hereby amends the CalHome Sponsored First-Time Homebuyer Mortgage Assistance Program Guidelines dated Sept. 2, 2022, as shown in the attached as Exhibit A.
2. This resolution is effective immediately upon adoption.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 13th day of September, 2022, by the following vote:
AYES:
NOES:
ABSENT:
NOT VOTING:
_________________________________
Scott Crowder, Mayor
ATTEST: APPROVED AS TO FORM:
Dina Volenski, Town Clerk Scott E. Huber, Town Attorney 66 1
TOWN OF PARADISE
CalHome-Disaster Assistance Sponsored
First-Time Homebuyer Mortgage Assistance Program
PROGRAM GUIDELINES
CalHome Program The Town of Paradise has an allocation of State CalHome funds available for mortgage assistance to qualified borrowers. This funding is administered in accordance with Guidelines adopted by the State Department of Housing and Community Development (HCD). CalHome financing is “gap” financing, that is, the difference between the typical mortgage low-income households can pay, plus their down payment, subtracted from the cost of a modest home. The subsidy amount will be the gap, plus non-recurring closing costs. Funds are provided to qualified households in the form of a 30-year, deferred-payment mortgage. The CalHome First-Time Homebuyer Mortgage Assistance loan helps buyers purchase homes by providing financial assistance to reduce the amount of the first mortgage.
Application Process/Selection Applicant(s) work with Town-certified lenders of choice to obtain the primary lender’s pre-qualification. Applicant(s) then work with a certified real estate agent to select a home and enters into a purchase contract, continent upon receiving Town program loan approval. Lender provides Town with a copy of loan packet. Town will review the packet for compliance with program guidelines and submit the package and recommendation to the Town Manager for approval. The Town provides the applicant with a decision letter. Eligible buyers will be qualified on a first-come, first-served basis.
Eligible Homebuyer(s) The applicant(s) must be a first-time homebuyer(s), which means a borrow(s) who has not owned a home during the three-year period before the purchase of a home with CalHome assistance. Former home owners of a home that was destroyed in the Camp Fire are also eligible. In addition, the homebuyer(s) must meet the income eligibility requirements.
Displaced Homemaker The CalHome Section 7716(m) contains a provision for displaced homemakers, single parents, and individuals who have owned a housing unit not permanently affixed to a foundation or a severely dilapidated housing unit to be considered eligible for the program.
Household Size Any person whose primary residence will be the housing unit being purchased is considered a member of the household. You may not count, as part of your household, foster children, unborn children and children not living in the home. Children with two residences may only be counted if the child lives with the qualified applicant 50% of the time.
Household Income The CalHome borrower household must have a gross annual income not exceeding 80% of county median income for the size of the household or 120% of county median income if the household owned a home destroyed in the Camp Fire or former renters who were physically or economically displaced by the Camp Fire. For program eligibility, the total annual income includes income of all adult members of the household 18 years of age or older. Income also includes income from assets over $5,000 calculated at 2% of the value of the asset. Borrower must be income qualified not more than 180 days prior to the closing of their loan.
Homebuyer Costs Eligible households must document that they have the funds necessary for their amount of the down payment and closing costs as required by the primary lender and/or the Town of Paradise. The Town of Paradise requires the homebuyer to contribute a minimum of 2% of sales price of home as a down payment. These funds can be gifted from a relative and are NOT in addition to any first lender minimum down payment 67 2
requirements. If the household is participating in a self-help build, their hours-worked can satisfy the 2% contribution.
Credit Worthiness Qualifying ratios are a guideline in determining a potential borrower’s credit worthiness.
Many factors such as credit history, amount of down payment and size of loan will influence the decision to approve or disapprove a particular loan. Prior bankruptcies and/or foreclosures will be taken into consideration and a determination will be made based on the circumstances.
Homebuyer Education The CalHome homebuyer must attend a Town of Paradise-approved homebuyer education class. The class will cover such topics as: preparing for homeownership, available financing, credit analysis, loan closing, homeownership responsibilities, home maintenance, and loan servicing.
Housing Unit Eligibility Housing units eligible for the program must be located within Paradise town limits and be in compliance with State and local codes and ordinances. Said units include new or previously-owned single-family detached houses, condominiums, townhouses, units in residential loft structures or manufactured homes in a common-interest development or on a single-family lot and placed on a permanent foundation system.
Housing Debt Ratio Monthly housing costs (front-end ratio) shall be between 25% and 35% of the borrower’s gross monthly income. Total debt costs (back-end ratio) shall not exceed 45% of the borrower’s gross monthly income. Compensating factors (with pre-approval by the Town) might allow for variances in these ratios.
Maximum Sales Price The maximum allowable sales price of the assisted unit cannot exceed the current median sales price of a single-family home in Butte County as published monthly by the California Association of Realtors.
Maximum Loan Amount Up to 40% of the purchase price with a maximum of $100,000.00.
Term 30-year, deferred-payment mortgage as long as the residence continues to be owneroccupied; the entire loan is due and payable when the home is no longer occupied by borrower.
Interest Rate 1% simple interest for 10 years.
Primary Loan Borrower shall obtain the maximum first lien mortgage loan with a term and interest rate from an institutional mortgage lender consistent with affordable housing costs outlined above. The term of the loan shall be fully amortized in a minimum of 30 years.
Mortgage loans shall not include provisions for negative amortization, principal increases, balloon payments, or deferred interest. The first mortgage lender is required to collect and manage impound account for payment of taxes, assessments and hazard insurance according to the lender’s requirements. All subordinate financing provided shall defer principal and interest payment for the term of the CalHome Program loan.
Subordination The Town of Paradise will only subordinate to a first trust deed loan if the primary loan has a fixed interest rate, is fully amortized, and is provided by an institutional lender when the interest and/or term are reduced, to pay-off documented and verified medical costs, or to pay-off documented and verified capital improvements on the subject property. Neither debt consolidation nor cash-out is permitted.
Max CLTV The loan-to-value ratio for the CalHome Program loan, when combined with all other indebtedness to be secured by the property, shall not exceed one hundred percent (100%) of the property value at the time the loan is made.
Loan Repayment Loans shall be repayable upon sale or transfer of the property, when the property ceases to be owner-occupied, or upon the CalHome program loan maturity date.
Program loans are not assumable. However, in some limited circumstances, the original 68 3
loan might be transferrable. Borrower may begin making voluntary payment to the Town at any time.
69 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 2(k)
ORIGINATED BY: Ross Gilb, Finance Director / Town Treasurer REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Extension of Term of Contract for Banking Services with U.S. Bank
COUNCIL ACTION REQUESTED:
1. Authorize the Mayor and Town Manager to execute documents necessary to amend the contract for banking services with U.S. Bank originally dated October 1, 2017 to extend the terms of the agreement from October 1, 2022 to October 1, 2023.
Background:
During the September 12, 2017 Town Council Meeting, Council authorized the Mayor and Town Manager to enter into a five-year contract for banking services with U.S. Bank, effective October 1, 2017. The contract provided for fixed pricing for the initial five-year term with an option to review prices annually for two optional one-year extensions.
U.S. Bank has offered to maintain the current pricing for all banking services during the proposed one-year extension. Staff recommends that the Town authorize the Mayor and Town Manager to execute documents necessary to extend the term of the contract for banking services through October 1, 2023.
U.S. Bank currently meets the Town’s banking needs for all operations, including checking accounts for both the Town and the Successor Agency to the Paradise Redevelopment Agency.
All payroll and accounts payable disbursements are processed through these accounts through a combination of physical checks and electronic payments. These accounts ensure that the Town’s short-term cash flow needs are met to meet operational expenditures as they arise. All deposits are also processed through the Town’s U.S. Bank accounts.
Financial Impact:
The rate of fees included in the original contract for banking services will remain unchanged during the one-year term of extension. Estimated fees for banking services were included in the FY 2022- 23 operating budget based on the original pricing. As such, the extension of the agreement is not expected to have any additional financial impact.
70 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 5(a)
ORIGINATED BY: Kate Anderson, Housing Program Manager
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Public Hearing – 2021-2022 Consolidated Annual Performance and Evaluation Report for the Community
Development Block Grant Program
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1.Open and conduct the duly noticed public hearing to receive comment on the Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program; and
2. Authorize the Town Manager to submit the CAPER to the Department of Housing and Urban Development. (ROLL CALL VOTE)
Background:
At the conclusion of each program year, the regulations that govern the Community Development Block Grant (CDBG) Program require the preparation of the Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER outlines CDBG program accomplishments and expenditures, as well as providing an evaluation of the town’s progress toward meeting its community development goals and objectives.
Analysis:
For the 2021-2022 Program year, the Town of Paradise was allocated $124,077 for programs and projects that directly benefit the town’s low and moderate-income residents. Funding priorities for this program year included:
Public Services (15%)
Public Infrastructure and Improvements (65%)
Grant Administration (20%)
The Town accomplished two of its three priorities this year by contributing toward a summer program through Boys and Girls Club for Paradise kids and focusing much of its grant administration efforts and resources on public infrastructure by conducting a substantial amendment to commit all program income and most prior-year allocations toward a Skyway sidewalk in-fill project from Neal Road to Bille Road to be completed by Spring of 2023. In addition, the Town amended its Citizen Participation Policy to reflect HUD’s requirements. Lastly, the Town assisted a first-time homebuyer through the HOME program. 71 A copy of the draft CAPER is attached for your review and approval. Any comments received during the hearing will be incorporated into the final document prior to its submittal to HUD regional office.
Financial Impact:
The completion of the report does not require an additional expenditure. Staff time is covered by Community Development Block Grant Program funds. General Fund expenditure is not required.
However, failure to complete the report could jeopardize future CDBG funding. 72 CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The Town's goals for the 2021-2022 Annual Action Plan was to expand and improve public infrastructure, specifically sidewalks, and provide support services for low-to-moderate income households, as well as to perform program administration. Due to our disaster in 2018 and the HUD COVID waiver, the Town of Paradise's 2020-2024 Consolidated Plan was delayed by a year. The Town's accomplishments match with the goals of the 2021-2022 Annual Action Plan and they are necessary steps towards accomplishing those goals.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
1A Expand &
Improve Public
Infrastructure
Non-Housing
Community
Development
CDBG:
$
Public Facility or
Infrastructure
Activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
5000 0
0.00%
2000 0
0.00%
73 CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
2A Provide
Public Services
for LMI & Special
Needs
Non-Housing
Community
Development
CDBG:
$
Public service
activities other than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
100 54
54.00%
0 54
2A Provide
Public Services
for LMI & Special
Needs
Non-Housing
Community
Development
CDBG:
$
Public service
activities for
Low/Moderate
Income Housing
Benefit
Households
Assisted
0 0 10 0
0.00%
3A Increase
Affordable
Housing
Opportunity
Affordable
Housing
CDBG:
$
Homeowner
Housing Added
Household
Housing
Unit
25 0
0.00%
3A Increase
Affordable
Housing
Opportunity
Affordable
Housing
CDBG:
$
Direct Financial
Assistance to
Homebuyers
Households
Assisted
25 1
4.00%
4A Provide for
Small Business
Assistance
Non-Housing
Community
Development
CDBG:
$
Businesses assisted
Businesses
Assisted
20 0
0.00%
5A Planning and
general
administration
Non-Housing
Community
Development
CDBG:
$
Other Other 0 0 1 1
100.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, 74 CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
giving special attention to the highest priority activities identified.
During 2021-2022, the Town of Paradise focused on reallocating its program income funds and prior awards into the Public Infrastructure category to be used for a sidewalk infill project. To do this, the Town needed to make a Substantial Amendment and change our Public Participation Plan with regards to Substantial Amendments after discovering redundant public notification processes were inadvertently written into the plan which doubled the Public Noticing Period before an action could be taken. In addition, the Town was able to fund one Public Service project and assist one first time home buyer using HOME funds. 75 CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 43
Black or African American 1
Asian 0
American Indian or American Native 0
Native Hawaiian or Other Pacific Islander 0
Total 44
Hispanic 1
Not Hispanic 43
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
The Town's population per the most recent ACS data shows the racial makeup of the Town is 91% White alone, 6% Hispanic or Latino, 4.5% two or more races, 1% Native Amercan, and 0.5% Black. These families are likely representative of the Town's population when considering the sizeable margin of error and a 10% increase in population between 2020 and 2021. 76 CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 124,077 37,223
Table 3 - Resources Made Available
Narrative
Remaining funds from the 2021 program year have been earmarked for the sidewalk infill project that is expected to commence in the 2022 program year.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Table 4 – Identify the geographic distribution and location of investments Narrative
The target area is within the Town limits of Paradise. All funds expended during the program year 2021- 2022 were within the Town limits of Paradise.
77 CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
During this reporting period, the grant for Public Services was layered with funds from California Department of Education, Everybody Healthy Body, and community raised funds.
Publicly-owned land will be used to address the needs identified in the plan for the sidewalkinfill project, but work has not yet begun. 78 CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 10 1
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 10 1
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 10 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 1
Total 10 1
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The goals outlined in our consolidated plan did not align with feasible projects. ACS data also does not reflect our post-fire population and income, meaning projects benefitting the general population of an entire area were not permissible. The Town explored the feasibility of several different public projects before setteling on the sidewalk infill project, which prompted the Substantial Amendment and pushed back the start of construction into the 2022-2023 program year. 79 CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Discuss how these outcomes will impact future annual action plans.
By amending the Town's Public Participation Plan specifically for a Substantial Amendments, the Town was able to reallocate funds for allowable uses and feasible projects which are steps towards successful future Action Plans and Consolidated Plans.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 1 0
Moderate-income 0 0
Total 1 0
Table 7 – Number of Households Served
Narrative Information
The Town assisted one low-income family with down payment assistance through the Town's HOME first time home buyer program.
80 CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The Town's Code Enforcement Department continues to make twice-weekly visits to residents living in temporary shelters, connecting them with resources for permanent housing. Code Enforcement Officers are accompanied by Disaster Case Managers who can connect people with wraparound services.
Addressing the emergency shelter and transitional housing needs of homeless persons The Town is currently under an emergency ordinance allowing homeless people to temporarily camp in RVs on their properties. Like many rural jurisdictions, the Town of Paradise does not have its own emergency shelter nor transitional housing; instead the Town relies on the County's resources. Within the County, there is an emergency shelter and transitional housing is available.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after 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); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Due to the Camp Fire disaster, the Town has a very robust Disaster Case Management (DCM) system.
Since the entire Town is within the footprint of the wildfire, all residents qualify for a case manager.
These DCMs work with households to identify long-term housing, food programs, public assistance program, behavioral health services, etc.
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 had few homeless persons prior to our disaster. The majority of homeless households now are previously-housed persons trying to figure out how to rebuild a home with little to no funding. 81 CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
Through State and Federal programs, the Town is identifying and assisting those who are eligibile and referring those that are not to County programs. The Town also refers people to the Butte County Housing Authority which administers the County Section 8 voucher and VASH programs. 82 CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
All public housing in Butte County is managed by the Housing Authority of the County of Butte. No public housing is available within the Town limits of Paradise.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The Town works closely with the Housing Authority of the County of Butte to promote its First-Time Homebuyer program to its public housing resident and Family Self-Sufficiency program graduates.
Actions taken to provide assistance to troubled PHAs
The Town of Paradise does not own nor manage any public housing. However, members of the Town's housing staff have been Commissioners to the Housing Authority for a number of years and are aware that no public housing is troubled within our County.
83 CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken 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. 91.220 (j); 91.320 (i) The Town of Paradise has always been and continues to be a very accessible and affordable community to build and live. The Town has no policies that prevent affordable housing. The only ordinances the Town has added over and above the California building codes is wildland urban interface (WUI) standards. The Town's fees are among the lowest in the state. The Town has no growth limitations. The Town's biggest barrier to affordable housing continues to be the lack of sewer. Currently, the Town of Paradise is completing a feasibility study and implementation plan for a sewer for the more densely populated areas, including many of the properties that would be suitable for multi-family developments. After the Camp Fire, new sources of funding are now available to the Town of Paradise, and the Town is persuing them to construct a sewer to aid our recovery.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The Town provides two housing programs for low-income households: the first to assist homeowners with repairs and reconstruction of their residence, and the second to encourage affordable home ownership. The Town has identified people who were renting homes at the time of the fire as the largest population that is ineligible for most disaster-related housing programs, and the Town is working closely with our local Community Housing Improvement Program and Habitat for Humanity to pair the Down Payment Assistance for homeownership with participants in their self-help build programs.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The Town of Paradise was primarily developed between 1950 and 1980 which was a prime period for the use of lead-based paint. However, the Town lost 90% of that housing stock in the 2018 Camp Fire. Of the remaining 10% of housing that survived the fire, much of that stock was new which is why they survived the wildfire due to wildland urban interface (WUI) building standards put in place several years prior to the disaster. For those few pre-1978 homes that did survive the fire, the Town offers its OwnerOccupied Housing Rehabilitation program to address lead-paint mitigation.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) One silver lining to our disaster is the robust Disaster Case Management program that came as a result of the disaster but has been a successful program that assists our poverty-level families with a multitude of services. In addition, the Town works closely with non-profit origanizations in the area to provide programs/services to to very low-, low- and moderate-income residents, including the frail and elderly, mentally disabled, physically disabled, homeless, and at-risk youth. This year our public service grant 84 CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
recipient provided free and reduced-cost, full-time childcare to school age children, allowing parents to keep their jobs during the summer.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The institutional structure of the Town includes a five-member Town Council. Additionally, the Business and Housing Services staff provide the main administrative and project management duties for the CDBG entitlement. The Town works closely with non-profit organizations in the area to provide programs/services to to very low-, low- and moderate-income residents, including the frail and elderly, mentally disabled, physically disabled, homeless, and at-risk youth. The Town also focuses on collaboration with goverment agencies, community needs organizations and local businesses. Last, but not least, the Town has formed a Community Relations Committee made up of approximately 11 community members to ensure feedback from its citizens.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
Thanks to CDBG-DR funding, the Town is coordinating new affordable housing projects with developers.
In addition, the Town is working to develop a program to replace much of its private rental housing lost in the Camp Fire. The Town works closely with Community Housing Improvement Program (CHIP) and Habitat for Humanity of Butte County on several mutual self-help homeownership and reconstruction projects. In 2021-2022, the Town created a Housing Advisory Committee to bring together public and private housing stakeholders to identify the Town's housing needs and work together to address those needs.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Currently, the Town of Paradise is completing a feasibility study and implementation plan for a sewer for the more densely populated areas, including many of the properties that would be suitable for multifamily developments. Bringing sewer to the Town will increase the capacity for housing density, making it more economically feasible to build affordable multi-family housing. The Town is also working with state and federal agencies to develop a rental housing building program for affordable small multi-family projects that are more feasible in rural areas where housing density is inhibited by wastewater capacity. 85 CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The Town follows the procedures adopted in the Code of Federal Regulations, created by the Office of the Assistant Secretary of Community Planning and Development that pertain to Community Development programs are contained within Part 570 for CDBG entitlement communities.
Organizations receiving CDBG funds are required to report quarterly to the Town and also provide an end of year report which is reviewed and input into IDIS for yearly accomplishments at the close of the program year. Organizations are audited and staff performs site visits on a yearly basis. Staff will monitor the organizations to make sure that HUD regulations are being met or funding is relinquished.
At the end of each funding year, staff reviews the accomplishments of community service agencies to determine their ability to serve the low/mod residents of Paradise and meet the program requirements.
The Town also follows all applicable program requirements regarding housing projects and lead-based paint standards. Housing applicants are reviewed thoroughly by staff to ensure they have met all eligibility requirements. Site inspections are utilized to ensure that the housing, whether for purchase or rehabilitation, complies with safety and health requirements of the programs. Recipients are verified annually through utility billing verification to ensure owner occupancy of the property.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The Town follows its Citizen Participation Plan for all CDBG-related programs. A public notice is published in the local newspaper 15 days prior to the public hearings. The draft document is made available at Town Hall, the Town's Building Resiliency Center, the Butte County Public Library (Paradise Branch) and on the Town's website. All of these locations are known to be accessible to persons with disabilities, persons of low/moderate income, as well as citizens at large who may be interested in participating through public commentary. Public hearings are held for public comment and questions of draft reports. All comments received are presented to Council for consideration of adoption. 86 CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
No changes have been made to the Town's program objectives. Affordable housing and Public Infrastructure remain the Town's top priorities.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year. 87 CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
No changes have been made to the Town's program objectives. Affordable housing and Public Infrastructure remain the Town's top priorities.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year. 88 CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours 0
Total Section 3 Worker Hours 0
Total Targeted Section 3 Worker Hours 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0
Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 0
Direct, on-the job training (including apprenticeships). 0 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. 0
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). 0
Outreach efforts to identify and secure bids from Section 3 business concerns.
0 Technical assistance to help Section 3 business concerns understand and bid on contracts. 0
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 0
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. 0 Held one or more job fairs. 0
Provided or connected residents with supportive services that can provide direct services or referrals. 0
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. 0 Assisted residents with finding child care. 0
Assisted residents to apply for, or attend community college or a four year educational institution. 0
Assisted residents to apply for, or attend vocational/technical training. 0 Assisted residents to obtain financial literacy training and/or coaching. 0 Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. 0
Provided or connected residents with training on computer use or online technologies. 0
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. 0 Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
0 89
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
Other. 0
Table 9 – Qualitative Efforts - Number of Activities by Program Narrative
No project in the 2021 program year reached the threshold of investment to trigger Section 3. 90 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 6(a)
ORIGINATED BY: Rick Manson, Battalion Chief
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Purchase of a Pierce Type 1 Fire Engine, Surplus Engine 281,
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
Consider adopting a motion relating to the following actions:
1. Authorize the Town Manager to execute the necessary documents to order and purchase a Type 1 Pierce Enforcer Fire Engine before September 15th, 2022; and
2. Adopt Resolution No. 2022-__, “A Resolution of the Town Council of the Town of Paradise Declaring a Certain Fire Vehicle to be Surplus Property and Authorize the Disposal Thereof”; and,
3. Authorize the Town Manager to recycle/scrap the surplus 2002 Type 1 Pierce fire engine, pending approval of a Butte County AQMD “Community Clean Air Grant” for the maximum award amount.
Background:
The Fire Department has requested the replacement of a Type 1 Fire Engine to maintain its service fleet. The engine being replaced is a 2002 Pierce Type 1 Fire Engine that has served our community for 20 years. The typical service life of a fire engine, for a professional fulltime fire department, is approximately 20 years due to maintenance costs and industry standard changes.
Analysis:
The Fire Department recommends using $570,000.00 of general fund reserves and $350,000.00 from the Measure V fund for a total of $920,000.00 to purchase the new fire engine. The quote received from Golden State Fire Apparatus (Pierce Manufacturing) totals $789,920.70, which leaves a balance remaining that will allow the Fire Department to purchase loose emergency equipment not to exceed $130,079.30 for a total of $920,000.00.
The Fire Department has submitted a zero-dollar match grant on the behalf of the Town of Paradise, for a Butte County Air Quality Management District’s “Community Clean Air Grant” for the maximum award amount of $64,824.26. Acceptance of this grant would require the Town to recycle/scrap the 2002 Type 1 fire engine to receive the grant award. A grant award of this amount is approximately 5 times greater than what would be expected if the equipment were auctioned.
Awarded funds could then be returned to the Measure V fund to help restore a reserve balance. 91 If the grant is not awarded, staff recommends the Town Manager enter into an agreement with a broker to sell the fire engine with a commission not exceeding 5%.
Financial Impact:
$570,000.00 of general fund reserves and $350,000.00 from the Measure V fund for a total of $920,000.00.
92 TOWN OF PARADISE
RESOLUTION NO. 2022-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PARADISE DECLARING
A CERTAIN FIRE VEHICLE TO BE SURPLUS PROPERTY AND AUTHORIZING
DISPOSAL THEREOF
WHEREAS, the Town of Paradise wishes to dispose of a certain fire department vehicle that is no longer functional or necessary to the Town’s operations through public auction, internet sale, salvage or other legal method.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Paradise as follows:
Section 1. The Town hereby declares the following vehicle to become surplus property:
1. 2002 Type 1 Pierce fire engine VIN 4PICT02W32A002156 Section 2. Pursuant to Paradise Municipal Code Section 2.45.130, the Town Manager is hereby authorized to dispose of the property set forth in Section 1 through public auction, internet, sale, salvage, donation or other legal method.
PASSED AND ADOPTED by the Town Council of the Town of Paradise this 13th day of September, 2022, by the following votes:
AYES:
NOES:
ABSENT:
NOT VOTING:
___________________________
Steve Crowder, Mayor
ATTEST:
BY: ____________________________
Dina Volenski, CMC, Town Clerk
APPROVED AS TO FORM:
BY: _____________________________
Scott Huber, Town Attorney
93 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 6(b)
ORIGINATED BY: Eric Reinbold, Chief of Police
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Award Contract for Purchase and Installation of Police Department Dispatch Radio System
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Authorize the Town Manager to enter into a contract with Motorola Solutions, for the purchase and installation of a new Dispatch radio system, and related equipment.
2. Approve staff recommended budget adjustments.
Background:
To enable the full restoration of the Paradise Police Dispatch Public Safety Answering Point (PSAP), the Town needs to restore the two-way radio communications for the Town. For the Police Department Dispatchers to communicate with field units of all Town Departments from the Police Department Dispatch Center on the Butte Regional Interoperable Communications System (BRICS) network, the Town must purchase and install new Dispatch radio equipment. The BRICS network is built on a Motorola 700 MHz digital, trunked, radio system. Butte County owns the BRICS network, and Butte County Information Systems manages and maintains the BRICS system and equipment. Butte County and Butte County Information Systems are requiring radio systems and equipment that joins the BRICS network be fully compatible with the BRICS network.
To maximize this compatibility and minimize the initial and long-term integration challenges and maintenance costs required of the Town, the Town must install compatible Motorola equipment.
Analysis:
Motorola Solutions is the only manufacturer of Motorola radio equipment, and Motorola Solutions has assigned Sutter Buttes Communications of Yuba City, California, as the territory vendor for the required Motorola equipment for the Town of Paradise. As such, Motorola Solutions equipment must be purchased through Motorola, and will be installed by Sutter Buttes Communications. Under the Motorola territory assignment process, there are not alternative Motorola Solutions dealers to solicit bids from. For Motorola Solutions to fully execute and support their warranty contract on the proposed equipment, Motorola Solutions requires that an authorized Motorola Solutions dealer install the equipment. Since the installation and onboarding of Motorola Solutions equipment can only be completed by an authorized dealer, and Sutter Buttes Communications is the assigned Motorola dealer, staff is recommending to sole source the 94 purchase of the new Dispatch radio systems through Motorola Solutions and the installation of the equipment through Sutter Buttes Communications.
The radio equipment to be purchased will provide the Town of Paradise with a robust, Town-wide, two-way radio system to replace the function of the Town’s radio networks that were destroyed in the Camp Fire. This equipment will also provide improved layers of interoperable communications capabilities with all Public Safety agencies throughout Butte County, and significantly improved interoperable communications with other Public Safety agencies in the greater region. To install the new radio equipment, the current radio equipment must be removed, cleaned up, or reconfigured. The removal, cleanup, and reconfiguration of the old equipment is not included in this contract and will be brought to the Council in a separate agenda item.
Staff recommends the acceptance of the sole-source contract to purchase and install this new radio equipment. With estimated shipping times for this equipment currently extending up to 28 weeks, it is critical to order this equipment as soon as possible to avoid any further delays.
Financial Impact:
The purchase and installation of a new Dispatch radio system and related equipment work is a portion of the larger Town of Paradise Police PSAP restoration project. Initial estimates received from Motorola Solutions in April 2020, were used to build the budgetary estimates for the larger PSAP restoration project. The April 2020 estimate from Motorola Solutions to complete the work was $435,078, with an additional $198,195 for the first five (5) years of service and software update agreements, and $197,975 for years 6-10 of service and software update agreements, for a total of $831,248 for the equipment, installation and the (10) years of support and software updates. Due to inflationary pressures, commodity prices, and labor costs, the current quote for the project is now $665,711 for the initial purchase and installation of the equipment, with an additional $127,169.82 for support and software updates for year 2 through year 5, for a total cost of $792,880.82. Unfortunately, Motorola Solutions no longer offers support for years five (5) through ten (10) at the time of the purchase of the system, however, these services may be able to be negotiated in the future.
The funding for the original budgetary estimate of $435,078 of equipment and installation costs was included in the Capital Improvement Plan in the FY 2022-23 Capital Budget under project 7324 – Restoration of Dispatch Services. The original total project cost was estimated to be $892,000, which consisted of $72,000 in funding from Measure V and $820,000 in funding from the American Rescue Plan Act (ARPA) funds. This portion of the overall project was budgeted to be funded from the ARPA funds (budget account 2095.00.0000.595.5910.105). The additional $230,633 of equipment and installation costs, which also includes the necessary support and software costs for the first year of service, is recommended to be funded through additional use of the ARPA funds. This recommendation would increase the original budget of $820,000 in funding (authorized through account 2095.00.0000.595.5910.105) by the increase in the quote listed above in the amount of $230,633.
The ongoing support and software costs for years 2 through 5 totaling $127,169.82, are recommended to funded through the Police Communications annual operating budget for the applicable fiscal years (FY) beginning FY 2023-24. Based on the proposed agreement, this would be expected to include ongoing cost additions to the annual operating budgets totaling:
FY 2023-24: $30,971.05
FY 2024-25: $31,507.91
95 FY 2025-26: $32,060.88
FY 2026-27: $32,629.98
The projected annual operating costs have been included in the latest version of the Town’s fiscal sustainability model projections presented during the FY 2022-23 budget process based on Council’s direction to restore Paradise Police PSAP services. 96 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 6(c)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Short-term Rental Discussion
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Provide staff with direction on desired changes, if any, to the Paradise Municipal Code relating to the creation of short-term rental zoning regulations to present at a future council meeting; OR
2. Provide alternative direction to town staff.
Background:
With the rise of the online hospitality marketplace, online businesses such as Airbnb, VRBO, Wimdu and similar companies have made renting out a home an easy option for homeowners in areas not considered as tourist destinations. This potential land use issue is increasing in frequency and potential for controversy has increased in many areas where short-term rentals are prevalent.
Where and when short-term rentals present problems for communities these issues or conflicts are often addressed through zoning regulations. There appear to be only about a dozen sites in town advertising short-term rentals and town staff has not received any complaints regarding their operation. One of those twelve sites, in the old retirement residence next to the hospital, does have a use permit authorizing up to 14 short-term rental units.
Short-term rental zoning provisions typically define short-term as less than 30 days. Often two types of facilities fall under the term short-term rental – vacation rentals where an entire dwelling is rented or hosted homestays whereby an owner rents out a bedroom for a period less than 30 days. The concept has grown in popularity throughout California and the United States. Shortterm rentals can provide a way for homeowners to generate additional income. While most are in or near popular tourist destinations, areas with large-scale construction projects can also see a rise in use of these types of housing units as an alternative form of temporary workforce housing.
Local zoning regulations are likely to establish various standards for short-term rentals. These regulations may be aimed at attempting to address some of the following issues:
Development of a detailed definition for short-term rentals and/or hosted homestays. Requirements for providing off-street parking.
Noise and nuisance provisions or reference(s) to other ordinances addressing such issues.
97 Minimum setback from other off-site short-term rentals. A particular interval of feet may be used to assure that a given area that may be more desirable than another does not become overly saturated with short-term rentals.
Limits to occupancy levels by the numbers of available bedrooms – or for units served by on-site septic systems.
Proof of code compliance, fire safety measures, adequate water and electrical service, or other utilities or infrastructure that may be of particular concern. Requirements for notifying neighbors, or perhaps even for their agreement. Limitations on the total number of nights per year the unit can be rented. Imposition of a special use permit or conditional use permit requirement, allowing for scrutiny of the factual characteristics of a short-term rental property before allowing such a use.
Limiting the number of short-term rentals on a single site. Setting thresholds and processes for permit revocation.
Analysis:
Under the town’s current regulations, vacation rentals fit into our zoning code definition of “motel or lodging” and are subject to collection and payment of transient occupancy taxes (TOT), pursuant to Chapter 3.24 of the Paradise Municipal Code (PMC). Any transient lodging that is less than 31 consecutive days is subject to the 12% tax. Vacation rentals also fit into the definition of “Hotel” in Chapter 3.24 and thus, are subject to the tax. Zoning regulations potentially allow the establishment of lodging establishments in the Central Business (CB), Community Commercial (CC) and Community Services (CS) zones subject to either a site plan review permit or a use permit, both requiring a public hearing. In residential zones, bed and breakfast facilities are the closest to a short-term rental, more akin to a hosted homestay, and are potentially permitted in all residential zones subject to a conditional use permit. What the town’s residential zoning regulations do not address are the short-term vacation rentals where the entire dwelling unit is rented nor is there a standardized list of requirements for short-term rentals.
Research of neighboring jurisdictions’ short-term rental ordinances provided the following snapshot of general ordinance regulations to consider:
Grass Valley Redding Placer County Butte County
Planning Permit
Required
Yes – minor use
permit
Yes – Site
Development
Pmt
Yes – STR permit Yes – Admin
Permit
Renewal
Frequency
Use permit - no
Biz lic - annually
Annually Annually Annually
Business
License?
Yes & TOT Yes & TOT Yes & TOT TOT
Special Tracking
Software
Yes – “Host
Compliance”
Yes – “Host
Compliance”
Yes -
Rentalscape
(Deckard Tech)
Yes – “Host
Compliance”
Setback from
other STRs?
No Considered, not
required
No No
Threshold for
Revocation
Any violation
grounds for
revocation
Any violation
grounds for
revocation
Any violation
grounds for
revocation
“3-strikes
revocation rule”
98 Quiet hours? 8pm-7am 10pm-7am 9pm-8am 10pm-7am (MF) 10pm-9am Max number of
occupants
No No 2/bdrm + 2 add’l
(12 MAX)
2/bdrm (10
MAX)
Max number of
rental rooms
Vac. home – No
Homestay - 2
No No Five (5)
Max number of
rentals on lot
No No One (1) Two (one must
be a hosted
stay)
Min/Max annual
nights per mo/yr
No No 30 nights/year
MINIMUM
90 nights/year
MAXIMUM
Homestay ok? Yes Yes No Yes
Parking rules 1 on-site space
per bedroom
1 on-site space
per bedroom,
Director can
approve onstreet
On-site parking
required,
number not
designated
1 on-site space
per bedroom
Zoning Districts Variety All All that allow
residential use
Variety
Property
Manager
Y, 24/7 w/in 30-
miles
Y, 24/7 w/in 60-
mins
Y, 24/7 w/in 60-
mins
Y, 24/7 w/in 30-
mins
Notice
neighbors?
Yes w/in 300’ No No Yes, 300’ & all
on a private
road
Special events? Not mentioned Prohibited Prohibited Prohibited Signage Prohibited Prohibited Not mentioned Prohibited
Posting
requirements
Inside – contact
info, & rules
Inside – evac
and house
policies
Inside – “Good
Neighbor Flyer”
Inside – contact
& evac info, &
rules
Fire Inspection No No Yes (1-3 yrs) No
Transferrable Not mentioned No No No
Other No rental to
multiple
unrelated
parties at the
same time
Limits total STRs
to 3,900. MHUs
are prohibited
as STRs
Must be owner’s
primary res. or
reside next
door. Declared
emergencies
exempt. ADUs
cannot be used.
If the Town Council would like to formally consider adopting regulations governing short-term rentals, staff would bring back a draft ordinance for review based on feedback from the Council.
Financial Impact:
Discussion of municipal code ordinances will have no financial impact upon the Town of Paradise.
If a future ordinance is ultimately adopted, additional TOT revenues would potentially be realized as currently non-compliant short-term rentals became permitted and tracked for compliance. 99 Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 6(d)
ORIGINATED BY: Susan Hartman, Community Development
Director – Planning & Wastewater
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Consider Adoption and Authorization of an Amendment to the Text of Section 5.01 [Local Office and Truck
Yard] of the Franchise Agreement Between the Town
and Northern Recycling & Waste Services Relating to
the Required Office Hours
LONG TERM
RECOVERY PLAN:
No
COUNCIL ACTION REQUESTED:
1. Adopt the attached and proposed “Second Amendment to the Franchise Agreement” between the Town of Paradise and Northern Recycling & Waste Services thereby amending Section 5.01 of the Agreement; AND
2. Authorize the Town Manager to execute the adopted “Second Amendment to the Franchise Agreement” document on behalf of the Town of Paradise; AND
3. Authorize town staff to file with the office of the Town Clerk a fully executed copy of the adopted “Second Amendment to the Franchise Agreement”; OR
4. Adopt an alternative directive to town staff regarding this agenda item.
Background:
In April 2017, the solid waste franchise agreement between the Town and Northern Recycling & Waste Services (NRWS) was amended and restated for a time period ending April 30, 2027. As part of that Agreement, there are requirements to operate a local office with minimum office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.
On August 24, 2022, a written request was received from NRWS for Town Council consideration and approval of the second amendment to the 2017 Solid Waste Franchise Agreement relating to the required minimum office hours. NRWS is requesting Council approval of an adjustment in the posted office hours for walk-in services, allowing the office to close at 4:00 p.m. instead of 5:00 p.m., Monday through Friday. This request would allow NRWS to adjust their staffing schedule to allow for more coverage in the morning to mid-day when customer interaction is higher, while the trucks are still on their routes.
Analysis:
In the written request received from NRWS, they justify the request based on a significant drop in call volume from 3:00-5:00 p.m. They also point out that these amended office hours would be similar to other service entities such as PID, which is open 9:00 a.m.-4:00 p.m., and Del Oro 100
Water District which is open 8:00 a.m.-4:30 p.m. Even Paradise Recreation and Park District has reduced hours from 9:00 a.m.-3:00 p.m. and the Paradise Unified School District office hours are 8:00 a.m.-4:00 p.m.
Staff and NRWS are open to discussing any other options the Council would like to suggest regarding this agenda item.
Financial Impact:
The proposed amendment of the existing franchise agreement will not incur any additional general fund expenses.
Attachment
101
102
SECOND AMENDMENT TO THE FRANCHISE AGREEMENT
This Second Amendment to the Franchise Agreement dated April 30, 2017 between the Town of Paradise (Town) and Northern Recycling and Waste Services LLC (Contractor) is made on September 13, 2022.
WHEREAS, on April 30, 2017, the Town and Contractor entered into an amended and restated agreement for solid waste, recyclable materials, and yard waste collection processing and disposal services; and
WHEREAS, Section 5.01 of the Agreement needs to be amended to reflect the Council’s approval of amended office hours, as outlined in the Agreement, due to extraordinary circumstances following the Camp Fire.
NOW, THEREFORE, the Town and Contractor agree to amend the Agreement as follows:
1. The second sentence of Section 5.01 of the Agreement shall be amended to read:
“Office hours shall be, at a minimum, from 8:00 A.M. to 4:00 P.M., Monday through Friday, exclusive of holidays.”
2. Any conflicts between this Second Amendment and the Agreement shall be controlled by this Second Amendment.
3. All other provisions of the Agreement shall remain in full force and effect.
This Second Amendment shall be effective on September 13, 2022.
Town of Paradise Northern Recycling & Waste
Services, LLC
By: ___________________________ By: __________________________ Kevin Phillips, Town Manager
ATTEST: APPROVED AS TO FORM:
By:___________________________ By:
Dina Volenski, Town Clerk Scott E. Huber, Town Attorney 103
Town of Paradise
Council Agenda Summary
Date: September 13, 2022
Agenda Item: 6(e)
ORIGINATED BY: Eric Reinbold, Chief of Police
REVIEWED BY: Kevin Phillips, Town Manager
SUBJECT: Award Contract for PD to Station 81 Fiber Installation
LONG TERM
RECOVERY PLAN:
Yes
COUNCIL ACTION REQUESTED:
1. Authorize the Town Manager to enter into a contract with Technique Communications, for the installation of a fiber data connection between the Police Department and Fire Station 81.
2. Approve staff recommended budget adjustments.
Background:
To enable the full restoration of the Paradise Police Dispatch Public Safety Answering Point (PSAP), the Town needs to restore the two-way radio communications for the Town. Prior to the Town installing new Dispatch radio equipment, the data connection between the Police Department Server Room and the Fire Station 81 Radio Vault must be able to handle the volume and speed of data required to support Public Safety grade VoIP radio communications. Due to the distance between the two points, the current, aging, CAT-5 cable connections are insufficient to support this need and this connection must be upgraded to a fiber data connection.
Analysis:
The proposed two-way radio communications system recommends four (4) strands of fiber for this connection. The current conduit in place supports multiple lines of aging, CAT-5 cable. The current conduit does not have the capacity to add the required fiber. To install the fiber, the Town will need to install a new conduit. However, for significantly less labor costs, and minimally additional materials costs, a contractor can remove the aging CAT-5 cable from the current conduit and replace it with a twelve (12) strand fiber cable. Twelve (12) strands of fiber will provide for the needs of the new radio system, as well as replace the capacity of the current, aging, CAT5 cable, and provide for significant additional capacity for future expansion.
Technique Communications of Yuba City comes recommended to complete this work, with a proven prior record of satisfactory completion of similar projects in a timely fashion. Technique Communications provided a quote and is able to schedule the work to be completed in the timeline required for the Town to complete the next steps of the larger Town of Paradise Police PSAP restoration project.
104
Financial Impact:
The PD to Station 81 Fiber Installation work is a portion of the larger Town of Paradise Police PSAP restoration project. Initial estimates to complete the PSAP restoration did not include the installation of a fiber connection from the Police Department to Station 81. However, this additional infrastructure became a necessary part of the project as the final detailed planning for the project was made. Technique Communications can complete the PD to Station 81 Fiber Installation work for $4,984.20.
The budget for the Town of Paradise PSAP restoration project was included in the Capital Improvement Plan in the FY 2022-23 Capital Budget under project 7324 – Restoration of Dispatch Services. The original total project cost was estimated to be $892,000, which consisted of $72,000 in funding from Measure V and $820,000 in funding from the American Rescue Plan Act (ARPA) funds. This portion of the overall project was budgeted to be funded from the ARPA funds (budget account 2095.00.0000.595.5910.105). This required improvement does not create a significant increase in the overall cost of the Town of Paradise Police PSAP restoration project. The additional $4,984.20 is recommended to be funded through additional use of the ARPA funds.
This recommendation would increase the original budget of $820,000 in funding (authorized through account 2095.00.0000.595.5910.105) by the contract amount of $4,984.20. 105